8. Duties of child representatives
Where a child has a representative, the child's representative has duties to the child that guide how the representative is to make decisions and undertake actions for the child. These duties indicate how a child's representative is expected to perform their role.
A child's representative has a duty under the NDIS Act to:
- ascertain the wishes of the child; and
- act in the best interests of the child (section 76(1)).
This duty is not breached if the child's representative does something, or refrains from doing something, so long as:
- the child's representative reasonably believes they have ascertained the wishes of the child (sections 76(2)(a) and 76(3)(a)); and
- the child's representative reasonably believes that the doing of the thing, or not doing of the thing is in the best interests of the child (section 76(2)(b) and 76(3)(b)).
A child's representative has a duty to consult wherever practicable with the following people:
- the guardian of the child (if one has been appointed) and any other person with parental responsibility (rule 6.4(a) of the Children Rules); and
- any other person who assists the child to manage their day-to-day activities and make decisions (rule 6.4(b) of the Children Rules).