New South Wales Consolidated Acts

CHILD PROTECTION (INTERNATIONAL MEASURES) ACT 2006 - SECT 7

7 Circumstances in which New South Wales court may exercise jurisdiction

(1) If, under this Act, a New South Wales court may exercise jurisdiction for a matter, the court may exercise the jurisdiction for the matter:

(a) on application by the Director-General or the NSW Trustee, or

(b) on its own initiative.

(2) For the purposes of this Act, the Director-General and NSW Trustee may make applications to a New South Wales court.

(3) Subsections (1) and (2) are not limited by, and do not limit, a provision made by or under this Act or another Act that states other persons may make an application under this Act or otherwise make a request to a New South Wales court.

Note: Example for subsection (3)-As mentioned in section 16 (2) (b) (iii), a New South Wales authority may exercise jurisdiction in relation to a child habitually resident in a Convention country only if the New South Wales authority is requested to assume the jurisdiction by, or at the invitation of, a competent authority of the country of the child’s habitual residence or country of refuge.