OBJECTS & PRINCIPLES

The very term 'parental responsibility' gives a flavour of the attempt that has been made throughout the Bill. Firstly it describes in plain English terms exactly what each facet of the law is designed to address. Second, it brings the Territory into line with developments in the law relating to families in Australia and overseas. Hence, as in the federal Family Law Act, parental responsibility is defined for the Territory to mean "all the duties, powers, responsibilities and authority which, by law, parents have in relation to children".

Of course it is impossible to define precisely what form a parent's responsibility will take as a child grows from infancy to adolescence. Instead the Bill at least recognises that there are certain aspects of the responsibility that relate to day-to-day issues and others that span years. Even the title of the Bill reflects the fact that this is a law which will be applicable in different ways at different times in relation to all those under 18, whether they think of themselves (or others think of them) as children or young people.

Whatever their age, the notion that the best interests of children and young people should be the paramount consideration for all decision-makers is another central theme in the Bill. In a sense it was the insertion of this principle into the Childrens Services Act in late 1996 that provided a catalyst for these reforms. The Bill has expanded greatly on the factors which help identify what is in the best interests of a child or young person. Obviously the age and maturity of the child or young person, and his or her protection and developmental needs, are critical in this regard. But the Bill also requires that matters such as the racial, ethnic, religious, individual, family and cultural identity of the child or young person and his or her parents and family members are also to be considered, as well as the importance of continuity of those things for the child or young person.

CHILD PROTECTION