sec.5DPrinciples about exercising powers and making decisions

### sec.5D Principles about exercising powers and making decisions The following principles are relevant to exercising a power or making a decision under this Act— a power under this Act should be exercised in a way that is open, fair and respectful of the rights of each person affected by the exercise of the power; to the extent that it is appropriate, the views of relevant persons should be sought and taken into account before a decision is made under this Act; See also section 5E in relation to the exercise of a power, or the making of a decision, under this Act that affects, or may affect, a child. if a relevant person for a decision under this Act needs help to participate in or understand the decision-making process, or to understand a statutory right relevant to the decision, the relevant person should be given help; a relevant person for a decision under this Act may obtain their own legal advice, or be represented by a lawyer or supported by another person, in relation to the decision-making process; information about a child affected by a decision under this Act should be shared— only to the extent necessary for the purposes of this Act; and in a way that protects the child’s privacy. This section does not apply to a court or the tribunal. In this section— relevant person , for a decision, means each of the following persons— the child to whom the decision relates; a person who is a parent or sibling of the child and is affected by the decision; any long-term guardian of the child. s 5D ins 2010 No. 33 s 7 amd 2022 No. 7 s 10 (sec.5D-ssec.1) The following principles are relevant to exercising a power or making a decision under this Act— a power under this Act should be exercised in a way that is open, fair and respectful of the rights of each person affected by the exercise of the power; to the extent that it is appropriate, the views of relevant persons should be sought and taken into account before a decision is made under this Act; See also section 5E in relation to the exercise of a power, or the making of a decision, under this Act that affects, or may affect, a child. if a relevant person for a decision under this Act needs help to participate in or understand the decision-making process, or to understand a statutory right relevant to the decision, the relevant person should be given help; a relevant person for a decision under this Act may obtain their own legal advice, or be represented by a lawyer or supported by another person, in relation to the decision-making process; information about a child affected by a decision under this Act should be shared— only to the extent necessary for the purposes of this Act; and in a way that protects the child’s privacy. (sec.5D-ssec.2) This section does not apply to a court or the tribunal. (sec.5D-ssec.3) In this section— relevant person , for a decision, means each of the following persons— the child to whom the decision relates; a person who is a parent or sibling of the child and is affected by the decision; any long-term guardian of the child. - (a) a power under this Act should be exercised in a way that is open, fair and respectful of the rights of each person affected by the exercise of the power; - (b) to the extent that it is appropriate, the views of relevant persons should be sought and taken into account before a decision is made under this Act; Note— See also section 5E in relation to the exercise of a power, or the making of a decision, under this Act that affects, or may affect, a child. - (c) if a relevant person for a decision under this Act needs help to participate in or understand the decision-making process, or to understand a statutory right relevant to the decision, the relevant person should be given help; - (d) a relevant person for a decision under this Act may obtain their own legal advice, or be represented by a lawyer or supported by another person, in relation to the decision-making process; - (e) information about a child affected by a decision under this Act should be shared— (i) only to the extent necessary for the purposes of this Act; and (ii) in a way that protects the child’s privacy. - (i) only to the extent necessary for the purposes of this Act; and - (ii) in a way that protects the child’s privacy. - (i) only to the extent necessary for the purposes of this Act; and - (ii) in a way that protects the child’s privacy. - (a) the child to whom the decision relates; - (b) a person who is a parent or sibling of the child and is affected by the decision; - (c) any long-term guardian of the child.