Northern Territory Numbered Acts Northern Territory Numbered ActsThe CEO may apply to the Court for an order transferring a home order to a participating State if:
(a) the child to whom the order relates is residing, or is about to reside, in the State; and
(b) the order is not subject to an appeal and the time for instituting an appeal has expired; and
(c) the CEO considers the wellbeing of the child will not be adversely affected by the transfer, having regard to the wishes of:
(i) the child; and
(ii) each parent of the child; and
(iii) any other person who has access to the child under the order; and
(iv) any other person considered by the CEO to have a direct and significant interest in the wellbeing of the child; and
(d) the CEO considers a child protection order having the same or a similar effect as the home order can be made under the child welfare law of the State; and
(e) the CEO considers it appropriate for the interstate officer of the State to exercise powers and responsibilities under a child protection order for the child; and
(f) the interstate officer has consented in writing to the transfer and any of the following matters proposed by the CEO for the transfer:
(i) the period for which the transferred order is to be in force;
(ii) provisions to be included in the transferred order; and
(g) one or more of the following apply:
(i) a person whose consent to the transfer is required under section 157 has refused or failed to do so;
(ii) the CEO considers the transferred order should include provisions different from those that are included in the home order;
(iii) the CEO considers that, if the CEO were to make a decision to transfer the order, a person is likely to apply for a review of the decision under section 159 ;
(iv) the CEO otherwise considers it appropriate for the Court to decide whether or not to transfer the order.