(1) The objects of
this Part are to ensure that the best interests of children are met by —
(a)
ensuring that children have the benefit of both of their parents having a
meaningful involvement in their lives, to the maximum extent consistent with
the best interests of the child; and
(b)
protecting children from physical or psychological harm from being subjected
to, or exposed to, abuse, neglect or family violence; and
(c)
ensuring that children receive adequate and proper parenting to help them
achieve their full potential; and
(d)
ensuring that parents fulfil their duties, and meet their responsibilities,
concerning the care, welfare and development of their children.
(2) The principles
underlying these objects are that (except when it is or would be contrary to a
child’s best interests) —
(a)
children have the right to know and be cared for by both their parents,
regardless of whether their parents are married, separated, have never married
or have never lived together; and
(b)
children have a right to spend time on a regular basis with, and communicate
on a regular basis with, both their parents and other people significant to
their care, welfare and development (such as grandparents and other
relatives); and
(c)
parents jointly share duties and responsibilities concerning the care, welfare
and development of their children; and
(d)
parents should agree about the future parenting of their children; and
(e)
children have a right to enjoy their culture (including the right to enjoy
that culture with other people who share that culture).
(3) For the purposes
of subsection (2)(e), an Aboriginal child’s or Torres Strait Islander
child’s right to enjoy his or her Aboriginal or Torres Strait Islander
culture includes the right —
(a) to
maintain a connection with that culture; and
(b) to
have the support, opportunity and encouragement necessary —
(i)
to explore the full extent of that culture, consistent
with the child’s age and developmental level and the child’s
views; and
(ii)
to develop a positive appreciation of that culture.
(4) An additional
object of this Part is to give effect to the Convention on the Rights of the
Child done at New York on 20 November 1989 as ratified by Australia at 17
December 1990.
[Section 66 inserted: No. 35 of 2006 s. 82;
amended: No. 13 of 2013 s. 8.]
[Heading inserted: No. 13 of 2013 s. 9.]