sec.5HPrinciple about Aboriginal and Torres Strait Islander children—consent to involvement of independent Aboriginal or Torres Strait Islander entities

### sec.5H Principle about Aboriginal and Torres Strait Islander children—consent to involvement of independent Aboriginal or Torres Strait Islander entities This section applies if— an independent Aboriginal or Torres Strait Islander entity, for an Aboriginal or Torres Strait Islander child, intends to carry out a relevant activity for the child; and either or both of the following apply— if it is appropriate for the child to consent to the carrying out of the relevant activity by the entity—the child does not consent to the carrying out of the relevant activity by the entity; the child’s family does not consent to the carrying out of the relevant activity by the entity. The independent Aboriginal or Torres Strait Islander entity must not carry out the relevant activity for the child. In this section— relevant activity , for an Aboriginal or Torres Strait Islander child, means any of the following activities— facilitating the participation of the child, and the child’s family, in a decision-making process; attending, and participating in, a case planning meeting for the child; participating in the review and preparation of a revised case plan for the child; otherwise participating in a family group meeting for the child; attending a court ordered conference, under chapter 2 , part 5 , division 2 , related to the child. s 5H ins 2022 No. 7 s 14 (sec.5H-ssec.1) This section applies if— an independent Aboriginal or Torres Strait Islander entity, for an Aboriginal or Torres Strait Islander child, intends to carry out a relevant activity for the child; and either or both of the following apply— if it is appropriate for the child to consent to the carrying out of the relevant activity by the entity—the child does not consent to the carrying out of the relevant activity by the entity; the child’s family does not consent to the carrying out of the relevant activity by the entity. (sec.5H-ssec.2) The independent Aboriginal or Torres Strait Islander entity must not carry out the relevant activity for the child. (sec.5H-ssec.3) In this section— relevant activity , for an Aboriginal or Torres Strait Islander child, means any of the following activities— facilitating the participation of the child, and the child’s family, in a decision-making process; attending, and participating in, a case planning meeting for the child; participating in the review and preparation of a revised case plan for the child; otherwise participating in a family group meeting for the child; attending a court ordered conference, under chapter 2 , part 5 , division 2 , related to the child. - (a) an independent Aboriginal or Torres Strait Islander entity, for an Aboriginal or Torres Strait Islander child, intends to carry out a relevant activity for the child; and - (b) either or both of the following apply— (i) if it is appropriate for the child to consent to the carrying out of the relevant activity by the entity—the child does not consent to the carrying out of the relevant activity by the entity; (ii) the child’s family does not consent to the carrying out of the relevant activity by the entity. - (i) if it is appropriate for the child to consent to the carrying out of the relevant activity by the entity—the child does not consent to the carrying out of the relevant activity by the entity; - (ii) the child’s family does not consent to the carrying out of the relevant activity by the entity. - (i) if it is appropriate for the child to consent to the carrying out of the relevant activity by the entity—the child does not consent to the carrying out of the relevant activity by the entity; - (ii) the child’s family does not consent to the carrying out of the relevant activity by the entity. - (a) facilitating the participation of the child, and the child’s family, in a decision-making process; - (b) attending, and participating in, a case planning meeting for the child; - (c) participating in the review and preparation of a revised case plan for the child; - (d) otherwise participating in a family group meeting for the child; - (e) attending a court ordered conference, under chapter 2 , part 5 , division 2 , related to the child.