Commonwealth Numbered Acts

FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 10

10. (1) Subject to sub-section (3), a court shall not make an order under Part
VII or Part VIII for the maintenance, custody or guardianship of-

   (a)  a child who, under the law of a State, is a ward of the State or a
        State child or is under the care and control of a Minister of State of
        the State; or

   (b)  a child who has a similar status under a law of a Territory.

(2) Nothing in this Act, and no decree under this Act, affects-

   (a)  the jurisdiction of a court, or the power of an authority, under a law
        of a State to make an order, or take any other action, whereby a child
        becomes a ward of the State or a State child, or is placed under the
        care and control of a Minister of State of a State or any similiar
        jurisdiction or power under a law of a Territory;

   (b)  any such order made, or action taken, or the operation, in respect of
        a child in relation to whom any such order has been made or action
        taken, of the law under which the order was made or action taken;

   (c)  the jurisdiction of a court under a law of a State or Territory to
        make an order in respect of the maintenance of a child referred to in
        sub-section (1) in favour of an officer or authority of the State or
        Territory performing functions in relation to the welfare of children;
        or

   (d)  an order of a kind referred to in paragraph (c) made by a court.

(3) The Family Court or the Supreme Court of a State or Territory may make an
order referred to in sub-section (1) if it is satisfied that there are special
circumstances that justify the making of the order.