Last updated 2 August 2016
The Child Protection Act 1999 (Qld) (Child Protection Act) provides when exercising a power, it should be done in a way that is open, fair and respectful of the rights of each person affected by the exercise of the power (s 5D(1)(a) Child Protection Act).
When making a decision under the Child Protection Act:
- to the extent that it is appropriate, the views of the persons involved, including the child, should be sought and taken into account before the decision is made (s 5D(1)(b))
- if required, help should be given to persons to participate in or understand the decision-making process or to understand a statutory right relevant to the decision, and are able to obtain legal advice or be represented by a lawyer or supported by another person (s 5D(1)(c), 5D(1)(d))
- information about a child affected by a decision should only be shared to the extent that it is necessary and in a way that protects the child’s privacy (s 5D(1)(e)).
Obtaining a child’s views
When giving a child an opportunity to express their views, language appropriate to the age, maturity and capacity of the child should be used. If required, the child should be given any help, including an appropriate explanation of the decision affecting them, in order to respond to the decision. However, a child is not required to express a view (s 5E Child Protection Act).