Section 76 — National Disability Insurance Scheme Act 2013: 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.