Document ID: chunk:federal_register_of_legislation:C2025C00129:section:76
Version: federal_register_of_legislation:C2025C00129
Segment Type: section
Provision Reference: s 76
Character Range: 289697–290830

76  Duty to children
 (1) 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.
 (2) 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:
 (a) he or she has ascertained the wishes of the child in relation to the thing; and
 (b) the doing of the thing is in the best interests of the child.
 (3) 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:
 (a) he or she has ascertained the wishes of the child in relation to the thing; and
 (b) not doing the thing is in the best interests of the child.
 (4) 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:
 (a) to support decision‑making by the child personally; or
 (b) to have regard to, and give appropriate weight to, the views of the child.