8Principles to be observed

### 8 Principles to be observed > [*\[Section 8 Substituted by No. 68 of 2000, s. 61, Applied:04 Apr 2001\]*](/view/html/inforce/2001-04-04/act-2000-068#GS61@Hpa@EN) [*\[Section 8 Repealed by No. 18 of 2021, s. 119, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS119@EN) > > > (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)](#GS8@Gs1@EN) , 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: > > > > > > > > > > (i) to protect the child from harm; > > > > > > > > > > > (ii) to promote the child’s development; > > > > > > > > > > > (iii) to strengthen, preserve and promote positive relationships between the child and the child’s parents, family members and other people who are significant in the life of the child. > > > (3)  Persons providing assistance on an informal basis to a person with impaired decision-making ability in respect of a decision are encouraged to apply and promote the principles in this section in providing that assistance.