Duty to children
76 Duty to children
It is the duty of a person who may do a thing because of section 74 to ascertain the wishes of the child concerned and to act in the best interests of the child.
A person does not breach the duty imposed by subsection (1) by doing a thing if, when the thing is done, the person reasonably believes that:
he or she has ascertained the wishes of the child in relation to the thing; and
the doing of the thing is in the best interests of the child.
A person does not breach the duty imposed by subsection (1) by refraining from doing a thing if, at the relevant time, the person reasonably believes that:
he or she has ascertained the wishes of the child in relation to the thing; and
not doing the thing is in the best interests of the child.
The National Disability Insurance Scheme rules may prescribe other duties of a person who may do a thing in relation to a child because of section 74, including duties requiring the person:
to support decision‑making by the child personally; or
to have regard to, and give appropriate weight to, the views of the child.
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