Northern Territory Consolidated Acts

COMMUNITY WELFARE ACT - SECT 62H

62H. Family Matters Court may hear application for order to transfer home order

(1) The Minister may apply to the Family Matters Court for an order for the transfer of the home order to the other State if -

(a) 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;

(b) the home order is not subject to an appeal in the Supreme Court;

(c) the Minister is satisfied that the welfare of the child will not 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) 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;

(e) 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

(f) any one or more of the following apply:

(i) a person required under section 62E to consent to the transfer of the home order by the Minister has refused or failed to do so;

(ii) in the opinion of the Minister it is desirable that the child protection order that would, on the transfer, be registered in that State contains terms (being terms that may be made under the child welfare law of the receiving State) that are not the same or do not have a similar effect as the terms of the home order;

(iii) in the opinion of the Minister it is likely that, if he or she were to decide to transfer the home order to that State, the child (if entitled to seek review of the Minister's decision under section 62G) would seek review of the decision;

(iv) other circumstances relating to the transfer of the home order cause the Minister to consider that it is appropriate that the Family Matters Court hears and determines whether the home order be transferred to that State.

(2) The Family Matters Court must not hear an application for an order for the transfer of a home order unless -

(a) it is satisfied that the Minister is entitled to make the application under subsection (1); and

(b) the Minister has prepared and given to the Court a report in relation to the application that includes -

(i) a history of the care of the child by the Minister;

(ii) details of any offences committed by the child and any sentence imposed on the child for committing those offences;

(iii) details of any offences the child has been charged with committing and any criminal proceedings pending against the child;

(iv) details of any sentencing order under this Act that is in force in respect of the child at the time of making the application;

(v) the recommendations of the Minister concerning the order for the transfer of the home order; and

(vi) the prescribed information, if any.