New South Wales Consolidated Acts

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

Children's Court to have regard to certain matters

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

In determining whether to make an order transferring a proceeding under this Part, the Children's Court must have regard to:

(a) the principles in section 9, and
(b) whether any other proceedings relating to the child or young person are pending, or have previously been heard and determined, under the child welfare law in the participating State, and
(c) the place where any of the matters giving rise to the proceeding in the Children's Court arose, and
(d) the place of residence, or likely place of residence, of the child or young person, his or her parents and any other people who are significant to the child or young person (as referred to in section 9 (2) (f)), and
(e) 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
(f) 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
(g) any information given to the Children's Court by the Secretary or otherwise concerning any pending criminal proceedings or sentencing order that is currently in force (other than a fine) in respect of the child or young person.



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