New South Wales Consolidated Acts

CHILD PROTECTION (INTERNATIONAL MEASURES) ACT 2006 - SECT 5

5 Definitions

(1) In this Act:
"another country" means a Convention country or a non-Convention country.
"Australia" includes the external Territories.

Note: The Interpretation Act 1987 defines an "external Territory" as a Territory, not being an internal Territory, for the government of which as a Territory provision is made by a Commonwealth Act. An "internal Territory" is the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory.

"authorised carer" has the same meaning as in the Children and Young Persons (Care and Protection) Act 1998 .
"central authority" of a Convention country means:

(a) if there is one central authority of the Convention country under Article 29 of the Child Protection Convention-the Convention country’s central authority, or

(b) otherwise-the central authority designated, under Article 29 of the Child Protection Convention, as the Convention country’s central authority to which any communication may be addressed for transmission to the appropriate central authority of the Convention country.

"child" means a person who is under the age of 18 years.
"Child Protection Convention" means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children signed at The Hague on 19 October 1996, a copy of the English text of which is set out in Schedule 1.
"Children’s Court" means the Children’s Court of New South Wales constituted by the Children’s Court Act 1987 .
"Commonwealth central authority" has the same meaning as in section 111CA (1) of the Family Law Act 1975 of the Commonwealth.

Note: Under section 111CA (1) of the Family Law Act 1975 of the Commonwealth, "Commonwealth central authority" means the Secretary of the Commonwealth Attorney-General’s Department.

"competent authority":

(a) in relation to Australia-means an entity that has responsibility or authority under the law in force in Australia, or part of Australia, to take measures or make decisions about:

(i) protecting the person of a child, or

(ii) appointing or deciding the powers of a guardian of a child’s property, and

(b) in relation to a Convention country-means an entity that has responsibility or authority under the law in force in the Convention country to take, or make decisions about, a foreign measure relating to a child, and

(c) in relation to a non-Convention country-means an entity that has responsibility or authority under the law in force in the country to take measures or make decisions about:

(i) protecting the person of a child, or

(ii) appointing or deciding the powers of a guardian of a child’s property.

"Convention country" means a country, other than Australia, for which the Child Protection Convention has entered into force.
"country of refuge" of a child means a country in which the child is present as a refugee child.
"Department" means the Department of Community Services.
"designated agency" has the same meaning as in the Children and Young Persons (Care and Protection) Act 1998 .
"Director-General" means the Director-General of the Department.
"entity" includes the following:

(a) an individual,

(b) a corporation,

(c) an unincorporated body,

(d) a government authority or body,

(e) a court or tribunal.

"foreign measure" means:

(a) a foreign personal protection measure relating to a child, or

(b) a foreign property protection measure relating to a child.

"foreign personal protection measure relating to a child" means a measure (as referred to in the Child Protection Convention) taken by a competent authority of a Convention country for protecting the person of the child.
"foreign property protection measure relating to a child" means a measure (as referred to in the Child Protection Convention) taken by a competent authority of a Convention country for appointing, or deciding the powers of, a guardian of the child’s property.
"interested person", in relation to a child the subject of a measure or proceedings, means:

(a) the child, or

(b) a parent of the child, or

(c) a grandparent of the child, or

(d) any other person concerned with the care, welfare or development of the child.

"New South Wales authority" means:

(a) for a New South Wales personal protection measure relating to a child-a New South Wales court or the Director-General, or

(b) for a New South Wales property protection measure relating to a child-a New South Wales court or the NSW Trustee.

"New South Wales court" means:

(a) the Supreme Court, or

(b) the District Court, or

(c) the Children’s Court, or

(d) the Local Court, or

(e) the Administrative Decisions Tribunal, or

(f) the Guardianship Tribunal.

"New South Wales law" means the law in force in New South Wales.
"New South Wales measure" means:

(a) a New South Wales personal protection measure relating to a child, or

(b) a New South Wales property protection measure relating to a child.

"New South Wales personal protection measure relating to a child" means a measure (as referred to in the Child Protection Convention) under New South Wales law that is directed to the protection of the person of the child.

Examples of New South Wales personal protection measures:

1 A care order or out-of-home care order, within the meaning of the Children and Young Persons (Care and Protection) Act 1998 .

2 An order of the Supreme Court providing for the taking of a child into the Director-General’s custody.

3 An order protecting the person of a child made by the Supreme Court exercising its inherent jurisdiction for children, including authorising the performance of a medical procedure on, or treatment of, a child for which a parent does not have authority, under New South Wales law, to consent.

4 A guardianship order or financial management order made by the Guardianship Tribunal or a consent to medical treatment given by that Tribunal.

Article 3, sub-paragraphs a-f of the Child Protection Convention give examples of the matters that the measures may deal with.

"New South Wales property protection measure relating to a child" means a measure (as referred to in the Child Protection Convention) under New South Wales law for appointing, or deciding the powers of, a guardian of the child’s property.

Note: Article 3, sub-paragraph g of the Child Protection Convention gives examples of the matters that the measures may deal with.

"non-Convention country" means a country for which the Child Protection Convention has not entered into force.
"NSW Trustee" means the NSW Trustee and Guardian constituted under the NSW Trustee and Guardian Act 2009 .
"parental responsibility" has the same meaning as in the Child Protection Convention.

Note: Article 1, paragraph 2 of the Child Protection Convention defines the term "parental responsibility".

"refugee child" means a child:

(a) who is a refugee, or

(b) who is internationally displaced due to disturbances occurring in his or her country of habitual residence, or

(c) whose country of habitual residence cannot be determined,

and who is not detained under the Migration Act 1958 of the Commonwealth.
"registrar", in relation to a court, means:

(a) if the court is the Supreme Court-a registrar, within the meaning of section 19 of the Supreme Court Act 1970 , or

(b) if the court is the District Court-a registrar referred to in section 18G of the District Court Act 1973 , or

(c) if the court is the Children’s Court-a Registrar referred to in section 11 of the Children’s Court Act 1987 , or

(d) if the court is the Local Court-a registrar referred to in section 18 of the Local Court Act 2007 (but not a deputy registrar).

(2) Unless the contrary intention appears, expressions used:

(a) in this Act, or

(b) in regulations made for the purposes of this Act,

have the same meaning as they have in the Child Protection Convention.

(3) Notes included in this Act do not form part of this Act.