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CHILD PROTECTION ACT 1999 - SECT 83
Additional provisions for placing Aboriginal and Torres Strait Islander children in care
83 Additional provisions for placing Aboriginal and Torres Strait Islander
children in care
(1) This section applies if the child is an Aboriginal or a Torres Strait
Islander child.
(2) The chief executive must, in consultation with the child
and the child’s family, arrange for an
independent Aboriginal or Torres Strait Islander entity for the child to
facilitate the participation of the child and the child’s family in the
process for making a decision about where or with whom the child will live.
(3) However, the chief executive is not required to arrange for the
involvement of an independent Aboriginal or Torres Strait Islander entity for
the child under subsection (2) if— (a) it is not practicable because an
entity is not available or urgent action is required to protect the child; or
(b) the chief executive is satisfied that an entity’s involvement— (i) is
likely to have a significant adverse effect on the safety or psychological or
emotional wellbeing of the child or any other person; or
(i) is not otherwise
in the child’s best interests; or
(c) section 5H applies in relation to the
entity’s involvement.
(4) In making a decision about the person in whose
care the child should be placed, the chief executive must, if practicable,
place the child with a member of the child’s family group.
(5) However, if
it is not practicable to place the child with a member of the child’s family
group, in making a decision about the person in whose care the child should be
placed, the chief executive must place the child with— (a) a member of the
child’s community or language group; or
(b) if it is not practicable to
place the child in the care of a person mentioned in paragraph (a) , an
Aboriginal or Torres Strait Islander person who is compatible with the
child’s community or language group; or
(c) if it is not practicable to
place the child in the care of a person mentioned in paragraph (a) or (b) ,
another Aboriginal or Torres Strait Islander person; or
(d) if it is not
practicable to place the child in the care of a person mentioned in paragraphs
(a) to (c) , a person who— (i) lives near the child’s family, community or
language group; and
(ii) has a demonstrated capacity for ensuring the
child’s continuity of connection to kin, country and culture.
(6) Also, the
chief executive must give proper consideration to— (a) the views of the
child and the child’s family; and
(b) ensuring the decision provides for
the optimal retention of the child’s relationships with parents, siblings
and other people of significance to the child under Aboriginal tradition or
Island custom.
(7) Before placing the child in the care of a family member or
other person who is not an Aboriginal person or Torres Strait Islander, the
chief executive must give proper consideration to whether the person is
committed to— (a) facilitating contact between the child and the child’s
parents and other family members, subject to any limitations on the contact
under section 87 ; and
(b) helping the child to maintain contact with the
child’s community or language group; and
(c) helping the child to maintain
a connection with the child’s Aboriginal or Torres Strait Islander culture;
and
(d) preserving and enhancing the child’s sense of Aboriginal or Torres
Strait Islander identity.
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