In performing a
function under this Act, other principles to be observed are as follows
—
(a) the
principle that the parents, family and community of a child have the primary
role in safeguarding and promoting the child’s wellbeing;
(b) the
principle that the preferred way of safeguarding and promoting a child’s
wellbeing is to support the child’s parents, family and community in the
care of the child;
(c) the
principle that every child should be cared for and protected from harm;
(d) the
principle that every child should live in an environment free from violence;
(e) the
principle that every child should have stable, secure and safe relationships
and living arrangements;
(ea) the
principle that every child should be treated as a valued member of society in
a manner that respects the child’s dignity and privacy;
(f) the
principle that intervention action (as defined in section 32(2)) should be
taken only in circumstances where there is no other reasonable way to
safeguard and promote the child’s wellbeing;
(g) the
principle that planning for the care of a child who is in the CEO’s care
should occur as soon as possible in order to promote long-term stability for
the child and should, as soon as possible, include consideration of whether it
is appropriate to work towards returning the child to the child’s
parents;
(ga) the
principle that objectives of planning for the care of a child who is in the
CEO’s care include the following —
(i)
to achieve continuity and stability in the child’s
living arrangements;
(ii)
to preserve and enhance the child’s relationships
with the child’s family and with other people who are significant in the
child’s life (subject to protecting the child from harm and meeting the
child’s needs);
(iii)
for an Aboriginal child, Torres Strait Islander child or
child of a culturally or linguistically diverse background — to preserve
and enhance the child’s connection with the culture and traditions of
the child’s family or community;
(gb) the
principle that objectives of planning for a placement arrangement for a child
include, subject to protecting the child from harm and meeting the
child’s needs, the following —
(i)
to place the child with a member of the child’s
family;
(ii)
to place the child with the child’s siblings
(subject also to protecting the siblings from harm);
(iii)
to place the child with a person who is willing and able
to encourage and support the child to develop and maintain contact with the
child’s parents, siblings and other members of the child’s family
and with other people who are significant in the child’s life, subject
to decisions under this Act about that contact;
[(ha) deleted]
(h) the
principle that decisions about a child should be made promptly having regard
to the age, characteristics, circumstances and needs of the child and to
minimising the risk of detrimental effects arising from delay in
decision-making;
(ia) the
principle that decisions about a child with disability should be made giving
special consideration to any difficulties or discrimination that may be
encountered by the child because of the child’s disability and should
support the child’s full and effective participation in society;
(i)
the principle that decisions about a child should be
consistent with cultural, ethnic and religious values and traditions relevant
to the child;
(j) the
principle that a child’s parents and other people who are significant in
the child’s life should be given an opportunity and assistance to
participate in decision-making processes under this Act that are likely to
have a significant impact on the child’s life;
(k) the
principle that a child’s parents and other people who are significant in
the child’s life should be given adequate information, in a manner and
language that they can understand, about —
(i)
decision-making processes under this Act that are likely
to have a significant impact on the child’s life; and
(ii)
the outcome of decisions under this Act that are likely
to have a significant impact on the child’s life (as described in
section 10(3)), including an explanation of the reasons for the decisions; and
(iii)
any relevant complaint or review procedures;
(l) the
principle that, as far as practicable, services of an interpreter or other
appropriate person are to be made available to assist —
(i)
a person who has difficulty understanding or
communicating in English; or
(ii)
a person whose disability prevents or restricts the
person’s understanding of, or participation in, a decision-making or
other process or the person’s expression of wishes or views.
[Section 9 amended: No. 49 of 2010 s. 39; No. 23
of 2015 s. 27; No. 18 of 2021 s. 9.]