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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 76

Duty to children

             (1)  It is the duty of a person who may do a thing because of section 74 to ascertain the wishes of the child concerned and to act in the best interests of the child.

             (2)  A person does not breach the duty imposed by subsection (1) by doing a thing if, when the thing is done, the person reasonably believes that:

                     (a)  he or she has ascertained the wishes of the child in relation to the thing; and

                     (b)  the doing of the thing is in the best interests of the child.

             (3)  A person does not breach the duty imposed by subsection (1) by refraining from doing a thing if, at the relevant time, the person reasonably believes that:

                     (a)  he or she has ascertained the wishes of the child in relation to the thing; and

                     (b)  not doing the thing is in the best interests of the child.

             (4)  The National Disability Insurance Scheme rules may prescribe other duties of a person who may do a thing in relation to a child because of section 74, including duties requiring the person:

                     (a)  to support decision-making by the child personally; or

                     (b)  to have regard to, and give appropriate weight to, the views of the child.



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