Director of Child Protection Litigation Act 2016
sec.6Other general principles
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sec.6 Other general principles
This Act is to be administered having regard to the following principles— collaboration between the director and chief executive (child safety) best achieves fair, timely and consistent outcomes for the protection of children; in protecting a child, the director should only take the action that is warranted in the circumstances, including, for example, by applying for the least intrusive child protection order; the director should consider whether sufficient, relevant and appropriate evidence is available in deciding whether to make an application for a child protection order; each principle stated in the Child Protection Act 1999 , section 5B for ensuring the safety, wellbeing and best interests of a child, to the extent the principle is capable of being applied to a person performing a function or exercising a power under this Act, including, for example— a child has a right to be protected from harm or risk of harm; and a delay in making a decision in relation to a child should be avoided, unless appropriate for the child; each principle stated in the Child Protection Act 1999 , section 5BA for achieving permanency for a child, to the extent the principle is capable of being applied to a person performing a function or exercising a power under this Act; each additional principle applying in relation to an Aboriginal or Torres Strait Islander child stated in the Child Protection Act 1999 , section 5C . Also, each principle relevant to exercising powers and making decisions under the Child Protection Act 1999 , section 5D (1) applies to the extent the principle is capable of being applied to a person exercising a power or making a decision under this Act. In addition, the Child Protection Act 1999 , section 5E applies in relation to a person giving a child an opportunity to participate in the exercise of a power or the making of a decision under this Act. In this section— permanency , for a child, see the Child Protection Act 1999 , section 5BA (3) . s 6 amd 2017 No. 44 s 85 ; 2022 No. 7 s 132 sch 1 (sec.6-ssec.1) This Act is to be administered having regard to the following principles— collaboration between the director and chief executive (child safety) best achieves fair, timely and consistent outcomes for the protection of children; in protecting a child, the director should only take the action that is warranted in the circumstances, including, for example, by applying for the least intrusive child protection order; the director should consider whether sufficient, relevant and appropriate evidence is available in deciding whether to make an application for a child protection order; each principle stated in the Child Protection Act 1999 , section 5B for ensuring the safety, wellbeing and best interests of a child, to the extent the principle is capable of being applied to a person performing a function or exercising a power under this Act, including, for example— a child has a right to be protected from harm or risk of harm; and a delay in making a decision in relation to a child should be avoided, unless appropriate for the child; each principle stated in the Child Protection Act 1999 , section 5BA for achieving permanency for a child, to the extent the principle is capable of being applied to a person performing a function or exercising a power under this Act; each additional principle applying in relation to an Aboriginal or Torres Strait Islander child stated in the Child Protection Act 1999 , section 5C . (sec.6-ssec.2) Also, each principle relevant to exercising powers and making decisions under the Child Protection Act 1999 , section 5D (1) applies to the extent the principle is capable of being applied to a person exercising a power or making a decision under this Act. (sec.6-ssec.3) In addition, the Child Protection Act 1999 , section 5E applies in relation to a person giving a child an opportunity to participate in the exercise of a power or the making of a decision under this Act. (sec.6-ssec.4) In this section— permanency , for a child, see the Child Protection Act 1999 , section 5BA (3) .