CHILD PROTECTION ACT 1999 - SECT 208
Provisions of proposed interstate order
CHILD PROTECTION ACT 1999 - SECT 208
Provisions of proposed interstate order
208 Provisions of proposed interstate order
(1) The provisions of the proposed interstate order are the provisions decided
by the chief executive under this section.
(2) Before transferring the child
protection order, the chief executive may vary the home order in a way that
the chief executive is satisfied is reasonably necessary because of the
transfer.
Example—
A child protection order is made under chapter 2 , part
4 , granting short-term guardianship of a child to the chief executive.
The child moves to Victoria. The chief executive decides to transfer the order
to Victoria. In deciding the provisions of the proposed interstate order, the
chief executive varies the home order so that it grants short-term
guardianship of the child to the interstate officer for Victoria.
(3) The
proposed interstate order—
(a) must be of the same or a similar effect as
the home order; and
(b) may only include provisions that could be included in
an order of that type under a child welfare law of the participating State.
(4) The chief executive must state in the proposed interstate order the time
for which it is to have effect in the participating State.
(5) The stated
time must be the lesser of—
(a) the time for which the home order would have
effect if it were not transferred to that State; and
(b) the maximum time for
which an order of that type, made under a child welfare law of that State,
could be given effect.