South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 132

132—Court to have regard to certain matters

        (1)         In determining an application to transfer a proceeding under this Part, the Court must have regard to—

            (a)         whether any other proceedings relating to the child are pending, or have previously been heard and determined, under the child welfare law in the participating State; and

            (b)         the place where any of the matters giving rise to the proceeding in the Court arose; and

            (c)         the place of residence, or likely place of residence, of the child, their parents or guardians and any other people who are significant to the child; and

            (d)         whether the Chief Executive or an interstate officer is in the better position to exercise the powers and responsibilities under a child protection order relating to the child; and

            (e)         the desirability of a child protection order being an order under the child welfare law of the State where the child resides; and

            (f)         any information given to the Court by the Chief Executive under subsection (2).

        (2)         If the Chief Executive is aware that—

            (a)         a sentencing order, other than a fine, is in force in respect of the child who is the subject of an application under this Part; or

            (b)         a criminal proceeding is pending against that child in any court,

the Chief Executive must, as soon as possible, inform the Court of that fact and of the details of the sentencing order or pending criminal proceeding.