New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 4

4 Children and young persons to whom this Act applies

(1) The functions conferred or imposed by this Act and the regulations may be exercised in respect of children and young persons--

(a) who ordinarily live in New South Wales, or

(b) who do not ordinarily live in New South Wales, but who--

(i) are present in New South Wales, or

(ii) have a sufficient connection to New South Wales, or

(c) who are subject to an event or circumstances occurring in New South Wales that gives or give rise to a report.

(2) This Act is intended to have extraterritorial application in so far as the legislative powers of the State permit, including in relation to children and young persons who do not ordinarily live in, or who are not present in, New South Wales.

(3) In determining whether a child or young person has a sufficient connection to New South Wales for subsection (1)(b)(ii), the following may be considered--

(a) whether the child or young person is the subject of a care order under this Act,

(b) whether members of the child or young person's family, kin or community live in New South Wales,

(c) any time the child or young person spends in New South Wales, including under arrangements for contact,

(d) whether the child or young person attends school or participates in other programs or services in New South Wales,

(e) any plans for the child or young person to return to live in New South Wales, including plans for the child or young person to be restored to the child or young person's parents in New South Wales,

(f) whether the particular matter could be dealt with by another court in another jurisdiction.