Tasmanian Consolidated Acts

CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 - SECT 77J

      (1) If the Court determines to transfer a home order to a participating State, the terms of the child protection order to be transferred (the "proposed interstate order" ) must be terms –

(a) that could be the terms of a childprotection order made under the child welfare law of that State; and

(b) that the Court believes to be –

(i) to the same or a similar effect as the terms of the home order; or

(ii) otherwise in the best interests of the child.

      (2) The Court may include in the proposed interstate order any conditions that could be included in a child protection order of that type made in the relevant participating State.

      (3) In determining whether an order to the same or a similar effect as the home order could be made under the child welfare law of a participating State, the Court must not take into account the period for which it is possible to make such an order in that State.

      (4) The Court must determine, and specify in the proposed interstate order –

(a) the type of order under the child welfare law of the participating State that the proposed interstate order is to be; and

(b) the period for which it is to remain in force.

      (5) The period must be a period –

(a) for which a child protection order of the type of the proposed interstate order may be made under the child welfare law of the participating State commencing from the date of the registration of the proposed interstate order in that State; and

(b) that the Court considers to be appropriate.