CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 172
CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 172
172 . Court to have regard to certain matters
In determining whether
to make an order under section 170(1) 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, the
child’s parents and any other people who are significant to the child;
and
(d)
whether the CEO 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 under subsection (2).
(2) If the CEO is
aware that —
(a) a
sentence or order imposed under the Sentencing Act 1995 or the
Young Offenders Act 1994 , other than a fine, is in force in respect of the
child who is the subject of the proceeding to which an application referred to
in section 170(1)(a) relates; or
(b) a
criminal proceeding is pending against that child in any court,
the CEO must, as soon
as possible, inform the Court of that fact and of the details of the sentence,
order or pending criminal proceeding.