(1)  The following are the general principles that are to guide actions under this Act:

(a) people with disability have the same right as other members of Australian society to realise their potential for physical, social, emotional and intellectual development;

(b) people with disability should be supported to participate in, and contribute to, social and economic life to the extent of their ability;

(c) people with disability and their families and carers should have certainty that people with disability will receive the care and support they need over their lifetime;

(d) people with disability should be supported to exercise choice, including in relation to taking reasonable risks, in the pursuit of their goals and the planning and delivery of their supports;

(e) people with disability should be supported to receive reasonable and necessary supports (including early intervention supports) within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth;

(f) people with disability have the same right as other members of Australian society to be respected for their worth and dignity and to live free from abuse, neglect and exploitation;

(g) people with disability have the same right as other members of Australian society to pursue any grievance;

(h) people with disability have the same right as other members of Australian society to be able to determine their own best interests, including the right to exercise choice and control, and to engage as equal partners in decisions that will affect their lives, to the full extent of their capacity;

(i) people with disability should be supported in all their dealings and communications so that their capacity to exercise choice and control is maximised in a way that is appropriate to their circumstances and cultural needs;

(j) people with disability should have their privacy and dignity respected;

(k) the role of families, carers and other significant persons in the lives of people with disability is to be acknowledged and respected;

(l) the role of advocacy in representing the interests of people with disability is to be acknowledged and respected, recognising that advocacy supports people with disability by –

(i) promoting their independence and social and economic participation; and

(ii) promoting choice and control in the pursuit of their goals and the planning and delivery of their supports; and

(iii) maximising independent lifestyles of people with disability and their full inclusion in the community;

(m) innovation, quality, continuous improvement, contemporary best-practice and effectiveness in the provision of supports to people with disability are to be promoted;

(n) positive personal and social development of people with disability, including children and young people, is to be promoted.

(2)  If this Act requires or permits an act or thing to be done by or in relation to a person with disability by another person, the act or thing is to be done, so far as practicable, in accordance with both the general principles set out above and the following principles:

(a) people with disability should be involved in decision-making processes that affect them, and where possible make decisions for themselves;

(b) people with disability should be encouraged to engage in the life of the community;

(c) the judgements and decisions that people with disability would have made for themselves should be taken into account;

(d) the cultural and linguistic circumstances, and the gender, of people with disability should be taken into account;

(e) the supportive relationships, friendships and connections, with others, of people with disability should be recognised;

(f) if the person with disability is a child – the best interests of the child are paramount, and full consideration should be given to the need to –

(i) protect the child from harm; and

(ii) promote the child’s development; and

(iii) strengthen, preserve and promote positive relationships between the child and the child’s parents, family members and other people who are significant in the life of the child.

(3)  It is the duty of a person who may do a thing on behalf of a child to ascertain the wishes of the child concerned and to act in the best interests of the child.

(4)  It is the duty of a person who may do a thing on behalf of a child to provide disability, and age-appropriate, assistance in decision making by the child personally and to have regard to, and give appropriate weight to, the views of the child.

(5)  A person does not breach the duty imposed by subsection (3) or (4) 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.

(6)  A person does not breach the duty imposed by subsection (3) or (4) 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.