Chapter 2 Objects, principles and responsibilities
7 What is the role of the objects and principles of this Act?
The provisions of this Chapter are intended to give guidance and direction in the administration of this Act. They do not create, or confer on any person, any right or entitlement enforceable at law.
8 What are the objects of this Act?
The objects of this Act are to provide:(a) that children and young persons receive such care and protection as is necessary for their safety, welfare and well-being, having regard to the capacity of their parents or other persons responsible for them, and(b) that all institutions, services and facilities responsible for the care and protection of children and young persons provide an environment for them that is free of violence and exploitation and provide services that foster their health, developmental needs, spirituality, self-respect and dignity, and(c) that appropriate assistance is rendered to parents and other persons responsible for children and young persons in the performance of their child-rearing responsibilities in order to promote a safe and nurturing environment.
9 Principles for administration of Act
(1) This Act is to be administered under the principle that, in any action or decision concerning a particular child or young person, the safety, welfare and well-being of the child or young person are paramount.(2) Subject to subsection (1), the other principles to be applied in the administration of this Act are as follows:(a) Wherever a child or young person is able to form his or her own views on a matter concerning his or her safety, welfare and well-being, he or she must be given an opportunity to express those views freely and those views are to be given due weight in accordance with the developmental capacity of the child or young person and the circumstances.(b) In all actions and decisions made under this Act (whether by legal or administrative process) that significantly affect a child or young person, account must be taken of the culture, disability, language, religion and sexuality of the child or young person and, if relevant, those with parental responsibility for the child or young person.(c) In deciding what action it is necessary to take (whether by legal or administrative process) in order to protect a child or young person from harm, the course to be followed must be the least intrusive intervention in the life of the child or young person and his or her family that is consistent with the paramount concern to protect the child or young person from harm and promote the child’s or young person’s development.(d) If a child or young person is temporarily or permanently deprived of his or her family environment, or cannot be allowed to remain in that environment in his or her own best interests, the child or young person is entitled to special protection and assistance from the State, and his or her name, identity, language, cultural and religious ties should, as far as possible, be preserved.(e) If a child or young person is placed in out-of-home care, arrangements should be made, in a timely manner, to ensure the provision of a safe, nurturing, stable and secure environment, recognising the child’s or young person’s circumstances and that, the younger the age of the child, the greater the need for early decisions to be made in relation to a permanent placement.(f) If a child or young person is placed in out-of-home care, the child or young person is entitled to a safe, nurturing, stable and secure environment. Unless it is contrary to his or her best interests, and taking into account the wishes of the child or young person, this will include the retention by the child or young person of relationships with people significant to the child or young person, including birth or adoptive parents, siblings, extended family, peers, family friends and community.
10 The principle of participation
(1) To ensure that a child or young person is able to participate in decisions made under or pursuant to this Act that have a significant impact on his or her life, the Director-General is responsible for providing the child or young person with the following:(a) adequate information, in a manner and language that he or she can understand, concerning the decisions to be made, the reasons for the Department’s intervention, the ways in which the child or young person can participate in decision-making and any relevant complaint mechanisms,(b) the opportunity to express his or her views freely, according to his or her abilities,(c) any assistance that is necessary for the child or young person to express those views,(d) information as to how his or her views will be recorded and taken into account,(e) information about the outcome of any decision concerning the child or young person and a full explanation of the reasons for the decision,(f) an opportunity to respond to a decision made under this Act concerning the child or young person.(2) In the application of this principle, due regard must be had to the age and developmental capacity of the child or young person.(3) Decisions that are likely to have a significant impact on the life of a child or young person include, but are not limited to, the following:(a) plans for emergency or ongoing care, including placement,(b) the development of care plans concerning the child or young person,(c) Children’s Court applications concerning the child or young person,(d) reviews of care plans concerning the child or young person,(e) provision of counselling or treatment services,(f) contact with family or others connected with the child or young person.
Part 2 Aboriginal and Torres Strait Islander principles
11 Aboriginal and Torres Strait Islander self-determination
(1) It is a principle to be applied in the administration of this Act that Aboriginal and Torres Strait Islander people are to participate in the care and protection of their children and young persons with as much self-determination as is possible.(2) To assist in the implementation of the principle in subsection (1), the Minister may negotiate and agree with Aboriginal and Torres Strait Islander people to the implementation of programs and strategies that promote self-determination.
12 Aboriginal and Torres Strait Islander participation in decision-making
Aboriginal and Torres Strait Islander families, kinship groups, representative organisations and communities are to be given the opportunity, by means approved by the Minister, to participate in decisions made concerning the placement of their children and young persons and in other significant decisions made under this Act that concern their children and young persons.
13 Aboriginal and Torres Strait Islander Child and Young Person Placement Principles
(1) The general order for placement
Subject to the objects in section 8 and the principles in section 9, an Aboriginal or Torres Strait Islander child or young person who needs to be placed in statutory out-of-home care is to be placed with:(a) a member of the child’s or young person’s extended family or kinship group, as recognised by the Aboriginal or Torres Strait Islander community to which the child or young person belongs, or(b) if it is not practicable for the child or young person to be placed in accordance with paragraph (a) or it would not be in the best interests of the child or young person to be so placed—a member of the Aboriginal or Torres Strait Islander community to which the child or young person belongs, or(c) if it is not practicable for the child or young person to be placed in accordance with paragraph (a) or (b) or it would not be in the best interests of the child or young person to be so placed—a member of some other Aboriginal or Torres Strait Islander family residing in the vicinity of the child’s or young person’s usual place of residence, or(d) if it is not practicable for the child or young person to be placed in accordance with paragraph (a), (b) or (c) or it would be detrimental to the safety, welfare and well-being of the child or young person to be so placed—a suitable person approved by the Director-General after consultation with:(i) members of the child’s or young person’s extended family or kinship group, as recognised by the Aboriginal or Torres Strait Islander community to which the child or young person belongs, and(ii) such Aboriginal or Torres Strait Islander organisations as are appropriate to the child or young person.(2) Relevance of self-identification and expressed wishes of child or young person
In determining where a child or young person is to be placed, account is to be taken of whether the child or young person identifies as an Aboriginal or Torres Strait Islander and the expressed wishes of the child or young person.(3) Child or young person with parents from different Aboriginal or Torres Strait Islander communities
If a child or young person has parents from different Aboriginal or Torres Strait Islander communities, the order for placement established by paragraphs (a), (b), (c) and (d) of subsection (1) applies, but the choice of a member or person referred to in those paragraphs is to be made so that the best interests of the child or young person will be served having regard to the principles of this Act.(4) Child or young person with one Aboriginal or Torres Strait Islander parent and one non-Aboriginal and Torres Strait Islander parent
If a child or young person has one Aboriginal or Torres Strait Islander parent and one non-Aboriginal and Torres Strait Islander parent, the child or young person may be placed with the person with whom the best interests of the child or young person will be served having regard to the principles of this Act.(5) If a child or young person to whom subsection (4) applies:(a) is placed with a person who is not within an Aboriginal or Torres Strait Islander family or community, arrangements must be made to ensure that the child or young person has the opportunity for continuing contact with his or her Aboriginal or Torres Strait Islander family, community and culture, or(b) is placed with a person who is within an Aboriginal or Torres Strait Islander family or community, arrangements must be made to ensure that the child or young person has the opportunity for continuing contact with his or her non-Aboriginal and Torres Strait Islander family, community and culture.(6) Placement of child or young person in care of person who is not an Aboriginal or Torres Strait Islander
The following principles are to determine the choice of a carer if an Aboriginal or Torres Strait Islander child or young person is placed with a carer who is not an Aboriginal or Torres Strait Islander:(a) Subject to the best interests of the child or young person, a fundamental objective is to be the reunion of the child or young person with his or her family or Aboriginal or Torres Strait Islander community.(b) Continuing contact must be ensured between the child or young person and his or her Aboriginal or Torres Strait Islander family, community and culture.These principles are subject to subsection (2).
(7) Exceptions: emergency placements and placements of short duration
Subsection (1) does not apply to:(a) an emergency placement made to protect a child or young person from serious risk of immediate harm, or(b) a placement for a duration of less than 2 weeks.(8) Where an emergency placement is made to protect an Aboriginal or Torres Strait Islander child or young person from serious risk of immediate harm, the Director-General must consult with the appropriate Aboriginal or Torres Strait Islander community as soon as practicable after the safety of the child or young person has been secured.Note. In the course of any consultation under this Part, the Director-General must have regard to the right of Aboriginal or Torres Strait Islander children and young persons and their families to confidentiality.
14 Records relating to Aboriginals and Torres Strait Islanders
(1) All records made within the Department relating to the placement in statutory or supported out-of-home care of Aboriginal and Torres Strait Islander children and young persons are to be kept permanently.(2) If an Aboriginal or Torres Strait Islander child or young person has been placed in statutory or supported out-of-home care:(a) the child or young person, and(b) a birth or adoptive parent of the child or young person, and(c) a person authorised in writing by the child, young person or parent,is entitled to have access, in accordance with the regulations, to all records kept by the Department that relate to the placement.(3) (Repealed)(4) Subsection (2) does not confer a right or entitlement to information that is subject to Chapter 8 of the Adoption Act 2000.(5) The regulations may make provision for or with respect to the keeping of and access to records to which this section applies.
Part 3 Roles of the Minister and Director-General
15 General role of the Minister
The Minister is to promote a partnership approach between the government, non-government agencies, families, corporations, business agencies and the community in taking responsibility for and dealing with children and young persons who are in need of care and protection under this Act.
16 General role of the Director-General
(1) Principal role
The Director-General is to provide services and promote the development, adoption and evaluation of policies and procedures that accord with the objects and principles of this Act.Note. This role may include:• providing assistance to children and young persons• involving children and young persons and their families in processes that affect them and making services and information available to them• consistent with the care and protection of children and young persons, promoting the raising of children and young persons within families• supporting communities involved in the care and protection of children and young persons• regularly reviewing action• implementing procedures to assess the suitability of people having contact with children and young persons• undertaking or encouraging research, education or training.(2) Interagency procedures and protocols
The Director-General is to promote the development of procedures and protocols with government departments and agencies and the community sector that promote the care and protection of children and young persons and to ensure that these procedures and protocols are implemented and regularly reviewed.(3) The objects of the procedures and protocols referred to in subsection (2) are:(a) to promote the development of co-ordinated strategies for the care and protection of children and young persons and for the provision of support services directed towards strengthening and supporting families, and(b) to co-ordinate the provision of services for assisting young persons leaving statutory out-of-home care.
17 Director-General’s request for services from other agencies
In deciding what action should be taken to promote and safeguard the safety, welfare and well-being of a child or young person, the Director-General may request a government department or agency, or a non-government agency in receipt of government funding, to provide services to the child or young person or to his or her family.
(1) The government department or agency, or the non-government agency, must use its best endeavours to comply with a request made to it under section 17 if it is consistent with its own responsibilities and does not unduly prejudice the discharge of its functions.(2) Subsection (1) does not, in the case of a non-government agency in receipt of government funding, limit any obligation imposed on the agency in accordance with the agreement under which it receives that funding.
19 Interagency co-operation and exchange of information
The provisions of this Part do not limit the operation of Chapter 16A or section 248.