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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 650 Childrens Court transfer—interstate orders

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 650

Childrens Court transfer—interstate orders

    (1)     If the Childrens Court decides to transfer a child welfare order (the home order ), the kind of child welfare order to be transferred (the interstate order ) must be a child welfare order that—

        (a)     could be made under the child welfare law of the participating State; and

        (b)     the court believes to be—

              (i)     to the same or a similar effect as the home order; or

              (ii)     otherwise in the best interests of the child or young person.

    (2)     The Childrens Court may include in the interstate order any condition that could be included in a child welfare order of that kind made in the relevant participating State.

    (3)     In deciding under subsection (1) whether an order to the same or a similar effect as the home order could be made under the child welfare law of a participating State, the Childrens Court must not take into account the period for which it is possible to make a child welfare order of that kind in the State.

    (4)     The period for which an interstate order is to remain in force must be decided by the Childrens Court and stated in the interstate order.

    (5)     The period must be a period—

        (a)     for which a child welfare order of the kind of the interstate order may be made under the child welfare law of the participating State; and

        (b)     that the Childrens Court considers appropriate.