Practitioner checklist - Best interests of the child
- Concerning
a child?
Does the action or decision complained of affect a child or children (eg denial of Parenting Payment)? - Whose actions?
a. If a child is affected, list the relevant actions and decisions and, for each, identify the decision-maker.b. Is the decision-maker covered by CROC (eg Centrelink, police, education department?)
- Best interests
considered?
a. If the decision-maker is covered by CROC, did it take the child's best interests into account?b. How were best interests defined? Were the child's views taken into account (if the child is capable of forming a view)? Were the parents' views taken into account?
c. Were the child's best interests made a primary consideration or the paramount consideration as relevant?
d. If you are unable to judge, consider how you might find out.
- Challenging
the decision
a. Raise your concerns with the decision-maker or on review or appeal (eg at the Social Security Appeals Tribunal or in a bail application).b. If the decision breaches the child's rights, explore possible remedies. If the decision-maker is subject to HREOC's jurisdiction (discretionary decisions of federal agencies such as Centrelink and DETYA), consider submitting a complaint (complaints infoline 1300 656 419).
- Specialist
advice
For assistance, contact a specialist youth advocacy or legal centre or your local legal aid office.
