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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 651 Childrens Court transfer—considerations

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 651

Childrens Court transfer—considerations

    (1)     In deciding what order to make on an application under this division, the Childrens Court must have regard to—

        (a)     the matters mentioned in section 8 (Best interests of children and young people paramount consideration); and

        (b)     the principles set out in section 9 (Principles applying to Act) and section 10 (Aboriginal and Torres Strait Islander children and young people principle); and

        (c)     the care and protection principles; and

        (d)     whether the director-general or an interstate officer is in the better position to exercise powers and responsibilities under a child welfare order for the child or young person; and

        (e)     the desirability of a child welfare order being an order under the child welfare law of the State where the child or young person lives; and

        (f)     the desirability of orders relating to the care and protection of a child or young person having effect, and being enforced, in the jurisdiction where the child or young person lives; and

        (g)     any information given to the Childrens Court by the director-general or anyone else about any sentencing order (other than a fine) in force in relation to the child or young person or any criminal proceedings pending against the child or young person in any court.

    (2)     The Childrens Court may also consider any report prepared by the director-general relevant to the proposed transfer.