Western Australian Current Acts

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 167

167 .         Proposed interstate orders, terms of

        (1)         If the Court determines to transfer a home order to a participating State, the proposed terms of the order to be transferred (the proposed interstate order ) must be terms that could be the terms of a child protection order made under the child welfare law of the participating State and that the Court believes to be —

            (a)         to the same or a similar effect as the terms of the home order; or

            (b)         otherwise in the best interests of the child.

        (2)         The Court may include in the proposed interstate order any conditions that could be included in a child protection order of that type made in the relevant participating State.

        (3)         In determining whether an order to the same or a similar effect as the home order could be made under the child welfare law of a participating State, the Court must not take into account the period for which it is possible to make such an order in that State.

        (4)         The Court must determine, and specify in the proposed interstate order, the period for which it is to remain in force.

        (5)         The period must not be longer than the maximum period for which a child protection order of that type made in the relevant participating State could remain in force.