New South Wales Consolidated Acts

CHILD PROTECTION (INTERNATIONAL MEASURES) ACT 2006 - SECT 9

9 Matters relating to jurisdiction for the person of a child

(1) This section applies if a New South Wales authority has jurisdiction under New South Wales law, apart from this Act, for a New South Wales personal protection measure relating to a child.

(2) The New South Wales authority may exercise jurisdiction for a New South Wales personal protection measure relating to a child only in relation to:

(a) a child who is present and habitually resident in Australia, or

(b) a child who is present in Australia and habitually resident in a Convention country, if:

(i) the child’s protection requires taking the measure as a matter of urgency, or

(ii) the measure is provisional and limited in its territorial effect to Australia, or

(iii) the child is a refugee child, or

(iv) a request to assume jurisdiction is made to the New South Wales authority by a competent authority of the country of the child’s habitual residence, or

(v) a competent authority of the country of the child’s habitual residence agrees to the New South Wales authority assuming jurisdiction, or

(c) a child who is present in a Convention country, if:

(i) the child is habitually resident in Australia, or

(ii) the child has been wrongfully removed from or retained outside Australia and New South Wales authorities keep jurisdiction under Article 7 of the Child Protection Convention, or

(iii) a request to assume jurisdiction is made to the New South Wales authority by a competent authority of the country of the child’s habitual residence or country of refuge, or

(iv) a competent authority of the country of the child’s habitual residence or country of refuge agrees to the New South Wales authority assuming jurisdiction, or

(d) a child who is present in Australia and is a refugee child, or

(e) a child who is present in a non-Convention country, if:

(i) the child is habitually resident in Australia, or

(ii) the child is habitually resident in a non-Convention country and is an Australian citizen, or

(f) a child who is present in Australia, if the child is habitually resident in a non-Convention country.

(3) The New South Wales authority may exercise jurisdiction under subsection (2) (b) (ii) only if the measure is not incompatible with a foreign measure already taken by a competent authority of a Convention country under Articles 5-10 of the Child Protection Convention.

(4) Subsection (2) (a)-(d) are subject to the limitations in sections 10, 11 and 13.