Document ID: chunk:federal_register_of_legislation:F2013L01070:body:0:p2
Version: federal_register_of_legislation:F2013L01070
Segment Type: other
Provision Reference: 
Character Range: 2566–5510

following principles are particularly relevant to these Rules:
       (a) the role of families, carers and other significant persons in the lives of people with disability is to be acknowledged and respected;
       (b) where acts or things are done on behalf of a child with disability, the best interests of the child are paramount, and full consideration should be given to the need to:
           (i) protect them from harm; and
           (ii) promote their development; and
           (iii) strengthen, preserve and promote positive relationships between them and their parents, family members and other people who are significant in their life;
       (c) positive personal and social development of people with disability, including children and young people, is to be promoted;
       (d) where acts or things are done on behalf of a person with disability:
           (i) they should be involved in decision-making that affects them, including making decisions for themselves, to the extent possible; and
           (ii) they should be encouraged to engage in the life of the community; and
           (iii) the judgements and decisions they would have made for themselves should be taken into account; and
           (iv) their cultural and linguistic circumstances, and gender, should be taken into account; and
           (v) their supportive relationships, friendships and connections with others should be recognised.

       Part 2 Outline of these Rules
    2.1 A child's representative is usually a person with parental responsibility. Part 3 deals with determining whether a person other than a person with parental responsibility should be the child's representative.
    2.2 Part 4 deals with determining who has parental responsibility.
    2.3 In some cases, a child does not need a child's representative, and is able to make decisions for himself or herself for the purposes of the NDIS. Part 5 deals with determining whether a child does not need a child's representative.
    2.4 Part 6 deals with the duties of a child's representative.
    2.5 Part 7 deals with other matters, including interpretation of these Rules.

       Part 3 Who is the child's representative?
    3.1 A child's representative need not be an individual, and could, for example, be a State or Territory government agency.
    3.2 The child's representative will normally be the person who has, or the persons who jointly have, parental responsibility for the child. (See section 75 of the Act and Part 4 of these Rules for how to determine who has parental responsibility.)
    3.3 However, in exceptional circumstances, the CEO might be satisfied that this is not appropriate. (For example, in a particular case, there might be a substantial degree of doubt as to what persons have parental responsibility under section 75 of the Act, and in view of this doubt, the CEO might be satisfied that it is not appropriate for the persons referred