Western Australian Consolidated Acts

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 12

12 .         Aboriginal and Torres Strait Islander child placement principle

        (1)         The objective of the principle in subsection (2) is to maintain a connection with family and culture for Aboriginal children and Torres Strait Islander children who are the subject of placement arrangements.

        (2)         In making a decision under this Act about the placement under a placement arrangement of an Aboriginal child or a Torres Strait Islander child, a principle to be observed is that any placement of the child must, so far as is consistent with the child’s best interests and is otherwise practicable, be in accordance with the following order of priority —

            (a)         placement with a member of the child’s family;

            (b)         placement with a person who is an Aboriginal person or a Torres Strait Islander in the child’s community in accordance with local customary practice;

            (c)         placement with a person who is an Aboriginal person or a Torres Strait Islander;

            (d)         placement with a person who is not an Aboriginal person or a Torres Strait Islander but who, in the opinion of the CEO, is sensitive to the needs of the child and capable of promoting the child’s ongoing affiliation with the child’s culture, and where possible, the child’s family.

        [Section 12 amended by No. 49 of 2010 s. 40.]