Div 3Guiding principles

Division 3—Guiding principles 10—Safety principle It is a principle of this Act (the safety principle) that children and young people are to be kept safe and protected from harm (and, despite any other provision of this Act, the safety of the child or young person must always be the priority in determining whether or not to remove a child or young person under section 87(1)). 11—Best interests principle (1) It is a principle of this Act (the best interests principle) that the best interests of each child and young person are to be upheld and effected in all decision making under this Act (and a reference in this Act to a particular decision being in the best interests of a child or young person will be taken to be a reference to the decision being made in accordance with the best interests principle). (2) In determining whether a decision or action is in the best interests of a child or young person, the need to keep them safe from harm and the risk of harm, to protect their rights and to promote their development (taking into account their age and stage of development) must always be considered. (3) In addition to subsections (1) and (2), in determining what decision to make or action to take in the best interests of a child or young person, consideration must be given to the following, where they are relevant to the decision or action: (a) the need to support the child or young person's family to ensure the child or young person's safety and wellbeing within their family and community; (b) the desirability of the child or young person's family having primary responsibility for the child or young person's upbringing, protection and development; (c) the emotional, social and psychological needs of the child or young person, including— (i) the need to be heard and have their views considered; and (ii) the need for love and attachment; and (iii) the need for the child or young person to be given the opportunity to achieve their full potential; (d) the need to strengthen, preserve and promote positive relationships between the child or young person and their parents, family members and other persons significant to them; (e) if the child or young person is able to form their own views on a matter concerning their care—the need to support them to express those views freely in accordance with the developmental capacity of the child or young person and the circumstances, and for those views to be given due weight; (f) the effects of cumulative harm on the child or young person's safety and development; (g) the desirability of continuity and permanency in the child or young person's care; (h) the desirability of making decisions as expeditiously as possible and the possible harmful effect of delay in making a decision or taking an action; (i) a child or young person is only to be removed from the care of their parents in accordance with section 87 or an order of the Court; (j) if the child or young person is removed from the care of a person—the need to place the child or young person in a safe, nurturing, stable and secure environment; (k) the desirability, when a child or young person is removed from the care of their parent, to assess the reunification of the child or young person with their parent; (l) contact arrangements between the child or young person and their parents, siblings, family members and other persons significant to them; (m) in respect of case planning for the child or young person— (i) the desirability of placing, so far as may be appropriate, the child or young person with the following persons in the following order: (A) a person who is a member of the child or young person's family (including the child or young person's siblings); (B) a person with whom the child or young person has an existing relationship; (C) a person who is willing and able to encourage and support the child or young person to develop and maintain contact with the child or young person's parents, siblings and other family members, and with other people who are significant to the child or young person (subject to any decisions made under this Act in relation to such contact); and (ii) the desirability of siblings being placed together when they are placed in care; and (iii) the desirability of connection between the child or young person and their family being maintained; (n) if the child or young person has been removed from their parents or family—the need to ensure that they have the ability to know, explore and maintain their identity and values, including those relating to their culture, language or religion; (o) if the child or young person has a disability—the need to ensure that the child or young person is treated in a way that preserves their identity and respects their developing capacity; (p) if a child or young person with a particular cultural identity is placed in care with a person who is not a member of that cultural community—the desirability of the child or young person retaining a connection with their culture; (q) the desirability of using family group conferences to make informed decisions as to the arrangements for the care of the child or young person; (r) the desirability of a child or young person being supported to gain access to appropriate educational services, health services and accommodation and to participate in appropriate social opportunities; (s) the desirability of allowing the education, training or employment of the child or young person to continue without interruption or disturbance; (t) any other relevant consideration. (4) In considering what is in the best interests of a particular Aboriginal or Torres Strait Islander child or young person, regard should also be given to the matters set out in section 52. 12—Principle of active efforts and standard of active efforts (1) Each person or body involved in the operation and administration of this Act must act in accordance with the principle of active efforts in performing functions under this Act. (2) For the purposes of this Act, the principle set out in this section constitutes the principle of active efforts (and a reference to a person or body making active efforts will be taken to be a reference to the person or body acting in accordance with that principle). (3) Under the principle of active efforts, active efforts must— (a) be timely; and (b) be practicable, thorough and purposeful; and (c) address the grounds on which a child or young person is considered to be at risk of harm; and (d) conducted, to the greatest extent possible, in partnership with the child or young person and the family, kin and community of the child or young person; and (e) be culturally appropriate; and (f) comply with any other requirements prescribed by the regulations. (4) Without limiting a preceding subsection, active efforts include— (a) assisting with access to support services and other resources; and (b) if appropriate services or resources do not exist or are not available—considering alternative ways of addressing the relevant needs of the child or young person and their family, kin or community; and (c) activities directed at finding and contacting the family, kin and community of the child or young person. (5) The requirements under this section do not limit any other ways in which active efforts can be made when making a decision under this Act. (6) For the purposes of this Act, a reference to something being done to the standard of active efforts will be taken to be a reference to it being done in a way that accords with the principle of active efforts. 13—Principle of effective intervention It is a principle of this Act (the principle of effective intervention) that decisions made, actions taken and support offered under this Act relating to a particular child or young person should be timely, direct and fit for purpose given the circumstances of the child or young person.