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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.