Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 643

    (1)     The director-general may transfer a child welfare order (the home order ) for a child or young person to a participating State if—

        (a)     in the director-general's opinion, a child welfare order to the same or a similar effect as the home order could be made under the child welfare law of the State; and

        (b)     the home order is not subject to an appeal to the Supreme Court or affected by a proceeding for judicial review; and

        (c)     the relevant interstate officer has agreed to the transfer and to the proposed terms of the child welfare order to be transferred (the interstate order ); and

        (d)     if the director-general is satisfied that the child or young person is able to understand the proposal to transfer the order—the director-general has sought and considered the child's or young person's views and wishes; and

        (e)     anyone whose agreement to the transfer is required under section 645 has agreed.

    (2)     The director-general may include in the interstate order any condition that could be included in a child welfare order of that kind made in the relevant participating State.

    (3)     In making a decision under subsection (1) (a), the director-general must not take into account the period for which it is possible to make a child welfare order of that kind in the State.

    (4)     The period for which an interstate order is to remain in force must be decided by the director-general and stated in the interstate order.

    (5)     The period must be—

        (a)     if the remaining period of the home order at the date of registration of the interstate order in the participating State is a period for which an order may be made under the child welfare law of the State—the remaining period; or

        (b)     in any other case—as similar a period as may be made under that law but not longer than the period of the home order.