Part 3Principles to be applied in operation of this Act

Part 3—Principles to be applied in operation of this Act 10—Principles of intervention (1) The principles of intervention are as follows: (a) decisions and actions (if any) under this Act should be taken in a timely manner (and, in particular, should be made as early as possible in the case of young children in order to promote permanence and stability); (b) if a child or young person is able to form their own views on a matter concerning their care, the child or young person should be given an opportunity to express those views freely and those views are to be given due weight in the operation of this Act in accordance with the developmental capacity of the child or young person and the circumstances; (c) account should be taken of the culture, disability, language and religion of children or young people and, if relevant, those in whose care children and young people are placed; (d) in each case, consideration should be given to making arrangements for the care of a child or young person by way of a family group conference if possible and appropriate. (2) Each person or body engaged in the administration, operation or enforcement of this Act must exercise their powers and perform their functions so as to give effect to the principles of intervention. (3) However, this section and the principles of intervention do not displace, and cannot be used to justify the displacement of, section 7. (4) To avoid doubt, the requirement under this section applies to the Court. 11—Placement principles (1) The placement principles are as follows: (a) all children and young people who have been removed from the care of a person under this Act should be placed in a safe, nurturing, stable and secure environment; (b) the preferred option in relation to such placement of a child or young person is to place the child or young person with a person with whom they have an existing relationship; (c) approved carers are entitled to be, and should be, involved in decision-making relating to children and young people in their care. (2) Each person or body engaged in the administration, operation or enforcement of this Act must exercise their powers and perform their functions so as to give effect to the placement principles. (3) However, this section and the placement principles do not displace, and cannot be used to justify the displacement of, section 7. (4) To avoid doubt, the requirement under this section applies to the Court. 12—Aboriginal and Torres Strait Islander Child Placement Principle (1) Subject to the placement principles, the objects and principles set out in this section apply to the placement of Aboriginal and Torres Strait Islander children and young people under this Act. (2) The objects of this section include— (a) maintaining the connection of Aboriginal and Torres Strait Islander children and young people with their family and culture; and (b) enabling Aboriginal and Torres Strait Islander people to participate in the care and protection of their children and young people; and (c) achieving the objects set out in the preceding paragraphs (as well as reducing the incidence of the removal of Aboriginal and Torres Strait Islander children and young people) by encouraging Aboriginal and Torres Strait Islander people, their children and young people and State authorities to act in partnership when making decisions about the placement of Aboriginal and Torres Strait Islander children and young people under this Act. (3) The Aboriginal and Torres Strait Islander Child Placement Principle is as follows: (a) if an Aboriginal or Torres Strait Islander child or young person is to be placed in care under this Act, the child or young person should, if reasonably practicable, be placed with 1 of the following persons (in order of priority): (i) a member of the child or young person's family; (ii) a member of the child or young person's community who has a relationship of responsibility for the child or young person; (iii) a member of the child or young person's community; (iv) a person of Aboriginal or Torres Strait Islander cultural background (as the case requires), (determined in accordance with Aboriginal or Torres Strait Islander traditional practice or custom); (b) if an Aboriginal or Torres Strait Islander child or young person is unable to be placed with a person referred to in paragraph (a), or it is not in the best interests of the child or young person to do so, the child or young person should be given the opportunity for continuing contact with their family, community or communities and culture (determined in accordance with Aboriginal or Torres Strait Islander traditional practice or custom); (c) before placing an Aboriginal or Torres Strait Islander child or young person under this Act, the Chief Executive or the Court (as the case requires) must, where reasonably practicable, consult with, and have regard to any submissions of, a recognised Aboriginal or Torres Strait Islander organisation. (4) This section and the Aboriginal and Torres Strait Islander Child Placement Principle do not displace, and cannot be used to justify the displacement of, section 7. (5) The Minister may, by notice in the Gazette, after consulting with the relevant community or a section of the relevant community, vary or revoke a declaration relating to a recognised Aboriginal or Torres Strait Islander organisation. (6) The regulations may make further provision in relation to the placement of Aboriginal children and Torres Strait Islander children under this Act. (7) To avoid doubt, the requirements under this section apply to the Court. recognised Aboriginal or Torres Strait Islander organisation means— (a) in relation to the placement of an Aboriginal child or young person—an organisation that the Minister, after consulting with the Aboriginal community or a section of the Aboriginal community, declares by notice in the Gazette to be a recognised Aboriginal organisation for the purposes of this section; or (b) in relation to the placement of a Torres Strait Islander child or young person—an organisation that the Minister, after consulting with the Torres Strait Islander community or a section of the Torres Strait Islander community, declares by notice in the Gazette to be a recognised Torres Strait Islander organisation for the purposes of this section.