sec.5EPrinciples for participation of children

### sec.5E Principles for participation of children This section applies if a person— exercises, or will exercise, a power under this Act that affects, or may affect, a child; or makes, or will make, a decision under this Act that affects, or may affect, a child. Unless a provision of this Act states otherwise, the person must ensure the following in relation to the exercise of the power or the making of the decision— the child is given meaningful and ongoing opportunities to participate; the child is allowed to decide whether or not the child will participate; the child is given information that is reasonably necessary to allow the child to participate; the child is advised about what help is available to the child; the person understands and considers, or makes a genuine attempt to understand and consider, any views expressed by the child; the child is allowed to express views that are different to views previously expressed by the child; communication with the child is carried out in a way that is appropriate for the child; a record of views expressed by the child is made that, if appropriate, uses the child’s words. If the child decides to participate in the exercise of the power or the making of the decision, the person must ensure that— the child is allowed to decide how the child will participate; and communicating verbally or non-verbally communicating directly with a particular person communicating indirectly through a trusted person, including, for example, a member of the child’s family or family group, the child’s carer or the public guardian communicating indirectly through an independent person, including, for example, the child’s legal representative or health practitioner communicating indirectly through a written statement or an audio or video recording communicating indirectly through an expert in a report prepared by the expert participating separately from particular persons the person listens to and engages with, or makes a genuine attempt to listen to and engage with, the child; and the child is given help to participate if the child requires it. If the child decides not to participate, or is otherwise unable to participate, in the exercise of the power or the making of the decision, the person must ensure— the person obtains, or makes a genuine attempt to obtain, the views of the child in another way that is appropriate for the child; and a report prepared by a psychologist for the child the child’s decision, or inability, does not operate to the detriment of the child in relation to the exercise of the power or the making of the decision. This section does not apply to a court or the tribunal. s 5E ins 2010 No. 33 s 7 sub 2022 No. 7 s 11 (sec.5E-ssec.1) This section applies if a person— exercises, or will exercise, a power under this Act that affects, or may affect, a child; or makes, or will make, a decision under this Act that affects, or may affect, a child. (sec.5E-ssec.2) Unless a provision of this Act states otherwise, the person must ensure the following in relation to the exercise of the power or the making of the decision— the child is given meaningful and ongoing opportunities to participate; the child is allowed to decide whether or not the child will participate; the child is given information that is reasonably necessary to allow the child to participate; the child is advised about what help is available to the child; the person understands and considers, or makes a genuine attempt to understand and consider, any views expressed by the child; the child is allowed to express views that are different to views previously expressed by the child; communication with the child is carried out in a way that is appropriate for the child; a record of views expressed by the child is made that, if appropriate, uses the child’s words. (sec.5E-ssec.3) If the child decides to participate in the exercise of the power or the making of the decision, the person must ensure that— the child is allowed to decide how the child will participate; and communicating verbally or non-verbally communicating directly with a particular person communicating indirectly through a trusted person, including, for example, a member of the child’s family or family group, the child’s carer or the public guardian communicating indirectly through an independent person, including, for example, the child’s legal representative or health practitioner communicating indirectly through a written statement or an audio or video recording communicating indirectly through an expert in a report prepared by the expert participating separately from particular persons the person listens to and engages with, or makes a genuine attempt to listen to and engage with, the child; and the child is given help to participate if the child requires it. (sec.5E-ssec.4) If the child decides not to participate, or is otherwise unable to participate, in the exercise of the power or the making of the decision, the person must ensure— the person obtains, or makes a genuine attempt to obtain, the views of the child in another way that is appropriate for the child; and a report prepared by a psychologist for the child the child’s decision, or inability, does not operate to the detriment of the child in relation to the exercise of the power or the making of the decision. (sec.5E-ssec.5) This section does not apply to a court or the tribunal. - (a) exercises, or will exercise, a power under this Act that affects, or may affect, a child; or - (b) makes, or will make, a decision under this Act that affects, or may affect, a child. - (a) the child is given meaningful and ongoing opportunities to participate; - (b) the child is allowed to decide whether or not the child will participate; - (c) the child is given information that is reasonably necessary to allow the child to participate; - (d) the child is advised about what help is available to the child; - (e) the person understands and considers, or makes a genuine attempt to understand and consider, any views expressed by the child; - (f) the child is allowed to express views that are different to views previously expressed by the child; - (g) communication with the child is carried out in a way that is appropriate for the child; - (h) a record of views expressed by the child is made that, if appropriate, uses the child’s words. - (a) the child is allowed to decide how the child will participate; and Examples of how a child may decide to participate— • communicating verbally or non-verbally • communicating directly with a particular person • communicating indirectly through a trusted person, including, for example, a member of the child’s family or family group, the child’s carer or the public guardian • communicating indirectly through an independent person, including, for example, the child’s legal representative or health practitioner • communicating indirectly through a written statement or an audio or video recording • communicating indirectly through an expert in a report prepared by the expert • participating separately from particular persons - • communicating verbally or non-verbally - • communicating directly with a particular person - • communicating indirectly through a trusted person, including, for example, a member of the child’s family or family group, the child’s carer or the public guardian - • communicating indirectly through an independent person, including, for example, the child’s legal representative or health practitioner - • communicating indirectly through a written statement or an audio or video recording - • communicating indirectly through an expert in a report prepared by the expert - • participating separately from particular persons - (b) the person listens to and engages with, or makes a genuine attempt to listen to and engage with, the child; and - (c) the child is given help to participate if the child requires it. - • communicating verbally or non-verbally - • communicating directly with a particular person - • communicating indirectly through a trusted person, including, for example, a member of the child’s family or family group, the child’s carer or the public guardian - • communicating indirectly through an independent person, including, for example, the child’s legal representative or health practitioner - • communicating indirectly through a written statement or an audio or video recording - • communicating indirectly through an expert in a report prepared by the expert - • participating separately from particular persons - (a) the person obtains, or makes a genuine attempt to obtain, the views of the child in another way that is appropriate for the child; and Example of a way to obtain a child’s views that may be appropriate— a report prepared by a psychologist for the child - (b) the child’s decision, or inability, does not operate to the detriment of the child in relation to the exercise of the power or the making of the decision.