South Australian Numbered Acts

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CHILDREN'S PROTECTION (MISCELLANEOUS) AMENDMENT ACT 2005 (NO 76 OF 2005) - SECT 5

5—Substitution of section 4

Section 4—delete the section and substitute:

4—Fundamental principles

        (1)         Every child has a right to be safe from harm.

        (2)         Every child has a right to care in a safe and stable family environment or, if such a family environment cannot for some reason be provided, in some alternative form of care in which the child has every opportunity that can be reasonably provided to develop to his or her full potential.

        (3)         In the exercise of powers under this Act, the above principles and the child's wellbeing and best interests are to be the paramount considerations.

        (4)         In determining a child's best interests, consideration must be given to the following:

            (a)         the desirability of keeping the child within the child's own family and the undesirability of withdrawing the child unnecessarily from a neighbourhood or environment with which the child has an established sense of connection;

            (b)         the need to preserve and strengthen relationships between the child, the child's parents and grandparents and other members of the child's family (whether or not the child is to reside with those parents, grandparents or other family members);

            (c)         the need to encourage, preserve and enhance the child's sense of racial, ethnic, religious, spiritual and cultural identity and to respect traditions and values of the community into which the child was born;

            (d)         if the child is able to form and express his or her own views as to his or her best interests—those views;

            (e)         the undesirability of interrupting the child's education or employment unnecessarily.

        (5)         In relation to an Aboriginal child, the Aboriginal Child Placement Principle is to be observed.

        (6)         A child who is placed or about to be placed in alternative care—

            (a)         must be provided with—

                  (i)         a nurturing, safe and stable living environment; and

                  (ii)         care that is, as far as practicable, appropriate to the child's needs and culturally appropriate; and

            (b)         must be allowed to maintain relationships with the child's family (including the child's grandparents) and community, to the extent that such relationships can be maintained without serious risk of harm; and

            (c)         must be consulted about, and (if the child is reasonably able to do so) take part in making, decisions affecting the child's life, particularly decisions about the child's ongoing care, where the child is to live, contact with the child's family and the child's health and schooling; and

            (d)         must be given information that is appropriate, having regard to the child's age and ability to understand, about plans and decisions concerning the child's future; and

            (e)         is entitled to have his or her privacy respected; and

            (f)         if the child is in alternative care and under the guardianship, or in the custody, of the Minister—is entitled to regular review of the child's circumstances and the arrangements for the child's care.

        (7)         All proceedings under this Act must be dealt with expeditiously, with due regard to the degree of urgency of each particular case.



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