123—Persons whose consent is required
(1) For the purposes
of section 122(1)(d)—
(a) if
the home order grants custody (but not guardianship) of the child to the
Minister or the Chief Executive, consent to the transfer is required from the
child's parents;
(b) if
the home order grants custody of the child to the chief executive of a
licensed children's residential facility or to any other organisation or its
chief executive, consent to the transfer is required from the child's parents
and the chief executive of the facility or organisation;
(c) if
the home order requires the child to be under the supervision of the
Chief Executive or some other specified person or authority, consent to the
transfer is required from the child's parents and guardians;
(d) if
the home order or any ancillary order grants a person access to the child,
consent to the transfer is required from that person.
(2) However, if a
person whose consent would normally be required is residing in, or is
intending to reside in, the relevant participating State, the consent of that
person to the transfer is not required.
(3) Despite
subsection (1), if a person whose consent is required—
(a)
cannot, after reasonable enquiries, be found; or
(b)
fails to respond within a reasonable period of time to a request for consent,
the consent of that person to the transfer is not required.