Div 4Voices of children and young people to be heard

Division 4—Voices of children and young people to be heard 14—Voices of children and young people to be heard (1) Subject to this Act, each person or body involved in the operation and administration of this Act must take reasonable steps to ensure that— (a) the voice of a child or young person is heard in the course of making a prescribed decision that affects the child or young person; and (b) the child or young person is provided with such information or documents (being information or documents in the possession of the person or body) as may be reasonably necessary to inform the child or young person's views in relation to the prescribed decision. (2) Without otherwise limiting subsection (1), a person or body referred to in that subsection must— (a) offer the child or young person a reasonable opportunity to present their views in person to the decision maker; and (b) if the child or young person wishes to present their views in person, take reasonable steps to facilitate that prior to the prescribed decision being made. (3) The requirements set out in subsection (1) do not apply to the Court or SACAT. See sections 111 and 204 for provisions about voices of children and young people being heard in Court and SACAT proceedings. (4) Without limiting the ways in which the voice of a child or young person may be heard, a child or young person's views may be presented— (a) in the absence of any particular person; or (b) with the accompaniment of a support person nominated by the child or young person; or (c) in person, in writing or by audio or audiovisual recording. (5) However, a person or body need not comply with this section if the person or body determines that the developmental capacity of the child or young person is such that compliance with this section would be inappropriate. (6) This section applies whether or not the child or young person is represented by a legal practitioner. (7) Nothing in this section requires a child or young person to participate in a particular decision if they express a desire to not do so. prescribed decision that affects a child or young person, means— (a) a decision relating to, or made at, a family group conference relating to the arrangements for the care of the child or young person; or (b) a decision relating to the preparation or review of a case plan for the child or young person under section 133; or (c) a decision relating to the placement of the child or young person with an approved carer or other person under Part 12 Division 1; or (d) a decision relating to the contact arrangements for the child or young person under Part 12 Division 3; or (e) a decision relating to a review of the child or young person's circumstances under section 146; or (f) a decision relating to the preparation of a leaving care plan for the child or young person under section 173; or (g) a decision relating to an internal review under section 202; or (h) any other decision, or a decision of a class, prescribed by the regulations.