Northern Territory Consolidated Acts

COMMUNITY WELFARE ACT - SECT 62C

62C. Minister may transfer home order

(1) If a child to which a home order relates is residing or is about to reside in a State in which an interstate law is in force, the Minister may transfer the home order to the State.

(2) The Minister must not transfer the home order -

(a) if the home order is subject to an appeal in the Supreme Court;

(b) if an application has been made to the Family Matters Court for the transfer of the home order under Subdivision 2;

(c) if the Minister is satisfied that the welfare of the child will be adversely affected by the transfer, taking into account the wishes of the child, each of the child's parents and any other person who has access to the child under the home order;

(d) unless in the opinion of the Minister a child protection order that has the same or a similar effect as the home order may be made under the child welfare law of the receiving State and it is desirable that a child protection order that has the same or a similar effect as the home order be registered in that State;

(e) unless the Minister considers that an interstate officer in the receiving State is or will be in a better position to exercise powers and functions under a child protection order relating to the child than he or she is or will be under the home order;

(f) subject to section 62D, unless the Minister has proposed the terms of the child protection order that, on the transfer, will apply in the receiving State and the relevant interstate officer has consented in writing to the transfer and to the terms of the child protection order; and

(g) unless each person whose consent to the transfer is required under section 62E has consented to the transfer.