8Guiding principles

8 Guiding principles

8 Guiding principles

The guiding principles to be applied in administering this Act and the regulations are—

(a) if a child is able to form views on a matter concerning the child’s safety, welfare and wellbeing—

(i) the child must be given an opportunity to express the views freely, and

(ii) the views are to be given due weight in accordance with the developmental capacity of the child and the circumstances, and

(b) in all actions taken and decisions made under this Act and the regulations that significantly affect a child, account must be taken of the culture, disability, language, religion, gender identity and sexuality of—

(i) the child, and

(ii) if relevant, the person with parental responsibility for the child, and

(c) in deciding what action is necessary to protect a child from harm, the course to be followed must be the least intrusive intervention in the life of the child and the child’s family that is also consistent with the paramount consideration, and

(d) in decision-making under this Act and the regulations and the investigation or monitoring of persons, the Children’s Guardian must observe the principles of natural justice and ensure procedural fairness, and

(e) in decision-making under this Act and the regulations in relation to an Aboriginal child or a Torres Strait Islander child—

(i) the Aboriginal and Torres Strait Islander Child and Young Person Placement Principles set out in the Children and Young Persons (Care and Protection) Act 1998, section 13, and

(ii) the embedding of connection to family and community with the ultimate goal of the child feeling safe and secure in their identity, culture and community, and

(e1) in decision-making under this Act, respect for cultural and social difference must be considered in the provision of child-related services, and

(e2) the need to consult with the Aboriginal and Torres Strait Islander community to consider and address the impact of policies, practices and procedures on Aboriginal and Torres Strait Islander children, the children’s families and communities and Aboriginal and Torres Strait Islander community-controlled organisations, and