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CHILD PROTECTION ACT 1999 - SECT 5F
Principles about Aboriginal and Torres Strait Islander children—chief executive, litigation director and authorised officers
5F Principles about Aboriginal and Torres Strait Islander children—chief
executive, litigation director and authorised officers
(1) This section applies to the following persons (each a
"relevant authority" )— (a) the chief executive;
(b) the litigation
director;
(c) an authorised officer.
(2) When making a significant decision
about an Aboriginal or Torres Strait Islander child, a relevant authority
must— (a) make active efforts to apply the Aboriginal and Torres Strait
Islander child placement principle in relation to the child; and
(b) in
consultation with the child and the child’s family, arrange for an
independent Aboriginal or Torres Strait Islander entity for the child to
facilitate the participation of the child and the child’s family in the
decision-making process.
(3) However, subsection (2) (b) does not apply if—
(a) complying with the subsection— (i) is not practicable because an
independent Aboriginal or Torres Strait Islander entity for the child is not
available or urgent action is required to protect the child; or
(ii) is
likely to have a significant adverse effect on the safety or psychological or
emotional wellbeing of the child or any other person; or
(iii) is otherwise
not in the child’s best interests; or
(b) section 5H applies in relation to
the involvement of an independent Aboriginal or Torres Strait Islander entity
for the child.
(4) Also, subsection (2) (b) does not apply if— (a) the
relevant authority is the litigation director; and
(b) the litigation
director is satisfied the chief executive or an authorised officer has already
complied with the requirement in relation to the significant decision.
(5) As
far as reasonably practicable, a relevant authority must, in performing a
function under this Act involving an Aboriginal or Torres Strait Islander
person (whether a child or not), perform the function— (a) in a way that
allows the full participation of the person and the person’s family group;
and
(b) in a place that is appropriate to Aboriginal tradition or
Island custom.
(6) In this section—
"active efforts" , to apply the Aboriginal and Torres Strait Islander child
placement principle, means purposeful, thorough and timely efforts to apply
the principle.
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