New South Wales Consolidated Acts

CHILD PROTECTION (INTERNATIONAL MEASURES) ACT 2006 - SECT 19

19 If New South Wales authority is asked to assume jurisdiction

(1) A New South Wales court 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, or at the invitation of, a competent authority of a Convention country for the New South Wales court to assume jurisdiction to take a New South Wales property protection measure relating to the child.

(2) A New South Wales court may order, or invite the parties to proceedings before the court to ask, the NSW Trustee to do both of the following in a way that the NSW Trustee 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 property protection measure relating to the child,

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

(3) The NSW Trustee must:

(a) apply to a New South Wales court, under the NSW Trustee and Guardian Act 2009 , for an order that the NSW Trustee may accept a request, under Article 9 of the Child Protection Convention, for the NSW Trustee to assume jurisdiction to take a New South Wales property protection measure relating to the child that the NSW Trustee considers necessary, or

(b) reject the request.

(4) The New South Wales court may:

(a) make the order, or issue the invitation, under subsection (2) only if it considers that it is better placed than the competent authority to assess the child’s best interests, or

(b) make the order under subsection (3) (a) only if it considers that the NSW Trustee is better placed than the competent authority to assess the child’s best interests.