Children and Young People Act 2008

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:

the child’s or young person’s sense of racial, ethnic, religious, individual or cultural identity should be preserved and enhanced;

the child’s or young person’s education, training or lawful employment should be encouraged and continued without unnecessary interruption;

the child’s or young person’s age, maturity, developmental capacity, sex, background and other relevant characteristics should be considered;

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.

In addition to these general principles, the following principles also apply:

for the care and protection chapters—care and protection principles (see s 350);

for ch 20—childcare services principles (see s 730).

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.