CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 158
CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 158
158 . When CEO may transfer home order
(1) The CEO may
transfer a home order to a participating State if —
(a) in
his or her opinion a child protection order to the same or a similar effect as
the home order could be made under the child welfare law of that State; and
(b) the
home order is not subject to an appeal and the time for instituting an appeal
has expired; and
(c) the
relevant interstate officer has consented in writing to the transfer and to
the proposed terms of the order to be transferred (the proposed interstate
order ); and
(d) any
person whose consent to the transfer is required under section 159 has so
consented.
(2) The CEO 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 a child protection 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
CEO must not take into account the period for which it is possible to make
such an order in that State.
(4) The CEO must
determine, and specify in the proposed interstate order, the period for which
it is to remain in force.
(5) The period must be
the lesser of —
(a) the
period for which the home order would have remained in force if it were not
transferred to the relevant participating State; and
(b) the
maximum period for which a child protection order of that type made in the
relevant participating State could remain in force.