Queensland Consolidated Acts

CHILD PROTECTION (INTERNATIONAL MEASURES) ACT 2003 - SECT 11

11 Limitations concerning prior proceedings in a Convention country

(1) This section applies to the exercise of jurisdiction by a Queensland authority under section 9 (2) (b) (iii) to (v) or (c).

(2) If the Queensland authority is a Queensland court, before the court exercises the jurisdiction, it must order the department—

(a) to use the department’s best efforts to consult with the competent authorities in the Convention country to find out whether measures relating to the protection of the person of the child have been sought from the competent authorities; and

(b) to report to the court about the outcome of those efforts.

(3) If the Queensland authority is the department, before the department exercises the jurisdiction, the department must use its best efforts to consult with the competent authorities in the Convention country—

(a) to find out whether measures relating to the protection of the person of the child have been sought from the competent authorities; and

(b) to decide the most appropriate course of action.

(4) If the Queensland authority is the litigation director, before the director exercises the jurisdiction, the director must be satisfied the department has used its best efforts to consult with the competent authorities in the Convention country to find out whether measures relating to the protection of the person of the child have been sought from the competent authorities.