Commonwealth Numbered Regulations

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FAMILY LAW (CHILD PROTECTION CONVENTION) REGULATIONS 2003 2003 No. 66 - REG 13

Measure relating to special medical treatment
(1)
This regulation applies to a foreign measure that relates to special medical treatment of a child.

(2)
A Registrar of a court who is aware that a foreign measure relates to special medical treatment must not register the measure unless the Family Court, or another authorised court or tribunal, having regard to the child's best interests, has:

(a)
authorised the medical treatment; or

(b)
declared that registration is not contrary to public policy.

(3) In the absence of such an authorisation or declaration:

(a)
registration of the measure in a court is of no effect; and

(b)
if registration has occurred, a Registrar of the court, on becoming aware that the measure relates to special medical treatment, must:

(i)
cancel the registration; and
(ii)
notify the Commonwealth central authority.
(4)
On receipt of notification under subparagraph (3) (b) (ii), the Commonwealth central authority must notify the State central authority of the State in which the child is present.

(5) For this regulation:

"authorised court or tribunal" means a court or tribunal that, under the law in force in the State in which the child concerned is present, has jurisdiction to authorise the special medical treatment of the child.



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