New South Wales Consolidated Acts

CHILD PROTECTION (INTERNATIONAL MEASURES) ACT 2006 - SECT 12

12 If a New South Wales authority is asked to assume jurisdiction

(1) A New South Wales authority may, if it considers that it is in the child’s best interests, accept or reject a request made under Article 8 of the Child Protection Convention by a competent authority of a Convention country for the New South Wales authority to assume jurisdiction to take a New South Wales personal protection measure relating to the child.

(2) If the New South Wales authority is a New South Wales court, the court may order the Director-General to do both of the following in a way that the Director-General considers appropriate:

(a) to request, under Article 9 of the Child Protection Convention, that a competent authority of a Convention country agree to the New South Wales court assuming jurisdiction to take a New South Wales personal protection measure relating to the child,

(b) to report to the court about the outcome of the request.

(3) The New South Wales court may make the order under subsection (2) only if it considers that it is better placed than the competent authority to assess the child’s best interests.