Document ID: chunk:federal_register_of_legislation:F2013L01070:body:0:p6
Version: federal_register_of_legislation:F2013L01070
Segment Type: other
Provision Reference: 
Character Range: 13021–15861

person to work with children.

       Part 5 When a child does not need a child's representative
    5.1 Under the Act, a child will sometimes be able to do things for himself or herself. For this to be the case, the CEO must:
       (a) be satisfied that the child is capable of making their own decisions; and
       (b) be satisfied that it is appropriate in the circumstances for certain provisions of the Act not to apply to the child (essentially, the CEO must be satisfied that it is appropriate for the child to do things for himself or herself); and
       (c) make a determination about these matters.
                     Paragraph 5.1 summarises subsection 74(5) of the Act.
    5.2 When making a decision in relation to the matter referred to in paragraph 5.1(a) above, the CEO is to:
       (a) consult with the child and the child's representative; and
       (b) have regard to the following:
           (i) whether the child:
              (A) is able to understand the kind of information relevant to decisions that need to be made under the NDIS; and
              (B) is able to use information of that kind when making decisions; and
              (C) is able to understand the consequences of decisions that need to be made under the NDIS; and
              (D) is able to communicate decisions in some way;
           (ii) whether there are people in the child's life who can support them to make their own decisions.
    5.3 When making a decision in relation to the matter referred to in paragraph 5.1(b) above, the CEO is to:
       (a) consult with the child and the child's representative; and
       (b) have regard to the following:
           (i) the preferences (if any) of the child;
           (ii) whether there are other people in the child's life who would be willing and able to assist them in carrying out actions and making decisions under the NDIS;
           (iii) the need to preserve existing family relationships;
           (iv) any existing arrangements in place under Commonwealth, State and Territory schemes.

       Part 6 Duties of child's representatives
    6.1 The Act provides guidance as to how a child's representative is to act under the NDIS.
    6.2 One duty of a child's representative is to:
       (a) ascertain the wishes of the child; and
       (b) act in a manner that promotes the best interests of that child.
    6.3 This duty is not breached if the child's representative does a thing, or refrains from doing a thing, so long as:
       (a) the child's representative reasonably believes that they have ascertained the wishes of the child in relation to the thing; and
       (b) the child's representative reasonably believes that doing the thing, or refraining from doing the thing, promotes the best interests of the child.
                     The duty set out in