Queensland Consolidated Acts

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CHILD PROTECTION ACT 1999 - SECT 5D

Principles about exercising powers and making decisions

5D Principles about exercising powers and making decisions

(1) The following principles are relevant to exercising a power or making a decision under this Act—
(a) a power under this Act should be exercised in a way that is open, fair and respectful of the rights of each person affected by the exercise of the power;
(b) to the extent that it is appropriate, the views of relevant persons should be sought and taken into account before a decision is made under this Act;
Note—
See also section 5E in relation to the exercise of a power, or the making of a decision, under this Act that affects, or may affect, a child.
(c) if a relevant person for a decision under this Act needs help to participate in or understand the decision-making process, or to understand a statutory right relevant to the decision, the relevant person should be given help;
(d) a relevant person for a decision under this Act may obtain their own legal advice, or be represented by a lawyer or supported by another person, in relation to the decision-making process;
(e) information about a child affected by a decision under this Act should be shared—
(i) only to the extent necessary for the purposes of this Act; and
(ii) in a way that protects the child’s privacy.
(2) This section does not apply to a court or the tribunal.
(3) In this section—

"relevant person" , for a decision, means each of the following persons—
(a) the child to whom the decision relates;
(b) a person who is a parent or sibling of the child and is affected by the decision;
(c) any long-term guardian of the child.



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