Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 7E

Recognition principles

    (1)     The right of Aboriginal children, families and communities in Victoria to self‑determination must be recognised, respected and supported.

    (2)     When considering the views of Aboriginal children, decision-makers must uphold their cultural rights and sustain their connections to family, community, culture and Country.

    (3)     Understanding of, and respect and support for, Aboriginal culture, cultural diversity, customary lore, knowledge, perspectives and expertise is to be demonstrated in decision‑making.

    (4)     Strong connections with culture, family, Elders, communities and Country are to be recognised as the foundations needed for Aboriginal children to develop and thrive and to be protected from harm.

    (5)     Historic and ongoing biases and structural and everyday racisms create barriers to the best interests of the Aboriginal child and are to be recognised and overcome.

    (6)     The planning and provision of child and family services for Aboriginal children and Aboriginal families under this Act is to be based on commitment, accountability and responsibility to Aboriginal people in Victoria, with proper consideration to be given to the views of Aboriginal-led community services.

    (7)     An Aboriginal child's Aboriginal family, Elders and any Aboriginal-led community service that is responsible under this Act for the provision of services to the Aboriginal child each have a right to participate in the making of decisions under this Act that relate to the child, and must be given an opportunity to participate in the making of those decisions.

    (8)     Partnerships between the Secretary and Aboriginal-led community services in relation to the planning and provision of child and family services are to be equitable and support self-determination.

    (9)     Any transfer of decision-making to an Aboriginal-led community service under this Act is to be with the free, prior and informed consent of the Aboriginal-led community service.

    (10)     Funding provided under this Act to Aboriginal-led community services (separately or in partnership with other community services) to provide child and family services is to be transparent, equitable, flexible and sustainable and support self-determination.

    (11)     In this section—

S. 7E(11) def. of Aboriginal-led community service amended by Nos 17/2023 s. 42, 6/2024 s. 66.

"Aboriginal-led community service" means a community service provider that—

        (a)     is managed by Aboriginal persons; and

        (b)     provides services for the benefit of Aboriginal persons.

S. 7F inserted by No. 17/2023 s. 4.



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