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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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