South Australian Current Acts South Australian Current Acts122—When Chief Executive may transfer order
(1) The Chief
Executive may transfer a child protection order (the "home order") to a
participating State if—
(a) in
the Chief Executive's opinion a child protection order to the same or a
similar effect as the home order could be made under the child welfare law of
that State; and
(b) the
home order is not subject to an appeal; and
(c) the
relevant interstate officer has consented in writing to the transfer and to
any proposed variation of the terms of the order pursuant to
subsection (3); and
(d) the
persons whose consent to the transfer is required under section 123 have
so consented.
(2) In determining
whether a child protection order to the same or a similar effect as the
home order could be made under the child welfare law of the participating
State, the Chief Executive must not take into account the period for which it
is possible under that law for such an order to be in force.
(3) For the purposes
of transferring a child protection order to a participating State, the
Chief Executive may vary the terms of the order so that it makes provision for
any matter in terms that could be included in a child protection order of that
type made in the participating State.
(4) The
Chief Executive must specify in the transferred order the period for which it
is to remain in force.
(5) That period must
be—
(a) if
the same period as that of the home order is possible for the transferred
order under the child welfare law of the participating State commencing on and
including the date of the registration of the order in that State—that
period; or
(b) in
any other case—as similar a period as is possible under that law but in
no case longer than the period of the home order.