Northern Territory Consolidated Acts

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COMMUNITY WELFARE ACT - SECT 62A

Definitions

62A. Definitions

In this Part, unless the contrary intention appears -

"child protection order" means an order (other than an interim transfer order) that -

(a) is made under a child welfare law; and

(b) gives a minister, government department, statutory authority or other organisation, or the chief executive officer or other officer of a government department, statutory authority or other organisation, responsibility in relation to the guardianship or custody (however described) of the child;

"child protection proceeding" means a proceeding commenced in a Court under a child welfare law for -

(a) a finding that the child is in need of care or protection or any other finding that is, under the child welfare law, a prerequisite to the exercise by the Court of a power to make a child protection order; or

(b) a child protection order or an interim transfer order, a variation or revocation of the child protection order or interim transfer order or an extension of the period for which a child protection order or an interim transfer order is in force;

"child welfare law" means -

(a) the law of a State that substantially corresponds to Part VI; or

(b) a law of a State prescribed under section 62B(a) to be a child welfare law;

"Court" means a court of a State with jurisdiction to hear and determine a child protection proceeding at first instance;

"home order" means an order made by the Family Matters Court under Part VI;

"home proceeding" means a proceeding commenced in the Family Matters Court under Part VI;

"interim transfer order" means -

(a) an order made under section 62R;

(b) an order made by the Supreme Court under section 62T that has the same effect as an order that may be made under section 62R; or

(c) an order by a Court under an interstate law that has the same effect as an order that may be made under section 62R;

"interstate law" means -

(a) the law of a State that substantially corresponds to this Part; or

(b) a law of a State prescribed under section 62B(b) to be an interstate law;

"interstate officer" means -

(a) the person holding, acting in or performing the duties of an office or position held or established by or under a child welfare law of a State that has principal responsibility for the supervision and protection of children in the State who are in need of care (however described); or

(b) the person holding, acting in or performing the duties of an office or position prescribed under section 62B(c) to be an interstate office;

"interstate order" means -

(a) a decision under an interstate law that substantially corresponds with Division 2, Subdivision 1 to transfer a child protection order to the Territory;

(b) an order of a Court under an interstate law for the transfer of a child protection order or a child protection proceeding to the Territory; or

(c) an interim transfer order made by a Court under an interstate law;

"parent", in relation to a child to whom a home order or home proceeding relates, means a parent, guardian or other person having the custody of the child but does not include a person who is the child's foster parent;

"receiving State" means a State in which an interstate law is in force to which the Minister transfers or proposes to transfer a home order or a home proceeding under this Part;

"sending State" means a State in which an interstate law is in force from which an interstate officer transfers or proposes to transfer a child protection order or child protection proceeding to the Territory under the interstate law;

"State" means a State or another Territory of the Commonwealth or New Zealand;

"working day" means a day on which the registry of the Supreme Court is open for business.



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