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8 | The Protection Project and ICMEC
100 Best Practices in Child Protection
3. Considering the Best Interests of the Child
Australia
Australia/Capital Territory, Children and Young People Act, Act 2008-19, as amended by Act
2009-28, section 9:
(1) In making a decision under this Act in relation to a child or young person, a decision-maker
must have regard to the following principles where relevant, except when it is, or would be,
contrary to the best interests of a child or young person:
(a) the child’s or young person’s sense of racial, ethnic, religious, individual or cultural
identity should be preserved and enhanced;
(b) the child’s or young person’s education, training or lawful employment should be
encouraged and continued without unnecessary interruption;
(c) the child’s or young person’s age, maturity, developmental capacity, sex, background and
other relevant characteristics should be considered;
(d) delay in decision-making processes under the Act should be avoided because delay is
likely to prejudice the child’s or young person’s wellbeing.
(2) A decision-maker exercising a function under this Act must, where practicable and
appropriate, have qualifications, experience or skills suitable to apply the principles in
subsection (1) in making decisions under the Act in relation to children and young people.
Australia/Victoria, Children, Youth and Families Act, No. 96 of 2005, as amended in 2009,
section 10:
In addition … in determining what decision to make or action to take in the best interests of
the child, consideration must be given to the following, where they are relevant to the decision
or action –
(a) the need to give the widest possible protection and assistance to the parent and child
as the fundamental group unit of society and to ensure that intervention into that
relationship is limited to that necessary to secure the safety and wellbeing of the child;
(b) the need to strengthen, preserve and promote positive relationships between the child
and the child’s parent, family members and persons significant to the child; …
(d) the child’s views and wishes, if they can be reasonably ascertained, and they should be
given such weight as is appropriate in the circumstances; …
(f) the desirability of continuity and stability in the child’s care; …
(l) the child’s social, individual and cultural identity and religious faith (if any) and the
child’s age, maturity, sex and sexual identity; …
(n) the desirability of the child being supported to gain access to appropriate educational
services, health services and accommodation and to participate in appropriate social
opportunities; …