Victorian Numbered Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 13

    (1)     For the purposes of this Act the Aboriginal Child Placement Principle is that if it is in the best interests of an Aboriginal child to be placed in out of home care, in making that placement, regard must be had—

        (a)     to the advice of the relevant Aboriginal agency; and

        (b)     to the criteria in sub-section (2); and

        (c)     to the principles in section 14.

    (2)     The criteria are—

        (a)     as a priority, wherever possible, the child must be placed within the Aboriginal extended family or relatives and where this is not possible other extended family or relatives;

        (b)     if, after consultation with the relevant Aboriginal agency, placement with extended family or relatives is not feasible or possible, the child may be placed with—

              (i)     an Aboriginal family from the local community and within close geographical proximity to the child's natural family;

              (ii)     an Aboriginal family from another Aboriginal community;

              (iii)     as a last resort, a non-Aboriginal family living in close proximity to the child's natural family;

        (c)     any non-Aboriginal placement must ensure the maintenance of the child's culture and identity through contact with the child's community.