Western Australian Current Acts

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CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 172

172 .         Court to have regard to certain matters

                In determining whether to make an order under section 170(1) 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, the child’s parents and any other people who are significant to the child; and

            (d)         whether the CEO or an interstate officer is in the better position to exercise 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 under subsection (2).

        (2)         If the CEO is aware that —

            (a)         a sentence or order imposed under the Sentencing Act 1995 or the Young Offenders Act 1994 , other than a fine, is in force in respect of the child who is the subject of the proceeding to which an application referred to in section 170(1)(a) relates; or

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

                the CEO must, as soon as possible, inform the Court of that fact and of the details of the sentence, order or pending criminal proceeding.



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