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Western Australia
Child Welfare Amendment Bill 2001
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Part I heading inserted 2
5. Section 3A inserted 2
6. Section 4 amended 2
7. Section 10C inserted 3
8. Section 66A amended 4
9. Sections 67 and 68 inserted 5
10 . Part VIIIA inserted 9
page i
49--1B
Western Australia
LEGISLATIVE ASSEMBLY
Child Welfare Amendment Bill 2001
A Bill for
An Act to amend the Child Welfare Act 1947.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Child Welfare Amendment
Act 2001.
page 1
Child Welfare Amendment Bill 2001
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. The Act amended
5 The amendments in this Act are to the Child Welfare Act 1947*.
[* Reprinted as at 12 July 1995.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 61.]
4. Part I heading inserted
10 Before section 1 the following heading is inserted --
" Part I -- Preliminary ".
5. Section 3A inserted
After section 3 the following section is inserted --
"
15 3A. Principle -- interests of child paramount
In performing a function or exercising a power under
this Act in relation to a child, a person or the court shall
regard the best interests of the child as the paramount
consideration.
20 ".
6. Section 4 amended
Section 4(1) is amended by deleting the definitions of "near
relative" and "parent" and inserting the following definitions
instead --
25 "
"near relative", in relation to a child, means parent,
brother, sister or grandparent of the child;
page 2
Child Welfare Amendment Bill 2001
s. 7
"parent", in relation to a child, means father, mother,
stepfather or stepmother of the child;
".
7. Section 10C inserted
5 After section 10B the following section is inserted --
"
10C. Exchange of information
(1) In this section --
"corresponding authority" means a person or body in
10 another State or a Territory, or another country,
that has functions corresponding to those of the
Director-General under this Act;
"public authority" means --
(a) a department of the Public Service;
15 (b) a State agency or instrumentality;
(c) a local government or regional local
government; or
(d) a body, whether corporate or not, or the
holder of an office, post or position,
20 established or continued for a public purpose
under a written law;
"relevant information" means information that, in the
opinion of the Director-General, is, or is likely to
be, relevant to --
25 (a) the health, safety or welfare of a child or
class of children; or
(b) the performance of functions under this Act.
(2) The Director-General may disclose relevant
information to a public authority or a corresponding
30 authority.
page 3
Child Welfare Amendment Bill 2001
s. 8
(3) The Director-General may request a public authority or
a corresponding authority that holds relevant
information to disclose the information to the
Director-General.
5 (4) A public authority may, despite any other written law,
comply with a request under subsection (3).
(5) If information is disclosed, in good faith, under
subsection (2) or in compliance with a request under
subsection (3) --
10 (a) no civil or criminal liability is incurred in
respect of the disclosure;
(b) the disclosure is not to be regarded as a breach
of any duty of confidentiality or secrecy
imposed by law; and
15 (c) the disclosure is not to be regarded as a breach
of professional ethics or standards or as
unprofessional conduct.
".
8. Section 66A amended
20 After section 66A(2) the following subsection is inserted --
"
(3) This section does not apply in relation to a State,
Territory or country that is a participating State for the
purposes of Part VIIIA.
25 ".
page 4
Child Welfare Amendment Bill 2001
s. 9
9. Sections 67 and 68 inserted
After section 66D the following sections are inserted in
Part IV --
"
5 67. Warrant to apprehend certain children
(1) In this section, other than subsection (7) --
"officer" means an officer of the Department or a
police officer.
(2) If an officer suspects on reasonable grounds that --
10 (a) a ward;
(b) a child placed under the control of the
Department; or
(c) a child apprehended under section 29(1),
is absent, or has been taken, without lawful authority,
15 from any situation in which the ward or child has been
placed at the requirement of the Director-General or
the court, the officer may apply to a magistrate of the
court for a warrant to apprehend the ward or child.
(3) An application under subsection (2) shall be made in
20 accordance with section 68.
(4) On an application under subsection (2) a magistrate
may issue a warrant if the magistrate is satisfied that
there are reasonable grounds for the suspicion referred
to that in subsection.
25 (5) A warrant issued under subsection (4) authorises an
officer --
(a) to enter, at any time, any place where the
officer reasonably suspects the ward or child
to be;
page 5
Child Welfare Amendment Bill 2001
s. 9
(b) to search the place for the purpose of finding
the ward or child;
(c) to remain at the place for as long as the officer
considers reasonably necessary to find the ward
5 or child; and
(d) if the ward or child is found, to apprehend the
ward or child and take the ward or child to such
place as the Director-General directs.
(6) When executing a warrant issued under subsection (4),
10 an officer --
(a) may use reasonable force and assistance; and
(b) shall produce the warrant if asked to do so by a
person at the place where the warrant is, or is to
be, executed.
15 (7) An officer of the Department who is executing a
warrant issued under subsection (4) may be
accompanied by a police officer.
68. Applying for warrant
(1) In this section --
20 "remote communication" means any way of
communicating at a distance including by
telephone, fax, email and radio.
(2) This section applies to and in respect of an application
under section 67(2).
25 (3) The application shall be made, and any information in
support of it shall be given, on oath.
(4) The application shall be made in person before a
magistrate unless --
(a) the warrant is needed urgently; and
page 6
Child Welfare Amendment Bill 2001
s. 9
(b) the applicant reasonably suspects that a
magistrate is not known to be available within a
reasonable distance of the applicant,
in which case it may be made to a magistrate by remote
5 communication.
(5) If the application is made by remote communication --
(a) the applicant shall prepare a written application
and if practicable send it to the magistrate;
(b) if it is not practicable to send the written
10 application to the magistrate, the applicant may
make the application orally;
(c) if it is not reasonably practicable to comply
with subsection (3), the applicant may make the
application, and give any information in
15 support of it, in unsworn form; and
(d) the magistrate shall not grant the application
unless satisfied that there are grounds under
subsection (4) for the application not to be
made in person.
20 (6) If the application is made orally under
subsection (5)(b), the magistrate shall complete a
written application.
(7) If information in support of the application is given
orally, the magistrate shall make a record of it.
25 (8) If --
(a) the applicant gives the magistrate unsworn
information under subsection (5)(c); and
(b) the magistrate issues a warrant,
the applicant shall send the magistrate an affidavit
30 containing the information as soon as practicable after
the warrant is issued.
page 7
Child Welfare Amendment Bill 2001
s. 9
(9) If the application is not made in person and the
magistrate issues a warrant, then --
(a) if it is reasonably practicable to send a copy of
the warrant to the applicant by remote
5 communication, the magistrate shall
immediately do so; or
(b) if it is not reasonably practicable to so send a
copy of the warrant --
(i) the magistrate shall immediately give
10 the applicant by remote communication
any information that is required to be set
out in the warrant;
(ii) the applicant shall complete a form of
the warrant with the information given
15 by the magistrate;
(iii) the applicant shall give the magistrate a
copy of the completed form as soon as
practicable after the warrant is issued;
and
20 (iv) the magistrate shall attach the copy of
the completed form to the original
warrant issued by the magistrate and
any affidavit received from the
applicant in support of the application,
25 and make them available for collection
by the applicant.
(10) If a copy of a warrant is received by remote
communication under subsection (9)(a) or a form of
warrant is completed in accordance with
30 subsection (9)(b)(ii) it has the same effect as the
original warrant issued by the magistrate.
".
page 8
Child Welfare Amendment Bill 2001
s. 10
10. Part VIIIA inserted
After Part VIII the following Part is inserted --
"
Part VIIIA -- Transfer of child protection
5 orders and proceedings
Division 1 -- Preliminary
120A. Purpose of Part
The purpose of this Part is to provide for the transfer of
child protection orders and proceedings between this
10 State and another State --
(a) so that children who are in need of protection
may be protected despite moving from one
jurisdiction to another; and
(b) so as to facilitate the timely and expeditious
15 determination of court proceedings relating to
the protection of a child.
120B. Interpretation
(1) In this Part, unless the contrary intention appears --
"child protection order", in relation to a child, means
20 a final order made under a child welfare law in
respect of the child that gives --
(a) a Minister of the Crown in right of a State;
(b) a government department or statutory
authority;
25 (c) a person who is the chief executive officer
(however described) of a government
department or statutory authority or
otherwise holds an office or position in, or is
employed in, a government department or
30 statutory authority; or
page 9
Child Welfare Amendment Bill 2001
s. 10
(d) an organisation or the chief executive officer
(however described) of an organisation,
responsibility in relation to the guardianship,
custody or supervision of the child, however that
5 responsibility is described;
"child protection proceeding" means a proceeding
brought in a court under a child welfare law for --
(a) the making of a finding that a child is in need
of protection or any other finding (however
10 described) the making of which is a
prerequisite under the child welfare law to
the exercise by the court of a power to make
a child protection order; or
(b) the making of a child protection order or an
15 interim order or for the variation or
revocation, or the extension of the period, of
such an order;
"child welfare law" means --
(a) Part IV;
20 (b) a law of another State that, under an order in
force under subsection (2), is declared to be a
child welfare law for the purposes of this
Part; or
(c) a law of another State that substantially
25 corresponds to Part IV;
"Children's Court", in relation to another State,
means the court with jurisdiction to hear and
determine a child protection proceeding at first
instance;
30 "clerk of the court" means --
(a) in relation to an application made to the
court, the clerk of the court at the place
where the application was made;
page 10
Child Welfare Amendment Bill 2001
s. 10
(b) in relation to a document filed in the court,
the clerk of the court at the place where the
document was filed; and
(c) in relation to the revocation by the court of
5 the registration of an order, the clerk of the
court at the place where the registration was
revoked;
"home order" means --
(a) an order made under section 30; or
10 (b) an order taken, by operation of
section 120U(1), to be an order made under
section 30;
"interim order" means --
(a) an order made under section 120P; or
15 (b) an equivalent order made under an interstate
law;
"interstate law" means --
(a) a law of another State that, under an order in
force under subsection (3), is declared to be
20 an interstate law for the purposes of this Part;
or
(b) a law of another State that substantially
corresponds to this Part;
"interstate officer", in relation to another State,
25 means --
(a) the person holding the office or position to
which there is given by or under the child
welfare law of that State principal
responsibility for the protection of children
30 in that State; or
(b) the holder of an office or position that, under
an order in force under subsection (4), is
declared to be an office or position the
page 11
Child Welfare Amendment Bill 2001
s. 10
holder of which is the interstate officer in
relation to that State for the purposes of this
Part;
"participating State" means a State in which an
5 interstate law is in force;
"sending State" means the State from which a child
protection order or proceeding is transferred under
this Part or an interstate law;
"State" means --
10 (a) a State or a Territory; or
(b) New Zealand;
"working day" means --
(a) in relation to a court, a day on which the
offices of the court are open; and
15 (b) in relation to the Director-General, a day on
which the principal office of the Department
is open.
(2) The Minister may, by order published in the Gazette,
declare a law of another State to be a child welfare law
20 for the purposes of this Part if satisfied that the law
substantially corresponds to Part IV.
(3) The Minister may, by order published in the Gazette,
declare a law of another State to be an interstate law for
the purposes of this Part if satisfied that the law
25 substantially corresponds to this Part.
(4) The Minister may, by order published in the Gazette,
declare an office or position in another State to be an
office or position the holder of which is the interstate
officer in relation to that State for the purposes of this
30 Part.
page 12
Child Welfare Amendment Bill 2001
s. 10
Division 2 -- Transfer of child protection orders
Subdivision 1 -- Administrative transfers
120C. When Director-General may transfer order
(1) The Director-General may transfer a home order to a
5 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;
10 (b) the home order is not subject to an appeal and
the time for instituting an appeal has expired;
and
(c) the relevant interstate officer has consented in
writing to the transfer and to the proposed
15 terms of the order to be transferred (the
"proposed interstate order").
(2) The Director-General may include in the proposed
interstate order any conditions that could be included in
a child protection order of that type made in the
20 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 Director-General shall not take into account
25 the period for which it is possible to make such an
order in that State.
(4) The Director-General shall determine, and specify in
the proposed interstate order, the period for which it is
to remain in force.
page 13
Child Welfare Amendment Bill 2001
s. 10
(5) The period is to be the lesser of --
(a) the period for which the home order would
have remained in force if it were not transferred
to the relevant participating State; and
5 (b) the maximum period for which a child
protection order of that type made in the
relevant participating State could remain in
force.
120D. Director-General to have regard to certain matters
10 In determining whether to transfer a home order to a
participating State, the Director-General shall have
regard to --
(a) whether the Director-General or an interstate
officer is in the better position to exercise
15 powers and responsibilities under a child
protection order relating to the child; and
(b) the desirability of a child protection order being
an order under the child welfare law of the
State where the child resides.
20 120E. Notification of decision to transfer
(1) If the Director-General has decided to transfer a home
order to a participating State, the Director-General
shall cause notice of the decision to be given to --
(a) the child if the child has reached 10 years of
25 age unless the Director-General considers that
the child is not sufficiently mature to
understand the transfer and its consequences;
(b) the child's parents; and
(c) any other person considered by the
30 Director-General to have a direct interest in the
care, welfare or development of the child,
as soon as practicable but in any event no later than
3 working days after the decision was made.
page 14
Child Welfare Amendment Bill 2001
s. 10
(2) A notice under subsection (1) is to --
(a) state the date of the decision; and
(b) state that a person who wishes to apply to the
Supreme Court for judicial review of the
5 decision shall institute the proceeding, and give
written notice of it to the Director-General,
within 21 working days after the date of the
decision.
(3) Notice is not required to be given to a person under
10 subsection (1) if it cannot be given after all reasonable
efforts.
120F. Limited period for review of decision
(1) A proceeding in the Supreme Court for judicial review
of a decision of the Director-General to transfer a home
15 order to a participating State shall be instituted, and
written notice of it shall be given to the
Director-General, within 21 working days after the date
of the decision.
(2) The Supreme Court cannot extend the time fixed by
20 subsection (1).
(3) Subject to subsections (1) and (2), a proceeding
referred to in subsection (1) shall be brought in
accordance with the Supreme Court's rules of court.
(4) The institution of a proceeding referred to in
25 subsection (1) and the giving of written notice of it to
the Director-General stays the operation of the decision
pending the determination of the proceeding.
page 15
Child Welfare Amendment Bill 2001
s. 10
Subdivision 2 -- Judicial transfers
120G. When court may transfer order
The court may make an order transferring a home order
to a participating State if --
5 (a) an application for the making of the order is
made by the Director-General;
(b) the home order is not subject to an appeal and
the time for instituting an appeal has expired;
and
10 (c) the relevant interstate officer has consented in
writing to the transfer and to the proposed
terms of the order to be transferred.
120H. Service of application
The Director-General shall, as soon as possible after
15 making an application referred to in section 120G(a),
cause a copy of it to be given to --
(a) any person who was a party to the proceedings
in which the home order to be transferred was
made; and
20 (b) any other person considered by the
Director-General to have a direct interest in the
care, welfare or development of the child.
120I. Court to have regard to certain matters
In determining what order to make on an application
25 under this Subdivision the court shall have regard to --
(a) whether the Director-General or an interstate
officer is in the better position to exercise
powers and responsibilities under a child
protection order relating to the child; and
page 16
Child Welfare Amendment Bill 2001
s. 10
(b) the desirability of a child protection order being
an order under the child welfare law of the
State where the child resides.
120J. Type of order
5 (1) If the court determines to transfer a home order to a
participating State, the proposed terms of the order to
be transferred (the "proposed interstate order") shall
be terms that could be the terms of a child protection
order made under the child welfare law of the
10 participating State and that the court believes to be --
(a) to the same or a similar effect as the terms of
the home order; or
(b) otherwise in the best interests of the child.
(2) The court may include in the proposed interstate order
15 any conditions that could be included in a child
protection order of that type made in the relevant
participating State.
(3) In determining whether an order to the same or a
similar effect as the home order could be made under
20 the child welfare law of a participating State, the court
shall not take into account the period for which it is
possible to make such an order in that State.
(4) The court shall determine, and specify in the proposed
interstate order, the period for which it is to remain in
25 force.
(5) The period shall not be longer than the maximum
period for which a child protection order of that type
made in the relevant participating State could remain in
force.
page 17
Child Welfare Amendment Bill 2001
s. 10
120K. Court shall consider report from the
Director-General
The court shall not make an order under section 120G
in relation to a child unless it has received and
5 considered a report from the Director-General
regarding the child.
120L. Appeals
(1) A party to an application for an order under
section 120G may appeal to the Supreme Court, on a
10 question of law, from a final order made in that
proceeding transferring, or refusing to transfer, a home
order to a participating State.
(2) An appeal under subsection (1) --
(a) shall be instituted, and (except where instituted
15 by the Director-General) written notice of it
shall be given to the Director-General, within
10 working days after the day on which the
order appealed from was made; and
(b) operates as a stay of the order.
20 (3) The Supreme Court cannot extend the time fixed by
subsection (2)(a).
(4) Subject to subsections (2) and (3), an appeal under
subsection (1) shall be brought in accordance with the
Supreme Court's rules of court.
25 (5) The Supreme Court shall hear and determine the appeal
as expeditiously as possible.
(6) Pending the determination of the appeal, the Supreme
Court may make any order that the court can make
under section 29(3aa).
page 18
Child Welfare Amendment Bill 2001
s. 10
(7) On determining the appeal, the Supreme Court may
make such order as it thinks appropriate, including an
order remitting the case for rehearing to the court with
or without any direction in law.
5 (8) An order made by the Supreme Court on an appeal
under subsection (1), other than an order remitting the
case for rehearing to the court, may be enforced as an
order of the Supreme Court.
Division 3 -- Transfer of child protection proceedings
10 120M. When court may make order under this Division
(1) The court may make an order transferring a child
protection proceeding pending in the court to the
Children's Court in a participating State if --
(a) an application for the making of the order is
15 made by the Director-General; and
(b) the relevant interstate officer has consented in
writing to the transfer.
(2) The proceeding is discontinued in the court on the
registration in the Children's Court in the participating
20 State in accordance with the interstate law of an order
referred to in subsection (1).
120N. Service of application
The Director-General shall, as soon as possible after
making an application referred to in
25 section 120M(1)(a), cause a copy of it to be given to --
(a) each party to the child protection proceeding
the subject of the application; and
(b) any other person considered by the
Director-General to have a direct interest in the
30 care, welfare or development of the child.
page 19
Child Welfare Amendment Bill 2001
s. 10
120O. Court to have regard to certain matters
(1) In determining whether to make an order under
section 120M(1) the court shall have regard to --
(a) whether any other proceedings relating to the
5 child are pending, or have previously been
heard and determined, under the child welfare
law in the participating State;
(b) the place where any of the matters giving rise to
the proceeding in the court arose;
10 (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;
(d) whether the Director-General or an interstate
officer is in the better position to exercise
15 powers and responsibilities under a child
protection order relating to the child;
(e) the desirability of a child protection order being
an order under the child welfare law of the
State where the child resides; and
20 (f) any information given to the court under
subsection (2).
(2) If the Director-General is aware that --
(a) a sentence or order imposed under the
Sentencing Act 1995 or the Young Offenders
25 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 120M(1)(a) relates; or
(b) a criminal proceeding is pending against that
30 child in any court,
the Director-General shall, as soon as possible, inform
the court of that fact and of the details of the sentence,
order or pending criminal proceeding.
page 20
Child Welfare Amendment Bill 2001
s. 10
120P. Interim order
(1) If the court makes an order under section 120M(1), the
court may also make an interim order.
(2) An interim order --
5 (a) may place the child in the care of any person,
subject to any conditions that the court
considers to be appropriate; and
(b) may give responsibility for the supervision of
the child to the interstate officer in the
10 participating State or any other person in that
State to whom responsibility for the supervision
of a child could be given under the child
welfare law of that State.
(3) An interim order remains in force for the period (not
15 exceeding 30 days) specified in the order.
(4) The Children's Court in the participating State may
vary or revoke, or extend the period of, an interim
order in accordance with the relevant interstate law.
120Q. Appeals
20 (1) A party to an application for an order under
section 120M(1) may appeal to the Supreme Court, on
a question of law, from a final order made in that
proceeding transferring, or refusing to transfer, a child
protection proceeding to a participating State.
25 (2) An appeal under subsection (1) --
(a) shall be instituted, and (except where instituted
by the Director-General) written notice of it
shall be given to the Director-General, within
10 working days after the day on which the
30 order appealed from was made; and
page 21
Child Welfare Amendment Bill 2001
s. 10
(b) operates as a stay of the order but not of any
interim order made at the same time as the
order.
(3) The Supreme Court cannot extend the time fixed by
5 subsection (2)(a).
(4) Subject to subsections (2) and (3), an appeal under
subsection (1) shall be brought in accordance with the
Supreme Court's rules of court.
(5) The Supreme Court shall hear and determine the appeal
10 as expeditiously as possible.
(6) On determining the appeal, the Supreme Court may
make such order as it thinks appropriate, including an
order remitting the case for rehearing to the court with
or without any direction in law.
15 (7) An order made by the Supreme Court on an appeal
under subsection (1), other than an order remitting the
case for rehearing to the court, may be enforced as an
order of the Supreme Court.
(8) The Supreme Court may --
20 (a) if an interim order was made at the same time
as the order appealed from, make an order --
(i) staying the operation of the interim
order;
(ii) varying or revoking the interim order; or
25 (iii) extending the period of the interim
order;
and
(b) make any order pending the determination of
the appeal that the court can make under
30 section 29(3aa).
page 22
Child Welfare Amendment Bill 2001
s. 10
Division 4 -- Registration
120R. Filing of interstate orders in the court
(1) Subject to subsection (3), the Director-General shall, as
soon as possible, file in the court a copy of a child
5 protection order transferred to this State under an
interstate law.
(2) Subject to subsection (3), the Director-General shall, as
soon as possible, file in the court a copy of an order
under an interstate law to transfer a child protection
10 proceeding to this State, together with a copy of any
interim order made at the same time.
(3) The Director-General shall not file in the court a copy
of a child protection order or of an order to transfer a
child protection proceeding if, under the interstate
15 law --
(a) the decision or order to transfer the child
protection order or the order to transfer the
child protection proceeding (as the case
requires) is subject to appeal or review or a
20 stay; or
(b) the time for instituting an appeal or seeking a
review has not expired.
120S. Registration of interstate orders
If the Director-General files a copy of an order in the
25 court under section 120R, the clerk of the court shall
register the order.
120T. Notification by clerk of court
The clerk of the court shall immediately notify the
appropriate officer of the Children's Court in the
page 23
Child Welfare Amendment Bill 2001
s. 10
sending State and the interstate officer in that State
of --
(a) the registration of an order under section 120S;
or
5 (b) the revocation under section 120V of the
registration of an order.
120U. Effect of registration
(1) A child protection order registered in the court under
section 120S is to be taken for all purposes (except for
10 the purposes of appeal) to be an order made by the
court under section 30 on the day on which the order is
registered, and the provisions of Part IV apply
accordingly.
(2) An interim order registered in the court under
15 section 120S is to be taken for all purposes (except for
the purposes of appeal) to be an order made by the
court under section 29(3aa) on the day on which the
order is registered, and the provisions of Part IV apply
accordingly.
20 (3) If an order under an interstate law to transfer a child
protection proceeding to this State is registered under
section 120S, the proceeding is to be taken to have
been commenced in the court, under Part IV, on the
day on which the order is registered.
25 120V. Revocation of registration
(1) An application for the revocation of the registration of
an order under section 120S may be made to the court
by --
(a) the Director-General;
30 (b) the child concerned;
(c) a parent of the child concerned; or
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Child Welfare Amendment Bill 2001
s. 10
(d) a party to the proceeding in the Children's
Court in the sending State in which the decision
to transfer the order or proceeding (as the case
requires) was made.
5 (2) The clerk of the court shall cause a copy of an
application made under subsection (1) to be given as
soon as possible to --
(a) the relevant interstate officer; and
(b) any person by whom the application could have
10 been made.
(3) The court may only revoke the registration of an order
if satisfied that it was inappropriately registered
because, under the interstate law --
(a) the decision or order to transfer the child
15 protection order or the order to transfer the
child protection proceeding (as the case
requires) was at the time of registration subject
to appeal or review or a stay; or
(b) the time for instituting an appeal or seeking a
20 review had not expired.
(4) If the registration of an order is revoked, the clerk of
the court shall cause the copy of the order to be sent to
the Children's Court in the sending State.
(5) The revocation of the registration of an order does not
25 prevent the later re-registration of that order.
Division 5 -- Miscellaneous
120W. Effect of registration of transferred order
(1) In this section --
"transferred order" means a child protection order
30 transferred to a participating State under
section 120C(1) or 120G.
page 25
Child Welfare Amendment Bill 2001
s. 10
(2) A home order ceases to have effect on the registration
of the transferred order under an interstate law of the
participating State.
(3) A home order that has ceased to have effect under
5 subsection (2) is revived if the registration of the
transferred order is revoked under an interstate law of
the participating State.
(4) The period for which a home order is revived is the
balance of the period for which it would have remained
10 in force but for the registration of the transferred order.
120X. Transfer of court file
The clerk of the court shall cause all documents filed in
the court in connection with a child protection
proceeding, and an extract from any part of the register
15 that relates to a child protection proceeding, to be sent
to the Children's Court in a participating State if, under
this Part --
(a) the child protection order or proceeding is
transferred to the participating State;
20 (b) the decision or order to transfer the child
protection order or the order to transfer the
child protection proceeding (as the case
requires) is not subject to appeal or review or a
stay; and
25 (c) the time for instituting an appeal or seeking a
review has expired.
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Child Welfare Amendment Bill 2001
s. 10
120Y. Hearing and determination of transferred
proceeding
In hearing and determining a child protection
proceeding transferred to the court under an interstate
5 law, the court --
(a) is not bound by any finding of fact made in the
proceeding in the Children's Court in the
sending State before its transfer; and
(b) may have regard to the transcript of, or any
10 evidence adduced in, the proceeding referred to
in paragraph (a).
120Z. Disclosure of information
(1) Despite anything to the contrary in this Act, the
Director-General may disclose to an interstate officer
15 any information that has come to his or her notice in
the performance of duties or exercise of powers under
this Act if the Director-General considers that it is
necessary to do so to enable the interstate officer to
perform duties or exercise powers under a child
20 welfare law or an interstate law.
(2) Any information disclosed to the Director-General
under a provision of a child welfare law or an interstate
law that substantially corresponds to subsection (1) is
to be taken for the purposes of any provision of this
25 Act relating to the disclosure of information to have
been information given directly to the Director-General
instead of to an interstate officer.
120ZA. Discretion of Director-General to consent to
transfer
30 (1) If, under an interstate law, there is a proposal to
transfer a child protection order to this State, the
Director-General may consent or refuse to consent to
the transfer and the proposed terms of the child
protection order to be transferred.
page 27
Child Welfare Amendment Bill 2001
s. 10
(2) If, under an interstate law, there is a proposal to
transfer a child protection proceeding to the court, the
Director-General may consent or refuse to consent to
the transfer.
5 120ZB. Evidence of consent of relevant interstate officer
A document or copy of a document --
(a) purporting to be the written consent of the
relevant interstate officer to --
(i) the transfer of a child protection order to
10 a participating State and to the proposed
terms of the child protection order to be
transferred; or
(ii) the transfer of a child protection
proceeding pending in the court to the
15 Children's Court in a participating State;
and
(b) purporting to be signed by the relevant
interstate officer or his or her delegate,
is admissible in evidence in any proceeding under this
20 Part and, in the absence of evidence to the contrary, is
proof that consent in the terms appearing in the
document was duly given by the relevant interstate
officer.
".
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