Document ID: chunk:federal_register_of_legislation:F2013L01070:body:0:p7
Version: federal_register_of_legislation:F2013L01070
Segment Type: other
Provision Reference: 
Character Range: 15597–18446

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 paragraph 6.2 and the qualification set out in paragraph 6.3 summarise subsections 76(1) to (3) of the Act.
    6.4 A child's representative also has a duty to consult, wherever practicable, with the following in relation to doing things under, or for the purposes of, the Act:
       (a) the guardian of the child (if any) and any other person who satisfies parental condition 1 or parental condition 2 (see paragraph 4.2) in relation to the child;
       (b) any other person who assists the child to manage their day-to-day activities and make decisions.

       Part 7 Other matters

Citation
    7.1 These Rules may be cited as the National Disability Insurance Scheme (Children) Rules 2013.

Interpretation
    7.2 These Rules include text that summarises provisions of the Act. The boxed notes identify such text, which does not form an operative part of these Rules.
    7.3 Terms and expressions that are used in the Act have the same meaning in these Rules unless these Rules display a contrary intention—see the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, which include definitions and rules of interpretation that apply to all Commonwealth legislation. For convenience, the more important definitions from the Act are identified or reproduced in paragraph 7.4.
    7.4 In these Rules:
    Act means the National Disability Insurance Scheme Act 2013.
    CEO—see section 9 of the Act.
    child—see section 9 of the Act.
    child's representative means a person referred to in subsection 74(1) of the Act.
    Convention on the Rights of the Child means the treaty known as the Convention on the Rights of the Child done at New York on 20 November 1989. The text of the Convention is set out in the Australian Treaty Series 1991 No. 4.
    guardian means a guardian appointed under a law of the Commonwealth, a State or a Territory, and guardianship has a corresponding meaning.
    NDIS means the National Disability Insurance Scheme (see section 9 of the Act).
    parental responsibility—see section 9 of the Act.
    parental condition 1—see paragraph 4.2 of these Rules.
    parental condition 2—see paragraph 4.2 of these Rules.

Appointment of child's representative does not affect other duties or functions of carers
    7.5 In some cases, carers will have been appointed by an appropriate State or Territory body. Some such carers will have been delegated powers, functions or duties, and will have corresponding obligations under the State or Territory law. Nothing in these Rules is intended to impact on obligations of that nature.