Children and Young People Act 2008
10Aboriginal and Torres Strait Islander children and young
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10 Aboriginal and Torres Strait Islander children and young people—placement principles In making a decision under this Act in relation to an Aboriginal or Torres Strait Islander child or young person, the decision-maker must take into account the following principles (the Aboriginal and Torres Strait Islander children and young people placement principles) in addition to the matters in section 8 and section 9: (a) the principle (the prevention principle) that children and young people should be brought up within their own family, community and culture; (b) the principle (the partnership principle) that Aboriginal and Torres Strait Islander community representatives should be given opportunities to participate in— (i) the design and delivery of services for children and young people; and (ii) decisions under this Act about children and young people;
(c) the principle (the placement principle) that a child or young person who is to be placed with an out-of-home carer must be placed in accordance with the priorities for placement set out in section 513; (d) the principle (the participation principle) that a child or young person, their parents and other family members should be given opportunities to participate in decision-making processes about care arrangements for the child or young person, including placement and contact; (e) the principle (the connection principle) that children and young people should have their connections to family, community, culture and country supported and maintained. Note In making a decision under this Act in relation to an Aboriginal or Torres Strait Islander child or young person, the decision-maker must also consider the child’s or young person’s rights under the Human Rights Act 2004, s 27 (Cultural and other rights of Aboriginal and Torres Strait Islander peoples and minorities) (see that Act, s 40B).