Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 13

    (1)     For the purposes of this Act the Aboriginal Child Placement Principle is that if it is in the best interests of an Aboriginal child to be placed in out of home care, in making that placement, regard must be had—

        (a)     to the advice of the relevant Aboriginal agency; and

        (b)     to the criteria in subsection (2); and

        (c)     to the principles in section 14.

    (2)     The criteria are—

        (a)     as a priority, wherever possible, the child must be placed within the Aboriginal extended family or relatives and where this is not possible other extended family or relatives;

        (b)     if, after consultation with the relevant Aboriginal agency, placement with extended family or relatives is not feasible or possible, the child may be placed with—

              (i)     an Aboriginal family from the local community and within close geographical proximity to the child's natural family;

              (ii)     an Aboriginal family from another Aboriginal community;

              (iii)     as a last resort, a non-Aboriginal family living in close proximity to the child's natural family;

        (c)     any non-Aboriginal placement must ensure the maintenance of the child's culture and identity through contact with the child's community.

S. 13(3) inserted by No. 48/2006 s. 4(3).

    (3)     The requirements under subsection (1)(a) to have regard to the advice of the relevant Aboriginal agency and under subsection (2)(b) to consult with the relevant Aboriginal agency do not apply to the making of a decision or the taking of an action under Part 3.5.

S. 13(4) inserted by No. 17/2023 s. 4A.

    (4)     For the avoidance of doubt, the Court or a bail justice (as the case may be) must have regard to the Aboriginal Child Placement Principle in making any decision or taking any action in respect of a child in need of protection under Chapter 4.

S. 14 (Heading) amended by No. 17/2023 s. 5(1).