Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) In making a decision or taking action under this Act in relation to a child or young person, the general principles to be applied by a person are as follows:
(a) the best interests of the child or young person should be the paramount consideration (the best interests principle );
(b) the primary responsibility for providing care and protection for the child or young person should lie with his or her parents and other family members;
(c) high priority should be given to supporting family members, in cooperation with them, to care for and protect the child or young person, including when the child or young person is subject to an order under this Act or a voluntary care agreement;
(d) if the child or young person is in need of care and protection and family members are unwilling or unable to provide the child or young person with adequate care and protection (whether temporarily or permanently)—it is the responsibility of government to share or take over their responsibility;
(e) if intervention by government in the life of the child or young person (and his or her family) is appropriate—the intervention should be the least intrusive consistent with the best interests of the child or young person;
(f) if removal of the child or young person from his or her existing situation is necessary or desirable in his or her best interests—consideration should be given, before any other placement option is considered, to the child or young person living or being placed with a family member or a person regarded by the child or young person as a family member;
(g) if the child or young person does not live with his or her family because of the operation of this Act—contact with people who are significant in his or her life should be encouraged;
(h) the education, training or lawful employment of the child or young person should be encouraged and continued without unnecessary interruption;
(i) the child's or young person's sense of racial, ethnic, religious, individual or cultural identity should be preserved and enhanced and the decision or action should be consistent with his or her racial or ethnic traditions and religious, cultural and individual values.
(2) In making a decision under this Act about a child or young person, the following general principles are also to be applied:
(a) the child or young person, and anyone else involved in making decisions about the child or young person, should be given sufficient information about the decision-making process, in language and a way that they can understand, to allow them to take part fully in the process;
(b) if the child or young person can form and express views about his or her wellbeing—those views should be sought and considered, taking into account his or her age and maturity;
(c) anyone else involved in making decisions about the child or young person should be given the opportunity to give his or her views about the wellbeing of the child or young person and those views should be considered;
(d) the decision-maker should make a decision promptly—
(i) having regard to the degree of urgency of the particular case and the child's or young person's developmental needs; and
(ii) having regard to the principle that a delay in the decision-making process is likely to prejudice the wellbeing of the child or young person;
(e) the decision-maker should also have regard to the principle that it is important for a child or young person to have settled and permanent living arrangements.
(3) In addition, if the decision-maker is a court considering whether to make an order under this Act in relation to the child or young person, the court should apply the general principle that an order under this Act should be made by a court in relation to a child or young person only if the court considers that making the order would be better for the child or young person than making no order at all.