12Aboriginal children

12 Aboriginal children (1) Kinship groups, Aboriginal community-controlled organisations and communities of Aboriginal people have a major role, through self- determination, in promoting the wellbeing of Aboriginal children. (2) When a significant decision involving an Aboriginal child is to be made: (a) the child's family members have a right to participate, and to be enabled to participate, in an administrative or judicial process for making the decision; and (b) the child and the child's family have a right to identify any of the following persons that the child or family would like to participate in the making of the decision: (i) a person with cultural authority; (ii) a member of a kinship group;

Care and Protection of Children Act 2007 6 (iii) a member of an Aboriginal community-controlled organisation; (iv) a member of a community of Aboriginal people; and (c) a person identified in accordance with paragraph (b) has the right to participate in the making of the decision. (2A) When a decision involving an Aboriginal child is made, the decision should be healing focussed and trauma informed. (2B) An Aboriginal child has the right to be brought up within the child's own family and community and on the child's own country. (2C) An Aboriginal child has a right to be supported to develop and maintain a connection with the child's family, community, culture, traditions, language and country, particularly when the child is placed with a person who is not from the child's community or kinship group. (2D) If an Aboriginal child is to be placed with a person, the principles set out in subsections (3) and (4) apply. (3) An Aboriginal child should, as far as practicable, be placed with a person in the following order of priority: (a) a member of the child's family; (b) an Aboriginal person in the child's community in accordance with local community practice; (c) any other Aboriginal person; (d) a person who: (i) is not an Aboriginal person; but (ii) in the CEO's opinion, is sensitive to the child's needs and capable of supporting the child to develop and maintain a connection with the child's family, community, culture, traditions, language and country. (4) In addition, an Aboriginal child should, as far as practicable, be placed in close proximity to the child's family and community.

Care and Protection of Children Act 2007 7 (5) In this section: significant decision, involving a child, means a decision likely to have a significant impact on the child's life. Examples for definition significant decision 1 A decision about placing a child in care or about the placement arrangement for the child. 2 A decision about whether or not to apply for a child protection order for a 12A Children with disabilities (1) A child with a disability has a right to be treated in a way that respects the child's developing capacity and preserves their identity. (2) In addition, a child with a disability has: (a) the same rights as other children to express the child's wishes and views; and (b) the right to be provided with disability and age appropriate assistance to realise the rights mentioned in paragraph (a); and (c) the right to have due weight given to the child's wishes and views in accordance with the child's age, maturity and understanding on an equal basis with other children.