CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 319 Transfer of proceedings and records

CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 319

    (1)     The following must be transferred to the family matters jurisdiction of the Local Court after the commencement:

    (a)     proceedings and records of the Family Matters Court;

    (b)     proceedings and records of applications under section 11A of the Welfare Act.

    (2)     The Local Court must deal with the proceedings and records as if:

    (a)     the Welfare Act had not been repealed; and

    (b)     for proceedings and records of the Family Matters Court:

        (i)     the Local Court were the Family Matters Court; and

        (ii)     an adjournment granted by the Family Matters Court and any related interim order were granted or made by the Local Court in exercising the family matters jurisdiction.

    (3)     An appeal to the Supreme Court under the Welfare Act that has not been decided before the commencement must be dealt with by the Supreme Court as if the Welfare Act had not been repealed.

    (4)     However, the application of the Welfare Act under subsections (2) and (3) is subject to the following changes:

    (a)     if the Minister administering the Welfare Act would otherwise have been given custody of a child because of the application – the CEO must be given daily care and control of the child instead;

    (b)     if the Minister administering the Welfare Act would otherwise have been given guardianship of a child because of the application – the CEO must be given parental responsibility for the child instead;

    (c)     if an authorised person would otherwise have powers or functions under the Welfare Act because of the application – an authorised officer has the powers or functions instead.