Victorian Current Acts Victorian Current ActsSelf-identification and expressed wishes of child
(1) In determining where a child is to be placed, account is to be taken of whether the child identifies as Aboriginal and the expressed wishes of the child.
Heading preceding s. 14(1A) inserted by No. 17/2023 s. 5(2).
Prevention principle
S. 14(1A) inserted by No. 17/2023 s. 5(2).
(1A) An Aboriginal child has a right to be brought up within the child's family and community.
Heading preceding s. 14(1B) inserted by No. 17/2023 s. 5(2).
Partnership principle
S. 14(1B) inserted by No. 17/2023 s. 5(2).
(1B) The Aboriginal community to which the child belongs and other respected Aboriginal persons have a right to participate in the making of a significant decision in relation to an Aboriginal child under this Act.
S. 14(1C) inserted by No. 17/2023 s. 5(2).
(1C) Representatives of the Aboriginal community have the right to participate in the design and implementation of child protection and community services relating to Aboriginal children and their families under this Act.
Heading preceding s. 14(1D) inserted by No. 17/2023 s. 5(2).
Participation principle
S. 14(1D) inserted by No. 17/2023 s. 5(2).
(1D) The parents and members of the extended family of an Aboriginal child have a right to participate, and to be enabled to participate in an administrative or judicial decision‑making process under this Act that relates to that child.
Heading preceding s. 14(1E) inserted by No. 17/2023 s. 5(2).
Connection principle
S. 14(1E) inserted by No. 17/2023 s. 5(2).
(1E) An Aboriginal child has a right to develop and maintain a connection with the child's family, community, culture, Country and language.
Child with parents from different Aboriginal communities
(2) If a child has parents from different Aboriginal communities, the order of placement set out in sections 13(2)(b)(i) and 13(2)(b)(ii) applies but consideration should also be given to the child's own sense of belonging.
(3) If a child with parents from different Aboriginal communities is placed with one parent's family or community, arrangements must be made to ensure that the child has the opportunity for continuing contact with his or her other parent's family, community and culture.
Child with one Aboriginal parent and one non‑Aboriginal parent
(4) If a child has one Aboriginal parent and one non‑Aboriginal parent, the child must be placed with the parent with whom it is in the best interests of the child to be placed.
Placement of child in care of a non-Aboriginal person
(5) If an Aboriginal child is placed with a person who is not within an Aboriginal family or community, arrangements must be made to ensure that the child has the opportunity for continuing contact with his or her Aboriginal family, community and culture.
Chapter 2—Administration