8Principles to be observed

8 Principles to be observed

[Section 8 Substituted by No. 68 of 2000, s. 61, Applied:04 Apr 2001] [Section 8 Repealed by No. 18 of 2021, s. 119, Applied:05 Nov 2021]

(1)  A person performing a function under this Act is to observe the following principles:

(a) a person’s decision-making ability is to be respected and promoted;

(b) a person who requires support in decision making is to be provided with access to the support necessary to enable the person, as far as is practicable in the circumstances –

(i) to make and participate in decisions affecting the person; and

(ii) to express the person’s will and preferences; and

(iii) to develop the person’s decision-making ability;

(c) the views, wishes and preferences of a person with impaired decision-making ability in respect of decisions are to be respected and used to inform those decisions;

(d) the role of close family members, carers and other significant persons in the life of a person with impaired decision-making ability in respect of decisions is to be recognised;

(e) the importance of preserving the cultural and linguistic environment of the person is to be recognised;

(f) the personal and social well-being of a person with impaired decision-making ability in respect of decisions is to be promoted;

(g) the means which is the least restrictive of a person’s freedom of decision and action as possible in the circumstances is to be adopted.

(2)  In addition to the principles set out in subsection (1) , if a function is to be performed under this Act by a person in relation to a child, that function is to be performed so that –

(a) as far as is practicable the best interests of the child are paramount; and

(b) full consideration is given to the following needs: