Queensland Consolidated Acts

CHILD PROTECTION ACT 1999 - SECT 5C

5C Additional principles for Aboriginal or Torres Strait Islander children

(1) The following additional principles apply for administering this Act in relation to Aboriginal or Torres Strait Islander children—

(a) Aboriginal and Torres Strait Islander people have the right to self-determination;

(b) the long-term effect of a decision on the child’s identity and connection with the child’s family and community must be taken into account.

(2) The following principles (together the
"Aboriginal and Torres Strait Islander child placement principle" ) also apply in relation to Aboriginal or Torres Strait Islander children—

(a) the principle (the
"prevention principle" ) that a child has the right to be brought up within the child’s own family and community;

(b) the principle (the
"partnership principle" ) that Aboriginal or Torres Strait Islander persons have the right to participate in—

(i) significant decisions under this Act about Aboriginal or Torres Strait Islander children; and

(ii) decisions relating to the development and delivery of services, provided by the department, that—

(A) support Aboriginal or Torres Strait Islander families; or

(B) provide for the care or protection of Aboriginal or Torres Strait Islander children;

(c) the principle (the
"placement principle" ) that, if a child is to be placed in care, the child has a right to be placed with a member of the child’s family group;

Note—

See section 83 for provisions for placing Aboriginal and Torres Strait Islander children in care.

(d) the principle (the
"participation principle" ) that a child and the child’s parents and family members have a right to participate, and be enabled to participate, in an administrative or judicial process for making a significant decision about the child;

(e) the principle (the
"connection principle" ) that a child has a right to be supported to develop and maintain a connection with the child’s family, community, culture, traditions and language, particularly when the child is in the care of a person who is not an Aboriginal or Torres Strait Islander person.