New South Wales Consolidated Acts

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 231C

When Secretary may transfer order

231C When Secretary may transfer order

(1) The Secretary may transfer a home order to a participating State if:
(a) in his or her opinion a child protection order to the same or a similar effect as the home order could be made under the child welfare law of that State, and
(b) the home order is not the subject of an appeal to the District Court, and
(c) the relevant interstate officer has consented in writing to the transfer and to the terms of the proposed interstate order, and
(d) any person whose consent to the transfer is required under section 231D has so consented, and
(e) the child or young person who is the subject of the order has not given written notice of opposition to the decision to transfer the order in accordance with section 231F (3) (b) and the Secretary certifies in writing that he or she made all reasonable efforts to ensure that the child or young person had an opportunity to seek legal advice in relation to the decision.
(2) The Secretary 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 a child protection 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 Secretary must disregard the period for which it is possible to make such an order in that State.
(4) The Secretary must determine, and specify in the proposed interstate order:
(a) the type of order under the child welfare law of the participating State that the proposed interstate order is to be, and
(b) the period for which it is to remain in force.
(5) The period must be:
(a) if the same period as that of the home order is possible for the proposed interstate order under the child welfare law of the participating State--that period (commencing on, and including, the date of the registration of the interstate order in that State), or
(b) in any other case--as similar a period as is possible under that law, but in no case longer than the period of the home order.



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