sec.5FPrinciples about Aboriginal and Torres Strait Islander children—chief executive, litigation director and authorised officers

### sec.5F Principles about Aboriginal and Torres Strait Islander children—chief executive, litigation director and authorised officers This section applies to the following persons (each a relevant authority )— the chief executive; the litigation director; an authorised officer. When making a significant decision about an Aboriginal or Torres Strait Islander child, a relevant authority must— make active efforts to apply the Aboriginal and Torres Strait Islander child placement principle in relation to the child; and in consultation with the child and the child’s family, arrange for an independent Aboriginal or Torres Strait Islander entity for the child to facilitate the participation of the child and the child’s family in the decision-making process. However, subsection (2) (b) does not apply if— complying with the subsection— is not practicable because an independent Aboriginal or Torres Strait Islander entity for the child is not available or urgent action is required to protect the child; or is likely to have a significant adverse effect on the safety or psychological or emotional wellbeing of the child or any other person; or is otherwise not in the child’s best interests; or section 5H applies in relation to the involvement of an independent Aboriginal or Torres Strait Islander entity for the child. Also, subsection (2) (b) does not apply if— the relevant authority is the litigation director; and the litigation director is satisfied the chief executive or an authorised officer has already complied with the requirement in relation to the significant decision. As far as reasonably practicable, a relevant authority must, in performing a function under this Act involving an Aboriginal or Torres Strait Islander person (whether a child or not), perform the function— in a way that allows the full participation of the person and the person’s family group; and in a place that is appropriate to Aboriginal tradition or Island custom. In this section— active efforts , to apply the Aboriginal and Torres Strait Islander child placement principle, means purposeful, thorough and timely efforts to apply the principle. s 5F (prev s 6AA) ins 2017 No. 44 s 8 amd 2022 No. 7 s 12 (1) – (3) renum 2022 No. 7 s 12 (4) (sec.5F-ssec.1) This section applies to the following persons (each a relevant authority )— the chief executive; the litigation director; an authorised officer. (sec.5F-ssec.2) When making a significant decision about an Aboriginal or Torres Strait Islander child, a relevant authority must— make active efforts to apply the Aboriginal and Torres Strait Islander child placement principle in relation to the child; and in consultation with the child and the child’s family, arrange for an independent Aboriginal or Torres Strait Islander entity for the child to facilitate the participation of the child and the child’s family in the decision-making process. (sec.5F-ssec.3) However, subsection (2) (b) does not apply if— complying with the subsection— is not practicable because an independent Aboriginal or Torres Strait Islander entity for the child is not available or urgent action is required to protect the child; or is likely to have a significant adverse effect on the safety or psychological or emotional wellbeing of the child or any other person; or is otherwise not in the child’s best interests; or section 5H applies in relation to the involvement of an independent Aboriginal or Torres Strait Islander entity for the child. (sec.5F-ssec.4) Also, subsection (2) (b) does not apply if— the relevant authority is the litigation director; and the litigation director is satisfied the chief executive or an authorised officer has already complied with the requirement in relation to the significant decision. (sec.5F-ssec.5) As far as reasonably practicable, a relevant authority must, in performing a function under this Act involving an Aboriginal or Torres Strait Islander person (whether a child or not), perform the function— in a way that allows the full participation of the person and the person’s family group; and in a place that is appropriate to Aboriginal tradition or Island custom. (sec.5F-ssec.6) In this section— active efforts , to apply the Aboriginal and Torres Strait Islander child placement principle, means purposeful, thorough and timely efforts to apply the principle. - (a) the chief executive; - (b) the litigation director; - (c) an authorised officer. - (a) make active efforts to apply the Aboriginal and Torres Strait Islander child placement principle in relation to the child; and - (b) in consultation with the child and the child’s family, arrange for an independent Aboriginal or Torres Strait Islander entity for the child to facilitate the participation of the child and the child’s family in the decision-making process. - (a) complying with the subsection— (i) is not practicable because an independent Aboriginal or Torres Strait Islander entity for the child is not available or urgent action is required to protect the child; or (ii) is likely to have a significant adverse effect on the safety or psychological or emotional wellbeing of the child or any other person; or (iii) is otherwise not in the child’s best interests; or - (i) is not practicable because an independent Aboriginal or Torres Strait Islander entity for the child is not available or urgent action is required to protect the child; or - (ii) is likely to have a significant adverse effect on the safety or psychological or emotional wellbeing of the child or any other person; or - (iii) is otherwise not in the child’s best interests; or - (b) section 5H applies in relation to the involvement of an independent Aboriginal or Torres Strait Islander entity for the child. - (i) is not practicable because an independent Aboriginal or Torres Strait Islander entity for the child is not available or urgent action is required to protect the child; or - (ii) is likely to have a significant adverse effect on the safety or psychological or emotional wellbeing of the child or any other person; or - (iii) is otherwise not in the child’s best interests; or - (a) the relevant authority is the litigation director; and - (b) the litigation director is satisfied the chief executive or an authorised officer has already complied with the requirement in relation to the significant decision. - (a) in a way that allows the full participation of the person and the person’s family group; and - (b) in a place that is appropriate to Aboriginal tradition or Island custom.