❓ Hon. McSweeney asks about the research and documents informing the Department for Child Protection's understanding of 'best interests of the child'. Hon. Ellery responds by citing legislation, UN convention, and a consultation report.
AnsweredQoN 466Legislative Council
QuestionView source ↗
DEPARTMENT FOR CHILD PROTECTION - “BEST INTERESTS OF THE CHILD”
I refer to the phrase “in the best interests of the child”. (1) What research does the department use when it refers to the phrase “in the best interests of the child”? (2) What specific document or documents does the department use when it refers to the phrase “in the best interests of the child”? Hon SUE ELLERY
I refer to the phrase “in the best interests of the child”. (1) What research does the department use when it refers to the phrase “in the best interests of the child”? (2) What specific document or documents does the department use when it refers to the phrase “in the best interests of the child”? Hon SUE ELLERY
AnswerView source ↗
I thank the member for some notice of this question. (1)-(2) Research to inform the drafting instructions for the Children and Community Services Act 2004 included child protection legislation in other jurisdictions in Australia, the United Nations’ Convention on the Rights of the Child, and a consultation commissioned by the department and conducted by the CREATE Foundation called the “Participation of Children and Young People in Care in the Western Australian Legislation Review: March 2002”. This research and documentation resulted in a contemporary definition of “best interests” in the act, section 8 of which states - (1) In determining for the purposes of this Act what is in a child’s best interests the following matters must be taken into account - (a) the need to protect the child from harm; (b) the capacity of the child’s parents to protect the child from harm; (c) the capacity of the child’s parents, or of any other person, to provide for the child’s needs; (d) the nature of the child’s relationship with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (e) the attitude to the child, and to parental responsibility, demonstrated by the child’s parents; (f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances. (2) Subsection (1) does not limit the matters that may be taken into account in determining what is in the best interests of a child.
(1) What research does the department use when it refers to the phrase “in the best interests of the child”? (2) What specific document or documents does the department use when it refers to the phrase “in the best interests of the child”? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1)-(2) Research to inform the drafting instructions for the Children and Community Services Act 2004 included child protection legislation in other jurisdictions in Australia, the United Nations’ Convention on the Rights of the Child, and a consultation commissioned by the department and conducted by the CREATE Foundation called the “Participation of Children and Young People in Care in the Western Australian Legislation Review: March 2002”. This research and documentation resulted in a contemporary definition of “best interests” in the act, section 8 of which states - (1) In determining for the purposes of this Act what is in a child’s best interests the following matters must be taken into account - (a) the need to protect the child from harm; (b) the capacity of the child’s parents to protect the child from harm; (c) the capacity of the child’s parents, or of any other person, to provide for the child’s needs; (d) the nature of the child’s relationship with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (e) the attitude to the child, and to parental responsibility, demonstrated by the child’s parents; (f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances. (2) Subsection (1) does not limit the matters that may be taken into account in determining what is in the best interests of a child.
(2) What specific document or documents does the department use when it refers to the phrase “in the best interests of the child”? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1)-(2) Research to inform the drafting instructions for the Children and Community Services Act 2004 included child protection legislation in other jurisdictions in Australia, the United Nations’ Convention on the Rights of the Child, and a consultation commissioned by the department and conducted by the CREATE Foundation called the “Participation of Children and Young People in Care in the Western Australian Legislation Review: March 2002”. This research and documentation resulted in a contemporary definition of “best interests” in the act, section 8 of which states - (1) In determining for the purposes of this Act what is in a child’s best interests the following matters must be taken into account - (a) the need to protect the child from harm; (b) the capacity of the child’s parents to protect the child from harm; (c) the capacity of the child’s parents, or of any other person, to provide for the child’s needs; (d) the nature of the child’s relationship with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (e) the attitude to the child, and to parental responsibility, demonstrated by the child’s parents; (f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances. (2) Subsection (1) does not limit the matters that may be taken into account in determining what is in the best interests of a child.
Hon SUE ELLERY replied: I thank the member for some notice of this question. (1)-(2) Research to inform the drafting instructions for the Children and Community Services Act 2004 included child protection legislation in other jurisdictions in Australia, the United Nations’ Convention on the Rights of the Child, and a consultation commissioned by the department and conducted by the CREATE Foundation called the “Participation of Children and Young People in Care in the Western Australian Legislation Review: March 2002”. This research and documentation resulted in a contemporary definition of “best interests” in the act, section 8 of which states - (1) In determining for the purposes of this Act what is in a child’s best interests the following matters must be taken into account - (a) the need to protect the child from harm; (b) the capacity of the child’s parents to protect the child from harm; (c) the capacity of the child’s parents, or of any other person, to provide for the child’s needs; (d) the nature of the child’s relationship with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (e) the attitude to the child, and to parental responsibility, demonstrated by the child’s parents; (f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances. (2) Subsection (1) does not limit the matters that may be taken into account in determining what is in the best interests of a child.
I thank the member for some notice of this question. (1)-(2) Research to inform the drafting instructions for the Children and Community Services Act 2004 included child protection legislation in other jurisdictions in Australia, the United Nations’ Convention on the Rights of the Child, and a consultation commissioned by the department and conducted by the CREATE Foundation called the “Participation of Children and Young People in Care in the Western Australian Legislation Review: March 2002”. This research and documentation resulted in a contemporary definition of “best interests” in the act, section 8 of which states - (1) In determining for the purposes of this Act what is in a child’s best interests the following matters must be taken into account - (a) the need to protect the child from harm; (b) the capacity of the child’s parents to protect the child from harm; (c) the capacity of the child’s parents, or of any other person, to provide for the child’s needs; (d) the nature of the child’s relationship with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (e) the attitude to the child, and to parental responsibility, demonstrated by the child’s parents; (f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances. (2) Subsection (1) does not limit the matters that may be taken into account in determining what is in the best interests of a child.
(1)-(2) Research to inform the drafting instructions for the Children and Community Services Act 2004 included child protection legislation in other jurisdictions in Australia, the United Nations’ Convention on the Rights of the Child, and a consultation commissioned by the department and conducted by the CREATE Foundation called the “Participation of Children and Young People in Care in the Western Australian Legislation Review: March 2002”. This research and documentation resulted in a contemporary definition of “best interests” in the act, section 8 of which states - (1) In determining for the purposes of this Act what is in a child’s best interests the following matters must be taken into account - (a) the need to protect the child from harm; (b) the capacity of the child’s parents to protect the child from harm; (c) the capacity of the child’s parents, or of any other person, to provide for the child’s needs; (d) the nature of the child’s relationship with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (e) the attitude to the child, and to parental responsibility, demonstrated by the child’s parents; (f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances. (2) Subsection (1) does not limit the matters that may be taken into account in determining what is in the best interests of a child.
(b) the capacity of the child’s parents to protect the child from harm; (c) the capacity of the child’s parents, or of any other person, to provide for the child’s needs; (d) the nature of the child’s relationship with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (e) the attitude to the child, and to parental responsibility, demonstrated by the child’s parents; (f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances.
(c) the capacity of the child’s parents, or of any other person, to provide for the child’s needs; (d) the nature of the child’s relationship with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (e) the attitude to the child, and to parental responsibility, demonstrated by the child’s parents; (f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances.
(d) the nature of the child’s relationship with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (e) the attitude to the child, and to parental responsibility, demonstrated by the child’s parents; (f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances.
(e) the attitude to the child, and to parental responsibility, demonstrated by the child’s parents; (f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances.
(f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances.
(g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances.
(ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life;
(iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life;
(iv) any other person who is significant in the child’s life;
(i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances.
(j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances.
(k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances.
(l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances.
(m) the likely effect on the child of any change in the child’s circumstances.
(1) What research does the department use when it refers to the phrase “in the best interests of the child”? (2) What specific document or documents does the department use when it refers to the phrase “in the best interests of the child”? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1)-(2) Research to inform the drafting instructions for the Children and Community Services Act 2004 included child protection legislation in other jurisdictions in Australia, the United Nations’ Convention on the Rights of the Child, and a consultation commissioned by the department and conducted by the CREATE Foundation called the “Participation of Children and Young People in Care in the Western Australian Legislation Review: March 2002”. This research and documentation resulted in a contemporary definition of “best interests” in the act, section 8 of which states - (1) In determining for the purposes of this Act what is in a child’s best interests the following matters must be taken into account - (a) the need to protect the child from harm; (b) the capacity of the child’s parents to protect the child from harm; (c) the capacity of the child’s parents, or of any other person, to provide for the child’s needs; (d) the nature of the child’s relationship with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (e) the attitude to the child, and to parental responsibility, demonstrated by the child’s parents; (f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances. (2) Subsection (1) does not limit the matters that may be taken into account in determining what is in the best interests of a child.
(2) What specific document or documents does the department use when it refers to the phrase “in the best interests of the child”? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1)-(2) Research to inform the drafting instructions for the Children and Community Services Act 2004 included child protection legislation in other jurisdictions in Australia, the United Nations’ Convention on the Rights of the Child, and a consultation commissioned by the department and conducted by the CREATE Foundation called the “Participation of Children and Young People in Care in the Western Australian Legislation Review: March 2002”. This research and documentation resulted in a contemporary definition of “best interests” in the act, section 8 of which states - (1) In determining for the purposes of this Act what is in a child’s best interests the following matters must be taken into account - (a) the need to protect the child from harm; (b) the capacity of the child’s parents to protect the child from harm; (c) the capacity of the child’s parents, or of any other person, to provide for the child’s needs; (d) the nature of the child’s relationship with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (e) the attitude to the child, and to parental responsibility, demonstrated by the child’s parents; (f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances. (2) Subsection (1) does not limit the matters that may be taken into account in determining what is in the best interests of a child.
Hon SUE ELLERY replied: I thank the member for some notice of this question. (1)-(2) Research to inform the drafting instructions for the Children and Community Services Act 2004 included child protection legislation in other jurisdictions in Australia, the United Nations’ Convention on the Rights of the Child, and a consultation commissioned by the department and conducted by the CREATE Foundation called the “Participation of Children and Young People in Care in the Western Australian Legislation Review: March 2002”. This research and documentation resulted in a contemporary definition of “best interests” in the act, section 8 of which states - (1) In determining for the purposes of this Act what is in a child’s best interests the following matters must be taken into account - (a) the need to protect the child from harm; (b) the capacity of the child’s parents to protect the child from harm; (c) the capacity of the child’s parents, or of any other person, to provide for the child’s needs; (d) the nature of the child’s relationship with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (e) the attitude to the child, and to parental responsibility, demonstrated by the child’s parents; (f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances. (2) Subsection (1) does not limit the matters that may be taken into account in determining what is in the best interests of a child.
I thank the member for some notice of this question. (1)-(2) Research to inform the drafting instructions for the Children and Community Services Act 2004 included child protection legislation in other jurisdictions in Australia, the United Nations’ Convention on the Rights of the Child, and a consultation commissioned by the department and conducted by the CREATE Foundation called the “Participation of Children and Young People in Care in the Western Australian Legislation Review: March 2002”. This research and documentation resulted in a contemporary definition of “best interests” in the act, section 8 of which states - (1) In determining for the purposes of this Act what is in a child’s best interests the following matters must be taken into account - (a) the need to protect the child from harm; (b) the capacity of the child’s parents to protect the child from harm; (c) the capacity of the child’s parents, or of any other person, to provide for the child’s needs; (d) the nature of the child’s relationship with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (e) the attitude to the child, and to parental responsibility, demonstrated by the child’s parents; (f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances. (2) Subsection (1) does not limit the matters that may be taken into account in determining what is in the best interests of a child.
(1)-(2) Research to inform the drafting instructions for the Children and Community Services Act 2004 included child protection legislation in other jurisdictions in Australia, the United Nations’ Convention on the Rights of the Child, and a consultation commissioned by the department and conducted by the CREATE Foundation called the “Participation of Children and Young People in Care in the Western Australian Legislation Review: March 2002”. This research and documentation resulted in a contemporary definition of “best interests” in the act, section 8 of which states - (1) In determining for the purposes of this Act what is in a child’s best interests the following matters must be taken into account - (a) the need to protect the child from harm; (b) the capacity of the child’s parents to protect the child from harm; (c) the capacity of the child’s parents, or of any other person, to provide for the child’s needs; (d) the nature of the child’s relationship with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (e) the attitude to the child, and to parental responsibility, demonstrated by the child’s parents; (f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances. (2) Subsection (1) does not limit the matters that may be taken into account in determining what is in the best interests of a child.
(b) the capacity of the child’s parents to protect the child from harm; (c) the capacity of the child’s parents, or of any other person, to provide for the child’s needs; (d) the nature of the child’s relationship with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (e) the attitude to the child, and to parental responsibility, demonstrated by the child’s parents; (f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances.
(c) the capacity of the child’s parents, or of any other person, to provide for the child’s needs; (d) the nature of the child’s relationship with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (e) the attitude to the child, and to parental responsibility, demonstrated by the child’s parents; (f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances.
(d) the nature of the child’s relationship with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (e) the attitude to the child, and to parental responsibility, demonstrated by the child’s parents; (f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances.
(e) the attitude to the child, and to parental responsibility, demonstrated by the child’s parents; (f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances.
(f) any wishes or views expressed by the child, having regard to the child’s age and level of understanding in determining the weight to be given to those wishes or views; (g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances.
(g) the importance of continuity and stability in the child’s living arrangements and the likely effect on the child of disruption of those living arrangements, including separation from - (i) the child’s parents; (ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life; (h) the need for the child to maintain contact with the child’s parents, siblings and other relatives and with any other people who are significant in the child’s life; (i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances.
(ii) a sibling or other relative of the child; (iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life;
(iii) a carer or any other person (including a child) with whom the child is, or has recently been, living; or (iv) any other person who is significant in the child’s life;
(iv) any other person who is significant in the child’s life;
(i) the child’s age, maturity, sex, sexuality, background and language; (j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances.
(j) the child’s cultural, ethnic or religious identity (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal people or Torres Strait Islanders); (k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances.
(k) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs; (l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances.
(l) any other relevant characteristics of the child; (m) the likely effect on the child of any change in the child’s circumstances.
(m) the likely effect on the child of any change in the child’s circumstances.
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