New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 12A

12A Aboriginal and Torres Strait Islander Children and Young Persons Principle

(1) This section sets out the
"Aboriginal and Torres Strait Islander Children and Young Persons Principle" , which applies to the administration of this Act in relation to Aboriginal and Torres Strait Islander children and young persons.

(2) The Aboriginal and Torres Strait Islander Children and Young Persons Principle consists of the following 5 elements--

(a)
"prevention" --recognising that a child or young person has a right to be brought up within the child's or young person's own family, community and culture,

(b)
"partnership" --recognising that Aboriginal and Torres Strait Islander community representatives should participate in the design and delivery of services for children and young persons and in individual decisions about children and young persons,

(c)
"placement" --recognising that, if a child is to be placed in out-of-home care, the child's placement is to be in accordance with the placement principles for Aboriginal and Torres Strait Islander children and young persons in section 13,

(d)
"participation" --recognising that a child or young person, and the child's or young person's parents and family members, should participate in decisions about the care and protection of the child or young person,

(e)
"connection" --recognising that a child or young person has a right to be supported to maintain connections to family, community, culture and country.

(3) In making a decision under this Act in relation to a matter involving an Aboriginal or Torres Strait Islander child or young person, a decision maker must apply each of the elements of the Aboriginal and Torres Strait Islander Children and Young Persons Principle that are relevant to the decision being made.