New South Wales Consolidated Acts

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Children's Court to have regard to certain matters

231J Children's Court to have regard to certain matters

(1) The Children's Court must not make an order under this Division unless it has received and considered--
(a) an updated care plan, if a care plan under section 78 was prepared in relation to the original care order, or
(b) in any other case, a report by the Secretary that contains the matters required by the regulations to be included in the report.
(2) In determining what order to make on an application under this Division, the Children's Court must have regard to--
(a) the principles in section 9, and
(b) whether the Secretary or an interstate officer is in the better position to exercise powers and responsibilities under a child protection order relating to the child or young person, and
(c) the fact that it is preferable that a child or young person is subject to a child protection order made under the child welfare law of the State where the child or young person resides, and
(d) any information given to the Children's Court by the Secretary or otherwise concerning any sentencing order under any Act, other than a fine, in force in respect of the child or young person or any criminal proceedings pending against the child or young person in any court.
(3) The Secretary must provide to the Children's Court an updated care plan or report referred to in subsection (1), in accordance with the rules of the Children's Court.
(4) Other requirements concerning the hearing and the making of an application, and the form of a care plan, under this Division may be prescribed by the regulations.

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