CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 - SECT 77P Court to have regard to certain matters
CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 - SECT 77P
Court to have regard to certain matters
(1) In determining whether to make an order transferring a proceeding under this Division, the Court must have regard to (a) whether any other proceedings relating to the child are pending, or have previously been heard and determined, under the child welfare law in the participating State; and(b) the place where any of the matters giving rise to the proceeding in the Court arose; and(c) the place of residence, or likely place of residence, of the child, his or her parents and any other people who are significant to the child; and(d) whether the Secretary or an interstate officer is in the better position to exercise powers and responsibilities under a child protection order relating to the child; and(e) the desirability of a child protection order being an order under the child welfare law of the State where the child resides; and(f) any information given to the Court by the Secretary under subsection (2) .(2) If the Secretary is aware that the Secretary must, as soon as possible, inform the Court of that fact and of the details of the order or pending criminal proceeding.(a) an order under section 47(1) or (2) of the Youth Justice Act 1997 , or an order imposing a sentence under the Sentencing Act 1997 , other than an order that only imposes a fine, is in force in respect of the child who is the subject of the proceeding to which an application under this Division relates; or(b) a criminal proceeding is pending against that child in any court