Legislation and principles

The Child Protection Act 1999 promotes the safe care and connection of Aboriginal and Torres Strait Islander children and young people with family, community, culture and country.

The Child Protection Act 1999 includes principles that apply when administering the Act in relation to Aboriginal and Torres Strait Islander children and young people.

The Child Protection Act 1999 includes additional principles for administering the Act in relation to Aboriginal and Torres Strait Islander children including:

• Aboriginal and Torres Strait Islander people have the right to self-determination (s 5C(1)(a)).
• The long term effect of a decision on identity and connection with the child’s family and community must be taken into account (s 5C(1)(b)).
• The Aboriginal and Torres Strait Islander Child Placement Principle (prevention, partnership, placement, participation and connection) (s 5C(2)).

The Child Protection Act 1999, section 5F defines active efforts as 'purposeful, thorough and timely efforts' and requires:

• Active efforts to be made to apply the Aboriginal and Torres Strait Islander Child Placement Principle when making a significant decision in relation to an Aboriginal or Torres Strait Islander child; and
• In consultation with the child and the child's family (and with their consent), arrange for an independent person to facilitate the child and the child's family's participation in the decision making process.

The Child Protection Act 1999, section 51B requires:

• A case plan for an Aboriginal and Torres Strait Islander child to include details about how the child will be supported to develop and maintain connections with their family, community and culture.

The Child Protection Act 1999, section 83 requires:

• The chief executive, in consultation with the child and the child's family, to arrange for an independent person to facilitate the participation of the child and the child's family in the process for making a decision about where or with whom the child will live.

The Child Protection Act 1999, section 148BB enables for the chief executive to delegate some or all of the functions and powers under the Act in relation to an Aboriginal and Torres Strait Islander child to an appropriate Aboriginal and Torres Strait Islander entity.

The Child Protection Act 1999, Schedule 1 Charter of Rights for children in care, recognises children's cultural rights including the right:

• to develop, maintain and enjoy a connection to the child's culture of origin
• for an Aboriginal child - to develop, maintain and enjoy a connection to Aboriginal tradition
• for a Torres Strait Islander child - to develop, maintain and enjoy a connection to Torres Strait Island custom
• to devlop, maintain and enjoy the child's identity
• to choose and practice one or more languages; and
• to choose and practice one or more religions.