{"id":"qld:act-2003-057","name":"Child Protection (International Measures) Act 2003","slug":"child-protection-international-measures-act-2003","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"57 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30803,"registerId":"qld-act-2003-057-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Child Protection (International Measures) Act 2003 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nSchedule 3 commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purposes of Act","content":"### sec.3 Main purposes of Act\n\nThe main purposes of this Act are to recognise—\nthe importance of international co-operation for the protection of children; and\nthe need to avoid conflict between the legal systems of different countries about the jurisdiction, applicable law, recognition and enforcement of measures for the protection of children; and\nthat a child’s best interests are a primary consideration in relation to a measure for protecting the person of the child or a measure for protecting the child’s property.\n- (a) the importance of international co-operation for the protection of children; and\n- (b) the need to avoid conflict between the legal systems of different countries about the jurisdiction, applicable law, recognition and enforcement of measures for the protection of children; and\n- (c) that a child’s best interests are a primary consideration in relation to a measure for protecting the person of the child or a measure for protecting the child’s property.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Application of Act","content":"### sec.4 Application of Act\n\nThis Act does not apply to a matter to which the Child Protection Convention does not apply under Article 4 of the Convention.\nThis Act does not apply in relation to matters dealt with under an arrangement with New Zealand under the Child Protection Act 1999 , chapter 7 , parts 1 to 6 .\nTo the extent that this Act and an arrangement referred to in subsection (2) are inconsistent in providing for the exercise of jurisdiction by a Queensland authority or a competent authority in a Convention country, this Act prevails.\nIn addition to measures to which the Child Protection Convention applies under Article 53 , this Act applies to a measure taken in another country before the Convention has entered into force for that country if, at all relevant times that action is taken under this Act in relation to the measure, the Convention is in force for that country and Australia.\n(sec.4-ssec.1) This Act does not apply to a matter to which the Child Protection Convention does not apply under Article 4 of the Convention.\n(sec.4-ssec.2) This Act does not apply in relation to matters dealt with under an arrangement with New Zealand under the Child Protection Act 1999 , chapter 7 , parts 1 to 6 .\n(sec.4-ssec.3) To the extent that this Act and an arrangement referred to in subsection (2) are inconsistent in providing for the exercise of jurisdiction by a Queensland authority or a competent authority in a Convention country, this Act prevails.\n(sec.4-ssec.4) In addition to measures to which the Child Protection Convention applies under Article 53 , this Act applies to a measure taken in another country before the Convention has entered into force for that country if, at all relevant times that action is taken under this Act in relation to the measure, the Convention is in force for that country and Australia.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons, including the State.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in schedule 4 defines particular words used in this Act.\nUnless the contrary intention appears, expressions used—\nin this Act; or\nin regulations made for the purposes of this Act;\nhave the same meaning as they have in the Child Protection Convention.\n(sec.6-ssec.1) The dictionary in schedule 4 defines particular words used in this Act.\n(sec.6-ssec.2) Unless the contrary intention appears, expressions used— in this Act; or in regulations made for the purposes of this Act; have the same meaning as they have in the Child Protection Convention.\n- (a) in this Act; or\n- (b) in regulations made for the purposes of this Act;","sortOrder":6},{"sectionNumber":"sec.7","sectionType":"section","heading":"Circumstances in which Queensland court may exercise jurisdiction","content":"### sec.7 Circumstances in which Queensland court may exercise jurisdiction\n\nIf, under this Act, a Queensland court may exercise jurisdiction for a matter, the court may exercise the jurisdiction for the matter—\non application by the department, litigation director or public trustee; or\non its own initiative.\nFor this Act, department, litigation director and public trustee may make applications to a Queensland court.\nSubsections (1) and (2) are not limited by, and do not limit, a provision made by or under this Act or another Act that states other persons may make an application under this Act or otherwise make a request to a Queensland court.\nAs mentioned in section 16 (2) (b) (iii) , a Queensland authority may exercise jurisdiction in relation to a child habitually resident in a Convention country only if the Queensland authority is requested to assume the jurisdiction by, or at the invitation of, a competent authority of the country of the child’s habitual residence or country of refuge.\ns 7 amd 2016 No. 23 s 89\n(sec.7-ssec.1) If, under this Act, a Queensland court may exercise jurisdiction for a matter, the court may exercise the jurisdiction for the matter— on application by the department, litigation director or public trustee; or on its own initiative.\n(sec.7-ssec.2) For this Act, department, litigation director and public trustee may make applications to a Queensland court.\n(sec.7-ssec.3) Subsections (1) and (2) are not limited by, and do not limit, a provision made by or under this Act or another Act that states other persons may make an application under this Act or otherwise make a request to a Queensland court. As mentioned in section 16 (2) (b) (iii) , a Queensland authority may exercise jurisdiction in relation to a child habitually resident in a Convention country only if the Queensland authority is requested to assume the jurisdiction by, or at the invitation of, a competent authority of the country of the child’s habitual residence or country of refuge.\n- (a) on application by the department, litigation director or public trustee; or\n- (b) on its own initiative.","sortOrder":7},{"sectionNumber":"pt.2","sectionType":"part","heading":"Jurisdiction for the person of a child","content":"# Jurisdiction for the person of a child","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Application of part","content":"### sec.8 Application of part\n\nThis part applies only if an issue under Queensland law is whether a Queensland court, the department or the litigation director, as opposed to any of the following authorities, is to take measures directed to the protection of the person of a child—\na central authority or competent authority of a Convention country;\na competent authority of a non-Convention country.\nThis part does not apply if an issue under Queensland law is whether a Queensland court, the department or the litigation director, as opposed to another competent authority of Australia, is to take measures directed to the protection of the person of a child.\ns 8 amd 2016 No. 23 s 90\n(sec.8-ssec.1) This part applies only if an issue under Queensland law is whether a Queensland court, the department or the litigation director, as opposed to any of the following authorities, is to take measures directed to the protection of the person of a child— a central authority or competent authority of a Convention country; a competent authority of a non-Convention country.\n(sec.8-ssec.2) This part does not apply if an issue under Queensland law is whether a Queensland court, the department or the litigation director, as opposed to another competent authority of Australia, is to take measures directed to the protection of the person of a child. s 8 amd 2016 No. 23 s 90\n- (a) a central authority or competent authority of a Convention country;\n- (b) a competent authority of a non-Convention country.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Matters relating to jurisdiction for the person of a child","content":"### sec.9 Matters relating to jurisdiction for the person of a child\n\nThis section applies if a Queensland authority has jurisdiction under Queensland law, apart from this Act, for a Queensland personal protection measure in relation to a child.\nThe Queensland authority may exercise jurisdiction for a Queensland personal protection measure only in relation to—\na child who is present and habitually resident in Australia; or\na child who is present in Australia and habitually resident in a Convention country, if—\nthe child’s protection requires taking the measure as a matter of urgency; or\nthe measure is provisional and limited in its territorial effect to Australia; or\nthe child is a refugee child; or\na request to assume jurisdiction is made to a Queensland court or the department by a competent authority of the country of the child’s habitual residence; or\na competent authority of the country of the child’s habitual residence agrees to a Queensland court or the department assuming jurisdiction; or\na child who is present in a Convention country, if—\nthe child is habitually resident in Australia; or\nthe child has been wrongfully removed from or retained outside Australia and Queensland authorities keep jurisdiction under Article 7 of the Child Protection Convention; or\na request to assume jurisdiction is made to a Queensland court or the department by a competent authority of the country of the child’s habitual residence or country of refuge; or\na competent authority of the country of the child’s habitual residence or country of refuge agrees to a Queensland court or the department assuming jurisdiction; or\na child who is present in Australia and is a refugee child; or\na child who is present in a non-Convention country, if—\nthe child is habitually resident in Australia; or\nthe child is habitually resident in a non-Convention country and is an Australian citizen; or\na child who is present in Australia, if the child is habitually resident in a non-Convention country.\nThe Queensland authority may only exercise jurisdiction under subsection (2) (b) (ii) if the measure is not incompatible with a foreign measure already taken by a competent authority of a Convention country under Articles 5 to 10 of the Child Protection Convention.\nSubsection (2) (a) to (d) is subject to the limitations in sections 10 , 11 and 13 .\ns 9 amd 2016 No. 23 s 91\n(sec.9-ssec.1) This section applies if a Queensland authority has jurisdiction under Queensland law, apart from this Act, for a Queensland personal protection measure in relation to a child.\n(sec.9-ssec.2) The Queensland authority may exercise jurisdiction for a Queensland personal protection measure only in relation to— a child who is present and habitually resident in Australia; or a child who is present in Australia and habitually resident in a Convention country, if— the child’s protection requires taking the measure as a matter of urgency; or the measure is provisional and limited in its territorial effect to Australia; or the child is a refugee child; or a request to assume jurisdiction is made to a Queensland court or the department by a competent authority of the country of the child’s habitual residence; or a competent authority of the country of the child’s habitual residence agrees to a Queensland court or the department assuming jurisdiction; or a child who is present in a Convention country, if— the child is habitually resident in Australia; or the child has been wrongfully removed from or retained outside Australia and Queensland authorities keep jurisdiction under Article 7 of the Child Protection Convention; or a request to assume jurisdiction is made to a Queensland court or the department by a competent authority of the country of the child’s habitual residence or country of refuge; or a competent authority of the country of the child’s habitual residence or country of refuge agrees to a Queensland court or the department assuming jurisdiction; or a child who is present in Australia and is a refugee child; or a child who is present in a non-Convention country, if— the child is habitually resident in Australia; or the child is habitually resident in a non-Convention country and is an Australian citizen; or a child who is present in Australia, if the child is habitually resident in a non-Convention country.\n(sec.9-ssec.3) The Queensland authority may only exercise jurisdiction under subsection (2) (b) (ii) if the measure is not incompatible with a foreign measure already taken by a competent authority of a Convention country under Articles 5 to 10 of the Child Protection Convention.\n(sec.9-ssec.4) Subsection (2) (a) to (d) is subject to the limitations in sections 10 , 11 and 13 .\n- (a) a child who is present and habitually resident in Australia; or\n- (b) a child who is present in Australia and habitually resident in a Convention country, if— (i) the child’s protection requires taking the measure as a matter of urgency; or (ii) the measure is provisional and limited in its territorial effect to Australia; or (iii) the child is a refugee child; or (iv) a request to assume jurisdiction is made to a Queensland court or the department by a competent authority of the country of the child’s habitual residence; or (v) a competent authority of the country of the child’s habitual residence agrees to a Queensland court or the department assuming jurisdiction; or\n- (i) the child’s protection requires taking the measure as a matter of urgency; or\n- (ii) the measure is provisional and limited in its territorial effect to Australia; or\n- (iii) the child is a refugee child; or\n- (iv) a request to assume jurisdiction is made to a Queensland court or the department by a competent authority of the country of the child’s habitual residence; or\n- (v) a competent authority of the country of the child’s habitual residence agrees to a Queensland court or the department assuming jurisdiction; or\n- (c) a child who is present in a Convention country, if— (i) the child is habitually resident in Australia; or (ii) the child has been wrongfully removed from or retained outside Australia and Queensland authorities keep jurisdiction under Article 7 of the Child Protection Convention; or (iii) a request to assume jurisdiction is made to a Queensland court or the department by a competent authority of the country of the child’s habitual residence or country of refuge; or (iv) a competent authority of the country of the child’s habitual residence or country of refuge agrees to a Queensland court or the department assuming jurisdiction; or\n- (i) the child is habitually resident in Australia; or\n- (ii) the child has been wrongfully removed from or retained outside Australia and Queensland authorities keep jurisdiction under Article 7 of the Child Protection Convention; or\n- (iii) a request to assume jurisdiction is made to a Queensland court or the department by a competent authority of the country of the child’s habitual residence or country of refuge; or\n- (iv) a competent authority of the country of the child’s habitual residence or country of refuge agrees to a Queensland court or the department assuming jurisdiction; or\n- (d) a child who is present in Australia and is a refugee child; or\n- (e) a child who is present in a non-Convention country, if— (i) the child is habitually resident in Australia; or (ii) the child is habitually resident in a non-Convention country and is an Australian citizen; or\n- (i) the child is habitually resident in Australia; or\n- (ii) the child is habitually resident in a non-Convention country and is an Australian citizen; or\n- (f) a child who is present in Australia, if the child is habitually resident in a non-Convention country.\n- (i) the child’s protection requires taking the measure as a matter of urgency; or\n- (ii) the measure is provisional and limited in its territorial effect to Australia; or\n- (iii) the child is a refugee child; or\n- (iv) a request to assume jurisdiction is made to a Queensland court or the department by a competent authority of the country of the child’s habitual residence; or\n- (v) a competent authority of the country of the child’s habitual residence agrees to a Queensland court or the department assuming jurisdiction; or\n- (i) the child is habitually resident in Australia; or\n- (ii) the child has been wrongfully removed from or retained outside Australia and Queensland authorities keep jurisdiction under Article 7 of the Child Protection Convention; or\n- (iii) a request to assume jurisdiction is made to a Queensland court or the department by a competent authority of the country of the child’s habitual residence or country of refuge; or\n- (iv) a competent authority of the country of the child’s habitual residence or country of refuge agrees to a Queensland court or the department assuming jurisdiction; or\n- (i) the child is habitually resident in Australia; or\n- (ii) the child is habitually resident in a non-Convention country and is an Australian citizen; or","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Limitation when a child is wrongfully removed from or retained outside a Convention country","content":"### sec.10 Limitation when a child is wrongfully removed from or retained outside a Convention country\n\nA Queensland authority must not, other than in a case of urgency, exercise jurisdiction under section 9 (2) (a) , (b) , (c) or (d) to take a Queensland personal protection measure relating to a child if—\nthe child has been wrongfully removed from or retained outside a Convention country; and\nan authority of the Convention country keeps jurisdiction under Article 7 of the Child Protection Convention.\n- (a) the child has been wrongfully removed from or retained outside a Convention country; and\n- (b) an authority of the Convention country keeps jurisdiction under Article 7 of the Child Protection Convention.","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Limitations concerning prior proceedings in a Convention country","content":"### sec.11 Limitations concerning prior proceedings in a Convention country\n\nThis section applies to the exercise of jurisdiction by a Queensland authority under section 9 (2) (b) (iii) to (v) or (c) .\nIf the Queensland authority is a Queensland court, before the court exercises the jurisdiction, it must order the department—\nto use the department’s best efforts to consult with the competent authorities in the Convention country to find out whether measures relating to the protection of the person of the child have been sought from the competent authorities; and\nto report to the court about the outcome of those efforts.\nIf the Queensland authority is the department, before the department exercises the jurisdiction, the department must use its best efforts to consult with the competent authorities in the Convention country—\nto find out whether measures relating to the protection of the person of the child have been sought from the competent authorities; and\nto decide the most appropriate course of action.\nIf the Queensland authority is the litigation director, before the director exercises the jurisdiction, the director must be satisfied the department has used its best efforts to consult with the competent authorities in the Convention country to find out whether measures relating to the protection of the person of the child have been sought from the competent authorities.\ns 11 amd 2016 No. 23 s 92\n(sec.11-ssec.1) This section applies to the exercise of jurisdiction by a Queensland authority under section 9 (2) (b) (iii) to (v) or (c) .\n(sec.11-ssec.2) If the Queensland authority is a Queensland court, before the court exercises the jurisdiction, it must order the department— to use the department’s best efforts to consult with the competent authorities in the Convention country to find out whether measures relating to the protection of the person of the child have been sought from the competent authorities; and to report to the court about the outcome of those efforts.\n(sec.11-ssec.3) If the Queensland authority is the department, before the department exercises the jurisdiction, the department must use its best efforts to consult with the competent authorities in the Convention country— to find out whether measures relating to the protection of the person of the child have been sought from the competent authorities; and to decide the most appropriate course of action.\n(sec.11-ssec.4) If the Queensland authority is the litigation director, before the director exercises the jurisdiction, the director must be satisfied the department has used its best efforts to consult with the competent authorities in the Convention country to find out whether measures relating to the protection of the person of the child have been sought from the competent authorities. s 11 amd 2016 No. 23 s 92\n- (a) to use the department’s best efforts to consult with the competent authorities in the Convention country to find out whether measures relating to the protection of the person of the child have been sought from the competent authorities; and\n- (b) to report to the court about the outcome of those efforts.\n- (a) to find out whether measures relating to the protection of the person of the child have been sought from the competent authorities; and\n- (b) to decide the most appropriate course of action.","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"If a Queensland authority is asked to assume jurisdiction","content":"### sec.12 If a Queensland authority is asked to assume jurisdiction\n\nA Queensland authority other than the litigation director may, if it considers that it is in the child’s best interests, accept or reject a request made under Article 8 of the Child Protection Convention by a competent authority of a Convention country for the Queensland authority to assume jurisdiction to take a Queensland personal protection measure relating to the child.\nIf the Queensland authority is a Queensland court, the court may order the department to do both of the following in a way that the department considers appropriate—\nto request, under Article 9 of the Child Protection Convention, that a competent authority of a Convention country agree to the Queensland court assuming jurisdiction to take a Queensland personal protection measure relating to the child;\nto report to the court about the outcome of the request.\nThe Queensland court may only make the order under subsection (2) if it considers that it is better placed than the competent authority to assess the child’s best interests.\ns 12 amd 2016 No. 23 s 93\n(sec.12-ssec.1) A Queensland authority other than the litigation director may, if it considers that it is in the child’s best interests, accept or reject a request made under Article 8 of the Child Protection Convention by a competent authority of a Convention country for the Queensland authority to assume jurisdiction to take a Queensland personal protection measure relating to the child.\n(sec.12-ssec.2) If the Queensland authority is a Queensland court, the court may order the department to do both of the following in a way that the department considers appropriate— to request, under Article 9 of the Child Protection Convention, that a competent authority of a Convention country agree to the Queensland court assuming jurisdiction to take a Queensland personal protection measure relating to the child; to report to the court about the outcome of the request.\n(sec.12-ssec.3) The Queensland court may only make the order under subsection (2) if it considers that it is better placed than the competent authority to assess the child’s best interests. s 12 amd 2016 No. 23 s 93\n- (a) to request, under Article 9 of the Child Protection Convention, that a competent authority of a Convention country agree to the Queensland court assuming jurisdiction to take a Queensland personal protection measure relating to the child;\n- (b) to report to the court about the outcome of the request.","sortOrder":13},{"sectionNumber":"sec.13","sectionType":"section","heading":"Limitation if a competent authority of Convention country is asked to assume jurisdiction","content":"### sec.13 Limitation if a competent authority of Convention country is asked to assume jurisdiction\n\nA Queensland court may order the department to request, in a way the department considers appropriate, a competent authority described in Article 8 , paragraph 2 of the Child Protection Convention—\nto assume jurisdiction under Article 8 of the Convention for protecting the person of a child; and\nas the competent authority considers necessary, to take measures to protect the person of a child; and\nto report to the court about the outcome of the request.\nIn addition, the Queensland court may make any other order it considers necessary for an order under subsection (1) .\nThe Queensland court may only make the order under subsection (1) if the court considers that the competent authority is better placed to assess the child’s best interests.\nThe Queensland court may accept or reject a request under Article 9 of the Child Protection Convention made by a competent authority of a Convention country described in Article 8 , paragraph 2 of the Convention, for the competent authority to assume jurisdiction to take a measure for protecting the person of the child.\nIf the competent authority assumes jurisdiction under the request, a Queensland court must not exercise jurisdiction under section 9 (2) (a) , (b) (iii) to (v) , (c) or (d) , while the competent authority continues to exercise its jurisdiction.\n(sec.13-ssec.1) A Queensland court may order the department to request, in a way the department considers appropriate, a competent authority described in Article 8 , paragraph 2 of the Child Protection Convention— to assume jurisdiction under Article 8 of the Convention for protecting the person of a child; and as the competent authority considers necessary, to take measures to protect the person of a child; and to report to the court about the outcome of the request.\n(sec.13-ssec.2) In addition, the Queensland court may make any other order it considers necessary for an order under subsection (1) .\n(sec.13-ssec.3) The Queensland court may only make the order under subsection (1) if the court considers that the competent authority is better placed to assess the child’s best interests.\n(sec.13-ssec.4) The Queensland court may accept or reject a request under Article 9 of the Child Protection Convention made by a competent authority of a Convention country described in Article 8 , paragraph 2 of the Convention, for the competent authority to assume jurisdiction to take a measure for protecting the person of the child.\n(sec.13-ssec.5) If the competent authority assumes jurisdiction under the request, a Queensland court must not exercise jurisdiction under section 9 (2) (a) , (b) (iii) to (v) , (c) or (d) , while the competent authority continues to exercise its jurisdiction.\n- (a) to assume jurisdiction under Article 8 of the Convention for protecting the person of a child; and\n- (b) as the competent authority considers necessary, to take measures to protect the person of a child; and\n- (c) to report to the court about the outcome of the request.","sortOrder":14},{"sectionNumber":"sec.14","sectionType":"section","heading":"When a certain Queensland personal protection measure lapses","content":"### sec.14 When a certain Queensland personal protection measure lapses\n\nA Queensland personal protection measure relating to a child that is taken in response to a particular situation by a Queensland authority exercising jurisdiction under section 9 (2) (b) (i) or (ii) lapses if a foreign personal protection measure relating to the child, that is taken in response to the same situation, is recognised by registration under section 25 .\nA Queensland personal protection measure relating to a child that is taken in response to a particular situation by a Queensland authority exercising jurisdiction in a case of urgency, or in the taking of a measure of a provisional character, lapses if—\na measure for protecting the person of the child, that is taken in response to the same situation, is taken by a competent authority of a non-Convention country; and\nthe measure is recognised under Queensland law or under the law of another State.\n(sec.14-ssec.1) A Queensland personal protection measure relating to a child that is taken in response to a particular situation by a Queensland authority exercising jurisdiction under section 9 (2) (b) (i) or (ii) lapses if a foreign personal protection measure relating to the child, that is taken in response to the same situation, is recognised by registration under section 25 .\n(sec.14-ssec.2) A Queensland personal protection measure relating to a child that is taken in response to a particular situation by a Queensland authority exercising jurisdiction in a case of urgency, or in the taking of a measure of a provisional character, lapses if— a measure for protecting the person of the child, that is taken in response to the same situation, is taken by a competent authority of a non-Convention country; and the measure is recognised under Queensland law or under the law of another State.\n- (a) a measure for protecting the person of the child, that is taken in response to the same situation, is taken by a competent authority of a non-Convention country; and\n- (b) the measure is recognised under Queensland law or under the law of another State.","sortOrder":15},{"sectionNumber":"pt.3","sectionType":"part","heading":"Jurisdiction for decisions about a guardian of a child’s property","content":"# Jurisdiction for decisions about a guardian of a child’s property","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"Application of this part","content":"### sec.15 Application of this part\n\nThis part applies only if an issue under Queensland law is whether a Queensland court or the public trustee, as opposed to any of the following authorities, is to appoint, or determine the powers of, a guardian of a child’s property—\na central authority or competent authority of a Convention country;\na competent authority of a non-Convention country.\nThis part does not apply if an issue under Queensland law is whether a Queensland court or the public trustee, as opposed to another competent authority of Australia, is to appoint, or determine the powers of, a guardian of a child’s property.\n(sec.15-ssec.1) This part applies only if an issue under Queensland law is whether a Queensland court or the public trustee, as opposed to any of the following authorities, is to appoint, or determine the powers of, a guardian of a child’s property— a central authority or competent authority of a Convention country; a competent authority of a non-Convention country.\n(sec.15-ssec.2) This part does not apply if an issue under Queensland law is whether a Queensland court or the public trustee, as opposed to another competent authority of Australia, is to appoint, or determine the powers of, a guardian of a child’s property.\n- (a) a central authority or competent authority of a Convention country;\n- (b) a competent authority of a non-Convention country.","sortOrder":17},{"sectionNumber":"sec.16","sectionType":"section","heading":"Matters relating to jurisdiction to appoint, or determine the powers of, a guardian of a child’s property","content":"### sec.16 Matters relating to jurisdiction to appoint, or determine the powers of, a guardian of a child’s property\n\nThis section applies if a Queensland authority has jurisdiction under Queensland law, apart from this Act, for a Queensland property protection measure in relation to a child.\nThe Queensland authority may exercise jurisdiction for a Queensland property protection measure only in relation to—\na child who is habitually resident in Australia; or\na child who is habitually resident in a Convention country, if—\nthe protection of the child’s property in Australia requires taking the measure as a matter of urgency; or\nthe measure is provisional and limited in its territorial effect to property in Australia; or\na request to assume jurisdiction is made to the Queensland authority by, or at the invitation of, a competent authority of the country of the child’s habitual residence or country of refuge; or\na competent authority of the country of the child’s habitual residence or country of refuge agrees to the Queensland authority assuming jurisdiction; or\nthe child has been wrongfully removed from or retained outside Australia and Queensland authorities keep jurisdiction under Article 7 of the Child Protection Convention; or\na child who is present in Australia and is a refugee child; or\na child who is present in a non-Convention country, if—\nthe child is habitually resident in Australia; or\nthe child is habitually resident in a non-Convention country and is an Australian citizen; or\na child who is present in Australia, if the child is habitually resident in a non-Convention country.\nThe Queensland authority may only exercise jurisdiction under subsection (2) (b) (ii) if the measure is not incompatible with a foreign measure already taken by a competent authority of a Convention country under Articles 5 to 10 of the Child Protection Convention.\nSubsection (2) (a) to (c) is subject to the limitations in sections 17 , 18 and 20 .\n(sec.16-ssec.1) This section applies if a Queensland authority has jurisdiction under Queensland law, apart from this Act, for a Queensland property protection measure in relation to a child.\n(sec.16-ssec.2) The Queensland authority may exercise jurisdiction for a Queensland property protection measure only in relation to— a child who is habitually resident in Australia; or a child who is habitually resident in a Convention country, if— the protection of the child’s property in Australia requires taking the measure as a matter of urgency; or the measure is provisional and limited in its territorial effect to property in Australia; or a request to assume jurisdiction is made to the Queensland authority by, or at the invitation of, a competent authority of the country of the child’s habitual residence or country of refuge; or a competent authority of the country of the child’s habitual residence or country of refuge agrees to the Queensland authority assuming jurisdiction; or the child has been wrongfully removed from or retained outside Australia and Queensland authorities keep jurisdiction under Article 7 of the Child Protection Convention; or a child who is present in Australia and is a refugee child; or a child who is present in a non-Convention country, if— the child is habitually resident in Australia; or the child is habitually resident in a non-Convention country and is an Australian citizen; or a child who is present in Australia, if the child is habitually resident in a non-Convention country.\n(sec.16-ssec.3) The Queensland authority may only exercise jurisdiction under subsection (2) (b) (ii) if the measure is not incompatible with a foreign measure already taken by a competent authority of a Convention country under Articles 5 to 10 of the Child Protection Convention.\n(sec.16-ssec.4) Subsection (2) (a) to (c) is subject to the limitations in sections 17 , 18 and 20 .\n- (a) a child who is habitually resident in Australia; or\n- (b) a child who is habitually resident in a Convention country, if— (i) the protection of the child’s property in Australia requires taking the measure as a matter of urgency; or (ii) the measure is provisional and limited in its territorial effect to property in Australia; or (iii) a request to assume jurisdiction is made to the Queensland authority by, or at the invitation of, a competent authority of the country of the child’s habitual residence or country of refuge; or (iv) a competent authority of the country of the child’s habitual residence or country of refuge agrees to the Queensland authority assuming jurisdiction; or (v) the child has been wrongfully removed from or retained outside Australia and Queensland authorities keep jurisdiction under Article 7 of the Child Protection Convention; or\n- (i) the protection of the child’s property in Australia requires taking the measure as a matter of urgency; or\n- (ii) the measure is provisional and limited in its territorial effect to property in Australia; or\n- (iii) a request to assume jurisdiction is made to the Queensland authority by, or at the invitation of, a competent authority of the country of the child’s habitual residence or country of refuge; or\n- (iv) a competent authority of the country of the child’s habitual residence or country of refuge agrees to the Queensland authority assuming jurisdiction; or\n- (v) the child has been wrongfully removed from or retained outside Australia and Queensland authorities keep jurisdiction under Article 7 of the Child Protection Convention; or\n- (c) a child who is present in Australia and is a refugee child; or\n- (d) a child who is present in a non-Convention country, if— (i) the child is habitually resident in Australia; or (ii) the child is habitually resident in a non-Convention country and is an Australian citizen; or\n- (i) the child is habitually resident in Australia; or\n- (ii) the child is habitually resident in a non-Convention country and is an Australian citizen; or\n- (e) a child who is present in Australia, if the child is habitually resident in a non-Convention country.\n- (i) the protection of the child’s property in Australia requires taking the measure as a matter of urgency; or\n- (ii) the measure is provisional and limited in its territorial effect to property in Australia; or\n- (iii) a request to assume jurisdiction is made to the Queensland authority by, or at the invitation of, a competent authority of the country of the child’s habitual residence or country of refuge; or\n- (iv) a competent authority of the country of the child’s habitual residence or country of refuge agrees to the Queensland authority assuming jurisdiction; or\n- (v) the child has been wrongfully removed from or retained outside Australia and Queensland authorities keep jurisdiction under Article 7 of the Child Protection Convention; or\n- (i) the child is habitually resident in Australia; or\n- (ii) the child is habitually resident in a non-Convention country and is an Australian citizen; or","sortOrder":18},{"sectionNumber":"sec.17","sectionType":"section","heading":"Limitation when a child is wrongfully removed from or retained outside a Convention country","content":"### sec.17 Limitation when a child is wrongfully removed from or retained outside a Convention country\n\nA Queensland authority must not, other than in a case of urgency, exercise jurisdiction under section 16 (2) (a) , (b) or (c) to take a Queensland property protection measure relating to a child if—\nthe child has been wrongfully removed from or retained outside a Convention country; and\nan authority of the Convention country keeps jurisdiction under Article 7 of the Child Protection Convention.\n- (a) the child has been wrongfully removed from or retained outside a Convention country; and\n- (b) an authority of the Convention country keeps jurisdiction under Article 7 of the Child Protection Convention.","sortOrder":19},{"sectionNumber":"sec.18","sectionType":"section","heading":"Limitations when prior proceedings pending in a Convention country","content":"### sec.18 Limitations when prior proceedings pending in a Convention country\n\nThis section applies to the exercise of jurisdiction by a Queensland authority under section 16 (2) (a) , (b) (iii) to (v) or (c) .\nThe Queensland authority must not exercise that jurisdiction to take a Queensland property protection measure relating to a child if—\na corresponding measure has been sought from a competent authority of a Convention country and it was sought—\nif the Queensland authority is a Queensland court—before the proceedings were started in the court; or\nif the Queensland authority is the public trustee—before the public trustee exercises the jurisdiction; and\nany of the following applies—\nthe child is habitually resident in the Convention country;\nthe child is present in the Convention country and is a refugee child;\na request to assume jurisdiction is made to a competent authority of the country of the child’s habitual residence or country of refuge;\na competent authority of the country of the child’s habitual residence or country of refuge agrees to the competent authority assuming jurisdiction;\nthe competent authority of the Convention country is exercising jurisdiction in proceedings concerning the divorce or separation of the child’s parents or the annulment of their marriage (but see subsection (3) );\nthe child has been wrongfully removed from or retained outside the Convention country and a competent authority of the Convention country keeps jurisdiction under Article 7 of the Child Protection Convention.\nSubsection (2) (b) (v) only applies (subject to subsection (4) ) if—\none or both of the child’s parents are habitually resident in the Convention country when the proceedings referred to in that subparagraph are started; and\none or both of the parents have parental responsibility for the child; and\nthe jurisdiction of the competent authority of the Convention country to take the measure is accepted by the parents and each other person with parental responsibility for the child; and\nthe exercise of jurisdiction to take the measure is in the best interests of the child; and\nthe proceedings on the application for divorce or separation of the child’s parents or the annulment of their marriage have not been finalised.\nSubsection (2) does not apply if the competent authority of the Convention country has declined jurisdiction or is no longer considering taking the measure sought.\n(sec.18-ssec.1) This section applies to the exercise of jurisdiction by a Queensland authority under section 16 (2) (a) , (b) (iii) to (v) or (c) .\n(sec.18-ssec.2) The Queensland authority must not exercise that jurisdiction to take a Queensland property protection measure relating to a child if— a corresponding measure has been sought from a competent authority of a Convention country and it was sought— if the Queensland authority is a Queensland court—before the proceedings were started in the court; or if the Queensland authority is the public trustee—before the public trustee exercises the jurisdiction; and any of the following applies— the child is habitually resident in the Convention country; the child is present in the Convention country and is a refugee child; a request to assume jurisdiction is made to a competent authority of the country of the child’s habitual residence or country of refuge; a competent authority of the country of the child’s habitual residence or country of refuge agrees to the competent authority assuming jurisdiction; the competent authority of the Convention country is exercising jurisdiction in proceedings concerning the divorce or separation of the child’s parents or the annulment of their marriage (but see subsection (3) ); the child has been wrongfully removed from or retained outside the Convention country and a competent authority of the Convention country keeps jurisdiction under Article 7 of the Child Protection Convention.\n(sec.18-ssec.3) Subsection (2) (b) (v) only applies (subject to subsection (4) ) if— one or both of the child’s parents are habitually resident in the Convention country when the proceedings referred to in that subparagraph are started; and one or both of the parents have parental responsibility for the child; and the jurisdiction of the competent authority of the Convention country to take the measure is accepted by the parents and each other person with parental responsibility for the child; and the exercise of jurisdiction to take the measure is in the best interests of the child; and the proceedings on the application for divorce or separation of the child’s parents or the annulment of their marriage have not been finalised.\n(sec.18-ssec.4) Subsection (2) does not apply if the competent authority of the Convention country has declined jurisdiction or is no longer considering taking the measure sought.\n- (a) a corresponding measure has been sought from a competent authority of a Convention country and it was sought— (i) if the Queensland authority is a Queensland court—before the proceedings were started in the court; or (ii) if the Queensland authority is the public trustee—before the public trustee exercises the jurisdiction; and\n- (i) if the Queensland authority is a Queensland court—before the proceedings were started in the court; or\n- (ii) if the Queensland authority is the public trustee—before the public trustee exercises the jurisdiction; and\n- (b) any of the following applies— (i) the child is habitually resident in the Convention country; (ii) the child is present in the Convention country and is a refugee child; (iii) a request to assume jurisdiction is made to a competent authority of the country of the child’s habitual residence or country of refuge; (iv) a competent authority of the country of the child’s habitual residence or country of refuge agrees to the competent authority assuming jurisdiction; (v) the competent authority of the Convention country is exercising jurisdiction in proceedings concerning the divorce or separation of the child’s parents or the annulment of their marriage (but see subsection (3) ); (vi) the child has been wrongfully removed from or retained outside the Convention country and a competent authority of the Convention country keeps jurisdiction under Article 7 of the Child Protection Convention.\n- (i) the child is habitually resident in the Convention country;\n- (ii) the child is present in the Convention country and is a refugee child;\n- (iii) a request to assume jurisdiction is made to a competent authority of the country of the child’s habitual residence or country of refuge;\n- (iv) a competent authority of the country of the child’s habitual residence or country of refuge agrees to the competent authority assuming jurisdiction;\n- (v) the competent authority of the Convention country is exercising jurisdiction in proceedings concerning the divorce or separation of the child’s parents or the annulment of their marriage (but see subsection (3) );\n- (vi) the child has been wrongfully removed from or retained outside the Convention country and a competent authority of the Convention country keeps jurisdiction under Article 7 of the Child Protection Convention.\n- (i) if the Queensland authority is a Queensland court—before the proceedings were started in the court; or\n- (ii) if the Queensland authority is the public trustee—before the public trustee exercises the jurisdiction; and\n- (i) the child is habitually resident in the Convention country;\n- (ii) the child is present in the Convention country and is a refugee child;\n- (iii) a request to assume jurisdiction is made to a competent authority of the country of the child’s habitual residence or country of refuge;\n- (iv) a competent authority of the country of the child’s habitual residence or country of refuge agrees to the competent authority assuming jurisdiction;\n- (v) the competent authority of the Convention country is exercising jurisdiction in proceedings concerning the divorce or separation of the child’s parents or the annulment of their marriage (but see subsection (3) );\n- (vi) the child has been wrongfully removed from or retained outside the Convention country and a competent authority of the Convention country keeps jurisdiction under Article 7 of the Child Protection Convention.\n- (a) one or both of the child’s parents are habitually resident in the Convention country when the proceedings referred to in that subparagraph are started; and\n- (b) one or both of the parents have parental responsibility for the child; and\n- (c) the jurisdiction of the competent authority of the Convention country to take the measure is accepted by the parents and each other person with parental responsibility for the child; and\n- (d) the exercise of jurisdiction to take the measure is in the best interests of the child; and\n- (e) the proceedings on the application for divorce or separation of the child’s parents or the annulment of their marriage have not been finalised.","sortOrder":20},{"sectionNumber":"sec.19","sectionType":"section","heading":"If Queensland authority is asked to assume jurisdiction","content":"### sec.19 If Queensland authority is asked to assume jurisdiction\n\nA Queensland court may, if it considers that it is in the child’s best interests, accept or reject a request made under Article 8 of the Child Protection Convention by, or at the invitation of, a competent authority of a Convention country for the Queensland court to assume jurisdiction to take a Queensland property protection measure relating to the child.\nA Queensland court may order, or invite the parties to proceedings before the court to ask, the department or the public trustee to do both of the following in a way that the department or the public trustee considers appropriate—\nto request, under Article 9 of the Child Protection Convention, that a competent authority of a Convention country agree to the Queensland court assuming jurisdiction to take a Queensland property protection measure relating to the child;\nto report to the court about the outcome of the request.\nThe public trustee must—\napply to a Queensland court, under the Public Trustee Act 1978 , for an order that the public trustee may accept a request, under Article 9 of the Child Protection Convention, for the public trustee to assume jurisdiction to take a Queensland property protection measure relating to the child that the public trustee consider necessary; or\nreject the request.\nThe Queensland court may only—\nmake the order, or issue the invitation, under subsection (2) if it considers that it is better placed than the competent authority to assess the child’s best interests; or\nmake the order under subsection (3) (a) if it considers that the public trustee is better placed than the competent authority to assess the child’s best interests.\n(sec.19-ssec.1) A Queensland court may, if it considers that it is in the child’s best interests, accept or reject a request made under Article 8 of the Child Protection Convention by, or at the invitation of, a competent authority of a Convention country for the Queensland court to assume jurisdiction to take a Queensland property protection measure relating to the child.\n(sec.19-ssec.2) A Queensland court may order, or invite the parties to proceedings before the court to ask, the department or the public trustee to do both of the following in a way that the department or the public trustee considers appropriate— to request, under Article 9 of the Child Protection Convention, that a competent authority of a Convention country agree to the Queensland court assuming jurisdiction to take a Queensland property protection measure relating to the child; to report to the court about the outcome of the request.\n(sec.19-ssec.3) The public trustee must— apply to a Queensland court, under the Public Trustee Act 1978 , for an order that the public trustee may accept a request, under Article 9 of the Child Protection Convention, for the public trustee to assume jurisdiction to take a Queensland property protection measure relating to the child that the public trustee consider necessary; or reject the request.\n(sec.19-ssec.4) The Queensland court may only— make the order, or issue the invitation, under subsection (2) if it considers that it is better placed than the competent authority to assess the child’s best interests; or make the order under subsection (3) (a) if it considers that the public trustee is better placed than the competent authority to assess the child’s best interests.\n- (a) to request, under Article 9 of the Child Protection Convention, that a competent authority of a Convention country agree to the Queensland court assuming jurisdiction to take a Queensland property protection measure relating to the child;\n- (b) to report to the court about the outcome of the request.\n- (a) apply to a Queensland court, under the Public Trustee Act 1978 , for an order that the public trustee may accept a request, under Article 9 of the Child Protection Convention, for the public trustee to assume jurisdiction to take a Queensland property protection measure relating to the child that the public trustee consider necessary; or\n- (b) reject the request.\n- (a) make the order, or issue the invitation, under subsection (2) if it considers that it is better placed than the competent authority to assess the child’s best interests; or\n- (b) make the order under subsection (3) (a) if it considers that the public trustee is better placed than the competent authority to assess the child’s best interests.","sortOrder":21},{"sectionNumber":"sec.20","sectionType":"section","heading":"Limitation if a competent authority of a Convention country is asked to assume jurisdiction","content":"### sec.20 Limitation if a competent authority of a Convention country is asked to assume jurisdiction\n\nA Queensland court may order, or invite the parties to proceedings before the court to ask, the department or the public trustee to request, in a way the department or the public trustee considers appropriate, a competent authority described in Article 8 , paragraph 2 of the Child Protection Convention—\nto assume jurisdiction under Article 8 of the Convention for appointing, or deciding the powers of, a guardian of the child’s property; and\nas the competent authority considers necessary, to take a measure appointing, or deciding the powers of, a guardian of the child’s property; and\nto report to the court about the outcome of the request.\nIn addition, the Queensland court may make any other order it considers necessary for an order under subsection (1) .\nThe Queensland court may only make the order or issue the invitation under subsection (1) if the court considers that the competent authority is better placed to assess the child’s best interests.\nThe Queensland court may accept or reject a request under Article 9 of the Child Protection Convention made by, or at the invitation of, a competent authority of a Convention country described in Article 8 , paragraph 2 of the Convention, for the competent authority to assume jurisdiction to take measures for the protection of the child’s property.\nIf the competent authority assumes jurisdiction under the request, a Queensland court must not exercise jurisdiction under section 16 (2) (a) , (b) (iii) to (v) or (c) while the competent authority continues to exercise its jurisdiction.\n(sec.20-ssec.1) A Queensland court may order, or invite the parties to proceedings before the court to ask, the department or the public trustee to request, in a way the department or the public trustee considers appropriate, a competent authority described in Article 8 , paragraph 2 of the Child Protection Convention— to assume jurisdiction under Article 8 of the Convention for appointing, or deciding the powers of, a guardian of the child’s property; and as the competent authority considers necessary, to take a measure appointing, or deciding the powers of, a guardian of the child’s property; and to report to the court about the outcome of the request.\n(sec.20-ssec.2) In addition, the Queensland court may make any other order it considers necessary for an order under subsection (1) .\n(sec.20-ssec.3) The Queensland court may only make the order or issue the invitation under subsection (1) if the court considers that the competent authority is better placed to assess the child’s best interests.\n(sec.20-ssec.4) The Queensland court may accept or reject a request under Article 9 of the Child Protection Convention made by, or at the invitation of, a competent authority of a Convention country described in Article 8 , paragraph 2 of the Convention, for the competent authority to assume jurisdiction to take measures for the protection of the child’s property.\n(sec.20-ssec.5) If the competent authority assumes jurisdiction under the request, a Queensland court must not exercise jurisdiction under section 16 (2) (a) , (b) (iii) to (v) or (c) while the competent authority continues to exercise its jurisdiction.\n- (a) to assume jurisdiction under Article 8 of the Convention for appointing, or deciding the powers of, a guardian of the child’s property; and\n- (b) as the competent authority considers necessary, to take a measure appointing, or deciding the powers of, a guardian of the child’s property; and\n- (c) to report to the court about the outcome of the request.","sortOrder":22},{"sectionNumber":"sec.21","sectionType":"section","heading":"When a certain Queensland property protection measure lapses","content":"### sec.21 When a certain Queensland property protection measure lapses\n\nA Queensland property protection measure relating to a child that is taken in response to a particular situation by a Queensland authority exercising jurisdiction under section 16 (2) (b) (i) or (ii) lapses if—\na foreign property protection measure relating to the child, that is taken in response to the same situation, is taken by a competent authority of a Convention country; and\nany of the following applies—\nthe child is habitually resident in the Convention country;\nthe child is present in the Convention country and is a refugee child;\na request to assume jurisdiction is made to the competent authority of the Convention country by, or at the invitation of, a competent authority of the country of the child’s habitual residence;\na competent authority of the country of the child’s habitual residence agrees to the competent authority of the Convention country assuming jurisdiction;\na competent authority of the Convention country is exercising jurisdiction in proceedings concerning the divorce or separation of the child’s parents or the annulment of their marriage (but see subsection (2) );\nthe child has been wrongfully removed from or retained outside the Convention country and a competent authority of the Convention country keeps jurisdiction under Article 7 of the Child Protection Convention.\nSubsection (1) (b) (v) only applies if—\none or both of the child’s parents are habitually resident in the Convention country when the proceedings referred to in that subparagraph are started; and\none or both of the parents have parental responsibility for the child; and\nthe jurisdiction of the competent authority of the Convention country to take the measure is accepted by the parents and each other person with parental responsibility for the child; and\nthe exercise of jurisdiction to take the measure is in the best interests of the child; and\nthe proceedings on the application for divorce or separation of the child’s parents or the annulment of their marriage have not been finalised.\nA Queensland property protection measure relating to a child that is taken in response to a particular situation by a Queensland authority exercising jurisdiction in a case of urgency, or in the taking of a measure of a provisional character, lapses if—\na measure for the appointment, or the determination of the powers, of a guardian for the child’s property, that is taken in response to the same situation, is taken by a competent authority of a non-Convention country; and\nthe measure is recognised under Queensland law or under the law of another State.\n(sec.21-ssec.1) A Queensland property protection measure relating to a child that is taken in response to a particular situation by a Queensland authority exercising jurisdiction under section 16 (2) (b) (i) or (ii) lapses if— a foreign property protection measure relating to the child, that is taken in response to the same situation, is taken by a competent authority of a Convention country; and any of the following applies— the child is habitually resident in the Convention country; the child is present in the Convention country and is a refugee child; a request to assume jurisdiction is made to the competent authority of the Convention country by, or at the invitation of, a competent authority of the country of the child’s habitual residence; a competent authority of the country of the child’s habitual residence agrees to the competent authority of the Convention country assuming jurisdiction; a competent authority of the Convention country is exercising jurisdiction in proceedings concerning the divorce or separation of the child’s parents or the annulment of their marriage (but see subsection (2) ); the child has been wrongfully removed from or retained outside the Convention country and a competent authority of the Convention country keeps jurisdiction under Article 7 of the Child Protection Convention.\n(sec.21-ssec.2) Subsection (1) (b) (v) only applies if— one or both of the child’s parents are habitually resident in the Convention country when the proceedings referred to in that subparagraph are started; and one or both of the parents have parental responsibility for the child; and the jurisdiction of the competent authority of the Convention country to take the measure is accepted by the parents and each other person with parental responsibility for the child; and the exercise of jurisdiction to take the measure is in the best interests of the child; and the proceedings on the application for divorce or separation of the child’s parents or the annulment of their marriage have not been finalised.\n(sec.21-ssec.3) A Queensland property protection measure relating to a child that is taken in response to a particular situation by a Queensland authority exercising jurisdiction in a case of urgency, or in the taking of a measure of a provisional character, lapses if— a measure for the appointment, or the determination of the powers, of a guardian for the child’s property, that is taken in response to the same situation, is taken by a competent authority of a non-Convention country; and the measure is recognised under Queensland law or under the law of another State.\n- (a) a foreign property protection measure relating to the child, that is taken in response to the same situation, is taken by a competent authority of a Convention country; and\n- (b) any of the following applies— (i) the child is habitually resident in the Convention country; (ii) the child is present in the Convention country and is a refugee child; (iii) a request to assume jurisdiction is made to the competent authority of the Convention country by, or at the invitation of, a competent authority of the country of the child’s habitual residence; (iv) a competent authority of the country of the child’s habitual residence agrees to the competent authority of the Convention country assuming jurisdiction; (v) a competent authority of the Convention country is exercising jurisdiction in proceedings concerning the divorce or separation of the child’s parents or the annulment of their marriage (but see subsection (2) ); (vi) the child has been wrongfully removed from or retained outside the Convention country and a competent authority of the Convention country keeps jurisdiction under Article 7 of the Child Protection Convention.\n- (i) the child is habitually resident in the Convention country;\n- (ii) the child is present in the Convention country and is a refugee child;\n- (iii) a request to assume jurisdiction is made to the competent authority of the Convention country by, or at the invitation of, a competent authority of the country of the child’s habitual residence;\n- (iv) a competent authority of the country of the child’s habitual residence agrees to the competent authority of the Convention country assuming jurisdiction;\n- (v) a competent authority of the Convention country is exercising jurisdiction in proceedings concerning the divorce or separation of the child’s parents or the annulment of their marriage (but see subsection (2) );\n- (vi) the child has been wrongfully removed from or retained outside the Convention country and a competent authority of the Convention country keeps jurisdiction under Article 7 of the Child Protection Convention.\n- (i) the child is habitually resident in the Convention country;\n- (ii) the child is present in the Convention country and is a refugee child;\n- (iii) a request to assume jurisdiction is made to the competent authority of the Convention country by, or at the invitation of, a competent authority of the country of the child’s habitual residence;\n- (iv) a competent authority of the country of the child’s habitual residence agrees to the competent authority of the Convention country assuming jurisdiction;\n- (v) a competent authority of the Convention country is exercising jurisdiction in proceedings concerning the divorce or separation of the child’s parents or the annulment of their marriage (but see subsection (2) );\n- (vi) the child has been wrongfully removed from or retained outside the Convention country and a competent authority of the Convention country keeps jurisdiction under Article 7 of the Child Protection Convention.\n- (a) one or both of the child’s parents are habitually resident in the Convention country when the proceedings referred to in that subparagraph are started; and\n- (b) one or both of the parents have parental responsibility for the child; and\n- (c) the jurisdiction of the competent authority of the Convention country to take the measure is accepted by the parents and each other person with parental responsibility for the child; and\n- (d) the exercise of jurisdiction to take the measure is in the best interests of the child; and\n- (e) the proceedings on the application for divorce or separation of the child’s parents or the annulment of their marriage have not been finalised.\n- (a) a measure for the appointment, or the determination of the powers, of a guardian for the child’s property, that is taken in response to the same situation, is taken by a competent authority of a non-Convention country; and\n- (b) the measure is recognised under Queensland law or under the law of another State.","sortOrder":23},{"sectionNumber":"pt.4","sectionType":"part","heading":"Applicable law","content":"# Applicable law","sortOrder":24},{"sectionNumber":"sec.22","sectionType":"section","heading":"Applicable law generally","content":"### sec.22 Applicable law generally\n\nThis section applies to a Queensland authority exercising jurisdiction under part 2 or 3 .\nThe Queensland authority must apply Queensland law in exercising that jurisdiction, other than choice of law rules.\nHowever, the Queensland authority may in exceptional circumstances apply or take into account the law of another country with which—\na child has a substantial connection; or\na child’s property is substantially connected;\nif the Queensland authority considers the protection of the person of the child, or the child’s property, requires the authority to do so.\nIn this section—\nlaw does not include choice of law rules.\n(sec.22-ssec.1) This section applies to a Queensland authority exercising jurisdiction under part 2 or 3 .\n(sec.22-ssec.2) The Queensland authority must apply Queensland law in exercising that jurisdiction, other than choice of law rules.\n(sec.22-ssec.3) However, the Queensland authority may in exceptional circumstances apply or take into account the law of another country with which— a child has a substantial connection; or a child’s property is substantially connected; if the Queensland authority considers the protection of the person of the child, or the child’s property, requires the authority to do so.\n(sec.22-ssec.4) In this section— law does not include choice of law rules.\n- (a) a child has a substantial connection; or\n- (b) a child’s property is substantially connected;","sortOrder":25},{"sectionNumber":"pt.5","sectionType":"part","heading":"Recognition of foreign measures and their enforcement in Queensland","content":"# Recognition of foreign measures and their enforcement in Queensland","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Action on receipt of foreign personal protection measure","content":"### sec.23 Action on receipt of foreign personal protection measure\n\nThis section applies if the department is given either of the following documents, together with a request for the department to take an action under the Child Protection Convention—\na document that is a foreign personal protection measure relating to a child;\na document that, although it is not a foreign personal protection measure relating to a child, states details of a foreign personal protection measure relating to a child.\nAfter consulting with the competent authority of the country in which the foreign personal protection measure was taken, the department must do one of the following—\ngive the foreign personal protection measure to a registrar of a Queensland court for recognition of the measure by registration under section 25 ;\ngive the foreign personal protection measure to the Commonwealth central authority together with a request for the Commonwealth central authority to take action under the Child Protection Convention, including, for example, registration of the foreign measure under the Family Law Act 1975 (Cwlth) ;\nexercise the department’s jurisdiction under part 2 ;\nrefer the matter to the litigation director for the director to exercise the director’s jurisdiction under part 2 ;\napply to a Queensland court for the court—\nto exercise the court’s jurisdiction under part 2 ; or\nto decide whether or not the court should refuse recognition of the foreign measure under subsection (3) ;\nagree with the competent authority that the department will not do anything.\nA Queensland court may order a foreign personal protection measure relating to a child be refused recognition on any of the following grounds—\nthe competent authority of the Convention country did not have jurisdiction under the Child Protection Convention for taking the foreign personal protection measure;\nin taking the foreign personal protection measure, the competent authority of the Convention country is taken to have acted contrary to the fundamental principles of procedure under Queensland law as mentioned in subsection (4) ;\nrecognition of the foreign personal protection measure is contrary to public policy in Queensland having regard to the child’s best interests;\nif the foreign personal protection measure were recognised by registration under section 25 , there would be no appropriate means of enforcing the measure under Queensland law;\nthe foreign personal protection measure is incompatible with a later measure taken in a non-Convention country in which the child habitually resides and, if the later measure were a foreign personal protection measure, it could not be refused recognition under paragraph (b) or (c) ;\nthe foreign personal protection measure places the child in a foster family or institutional care in Queensland and the competent authority did not obtain the department’s consent to the placement before taking the measure.\nA competent authority is taken to have acted contrary to the fundamental principles of procedure under Queensland law if—\nthe competent authority did not give the child, or a person with parental responsibility for the child, an opportunity to be heard before taking the foreign personal protection measure; and\nthe competent authority did not take the foreign personal protection measure as a matter of urgency.\nA person who is interested in the following may apply to the court to be joined as a party to the proceeding—\nan application to a Queensland court made by the litigation director following a referral by the department under subsection (2) (d) ;\nan application to a Queensland court made by the department under subsection (2) (e) .\nIf—\nunder subsection (2) (a) the department gives a foreign personal protection measure relating to a child to a registrar of a Queensland court; and\nthe measure authorises the performance of a medical procedure or treatment on the child that is a procedure or treatment for which a parent does not, under Queensland law, have authority to consent;\nthe measure must be accompanied by a Family Court declaration that recognition of the measure is not contrary to public policy having regard to the child’s best interests.\nIn this section—\nFamily Court declaration means a declaration by a court exercising jurisdiction for proceedings under the Family Law Act 1975 (Cwlth) or the Family Court Act 1997 (WA) .\ns 23 amd 2016 No. 23 s 94\n(sec.23-ssec.1) This section applies if the department is given either of the following documents, together with a request for the department to take an action under the Child Protection Convention— a document that is a foreign personal protection measure relating to a child; a document that, although it is not a foreign personal protection measure relating to a child, states details of a foreign personal protection measure relating to a child.\n(sec.23-ssec.2) After consulting with the competent authority of the country in which the foreign personal protection measure was taken, the department must do one of the following— give the foreign personal protection measure to a registrar of a Queensland court for recognition of the measure by registration under section 25 ; give the foreign personal protection measure to the Commonwealth central authority together with a request for the Commonwealth central authority to take action under the Child Protection Convention, including, for example, registration of the foreign measure under the Family Law Act 1975 (Cwlth) ; exercise the department’s jurisdiction under part 2 ; refer the matter to the litigation director for the director to exercise the director’s jurisdiction under part 2 ; apply to a Queensland court for the court— to exercise the court’s jurisdiction under part 2 ; or to decide whether or not the court should refuse recognition of the foreign measure under subsection (3) ; agree with the competent authority that the department will not do anything.\n(sec.23-ssec.3) A Queensland court may order a foreign personal protection measure relating to a child be refused recognition on any of the following grounds— the competent authority of the Convention country did not have jurisdiction under the Child Protection Convention for taking the foreign personal protection measure; in taking the foreign personal protection measure, the competent authority of the Convention country is taken to have acted contrary to the fundamental principles of procedure under Queensland law as mentioned in subsection (4) ; recognition of the foreign personal protection measure is contrary to public policy in Queensland having regard to the child’s best interests; if the foreign personal protection measure were recognised by registration under section 25 , there would be no appropriate means of enforcing the measure under Queensland law; the foreign personal protection measure is incompatible with a later measure taken in a non-Convention country in which the child habitually resides and, if the later measure were a foreign personal protection measure, it could not be refused recognition under paragraph (b) or (c) ; the foreign personal protection measure places the child in a foster family or institutional care in Queensland and the competent authority did not obtain the department’s consent to the placement before taking the measure.\n(sec.23-ssec.4) A competent authority is taken to have acted contrary to the fundamental principles of procedure under Queensland law if— the competent authority did not give the child, or a person with parental responsibility for the child, an opportunity to be heard before taking the foreign personal protection measure; and the competent authority did not take the foreign personal protection measure as a matter of urgency.\n(sec.23-ssec.5) A person who is interested in the following may apply to the court to be joined as a party to the proceeding— an application to a Queensland court made by the litigation director following a referral by the department under subsection (2) (d) ; an application to a Queensland court made by the department under subsection (2) (e) .\n(sec.23-ssec.6) If— under subsection (2) (a) the department gives a foreign personal protection measure relating to a child to a registrar of a Queensland court; and the measure authorises the performance of a medical procedure or treatment on the child that is a procedure or treatment for which a parent does not, under Queensland law, have authority to consent; the measure must be accompanied by a Family Court declaration that recognition of the measure is not contrary to public policy having regard to the child’s best interests.\n(sec.23-ssec.7) In this section— Family Court declaration means a declaration by a court exercising jurisdiction for proceedings under the Family Law Act 1975 (Cwlth) or the Family Court Act 1997 (WA) . s 23 amd 2016 No. 23 s 94\n- (a) a document that is a foreign personal protection measure relating to a child;\n- (b) a document that, although it is not a foreign personal protection measure relating to a child, states details of a foreign personal protection measure relating to a child.\n- (a) give the foreign personal protection measure to a registrar of a Queensland court for recognition of the measure by registration under section 25 ;\n- (b) give the foreign personal protection measure to the Commonwealth central authority together with a request for the Commonwealth central authority to take action under the Child Protection Convention, including, for example, registration of the foreign measure under the Family Law Act 1975 (Cwlth) ;\n- (c) exercise the department’s jurisdiction under part 2 ;\n- (d) refer the matter to the litigation director for the director to exercise the director’s jurisdiction under part 2 ;\n- (e) apply to a Queensland court for the court— (i) to exercise the court’s jurisdiction under part 2 ; or (ii) to decide whether or not the court should refuse recognition of the foreign measure under subsection (3) ;\n- (i) to exercise the court’s jurisdiction under part 2 ; or\n- (ii) to decide whether or not the court should refuse recognition of the foreign measure under subsection (3) ;\n- (f) agree with the competent authority that the department will not do anything.\n- (i) to exercise the court’s jurisdiction under part 2 ; or\n- (ii) to decide whether or not the court should refuse recognition of the foreign measure under subsection (3) ;\n- (a) the competent authority of the Convention country did not have jurisdiction under the Child Protection Convention for taking the foreign personal protection measure;\n- (b) in taking the foreign personal protection measure, the competent authority of the Convention country is taken to have acted contrary to the fundamental principles of procedure under Queensland law as mentioned in subsection (4) ;\n- (c) recognition of the foreign personal protection measure is contrary to public policy in Queensland having regard to the child’s best interests;\n- (d) if the foreign personal protection measure were recognised by registration under section 25 , there would be no appropriate means of enforcing the measure under Queensland law;\n- (e) the foreign personal protection measure is incompatible with a later measure taken in a non-Convention country in which the child habitually resides and, if the later measure were a foreign personal protection measure, it could not be refused recognition under paragraph (b) or (c) ;\n- (f) the foreign personal protection measure places the child in a foster family or institutional care in Queensland and the competent authority did not obtain the department’s consent to the placement before taking the measure.\n- (a) the competent authority did not give the child, or a person with parental responsibility for the child, an opportunity to be heard before taking the foreign personal protection measure; and\n- (b) the competent authority did not take the foreign personal protection measure as a matter of urgency.\n- (a) an application to a Queensland court made by the litigation director following a referral by the department under subsection (2) (d) ;\n- (b) an application to a Queensland court made by the department under subsection (2) (e) .\n- (a) under subsection (2) (a) the department gives a foreign personal protection measure relating to a child to a registrar of a Queensland court; and\n- (b) the measure authorises the performance of a medical procedure or treatment on the child that is a procedure or treatment for which a parent does not, under Queensland law, have authority to consent;","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":"Action on receipt of foreign property protection measure","content":"### sec.24 Action on receipt of foreign property protection measure\n\nThis section applies if the department is given either of the following documents, together with a request for the department to take an action under the Child Protection Convention—\na document that is a foreign property protection measure relating to a child;\na document that, although it is not a foreign property protection measure relating to a child, states details of a foreign property protection measure relating to a child.\nThe department must consider whether the foreign property protection measure includes a provision directed to protecting the person of the child.\nIf the department considers the foreign property protection measure includes a provision directed to protecting the person of the child, the department must deal with the measure under section 23 as if it were a foreign personal protection measure.\nIf the department does not consider the foreign property protection measure includes a provision directed to protecting the person of the child, the department must give the measure to a registrar of a Queensland court for recognition of the measure by registration under section 25 .\n(sec.24-ssec.1) This section applies if the department is given either of the following documents, together with a request for the department to take an action under the Child Protection Convention— a document that is a foreign property protection measure relating to a child; a document that, although it is not a foreign property protection measure relating to a child, states details of a foreign property protection measure relating to a child.\n(sec.24-ssec.2) The department must consider whether the foreign property protection measure includes a provision directed to protecting the person of the child.\n(sec.24-ssec.3) If the department considers the foreign property protection measure includes a provision directed to protecting the person of the child, the department must deal with the measure under section 23 as if it were a foreign personal protection measure.\n(sec.24-ssec.4) If the department does not consider the foreign property protection measure includes a provision directed to protecting the person of the child, the department must give the measure to a registrar of a Queensland court for recognition of the measure by registration under section 25 .\n- (a) a document that is a foreign property protection measure relating to a child;\n- (b) a document that, although it is not a foreign property protection measure relating to a child, states details of a foreign property protection measure relating to a child.","sortOrder":28},{"sectionNumber":"sec.25","sectionType":"section","heading":"Recognition of foreign measures in Queensland courts","content":"### sec.25 Recognition of foreign measures in Queensland courts\n\nA registrar of a Queensland court must register a foreign measure given to the registrar by the department under section 23 or 24 .\nA foreign measure registered under subsection (1) —\nhas the same force and effect as a Queensland personal protection measure or a Queensland property protection measure (as appropriate); and\nprevails over an earlier measure in force in Queensland to the extent the foreign measure is inconsistent with the earlier measure.\nAn interested person may take legal proceedings in a Queensland court to enforce a foreign measure registered under subsection (1) .\nSubsections (2) and (3) are subject to the cancellation of the registration of the foreign measure under section 26 .\n(sec.25-ssec.1) A registrar of a Queensland court must register a foreign measure given to the registrar by the department under section 23 or 24 .\n(sec.25-ssec.2) A foreign measure registered under subsection (1) — has the same force and effect as a Queensland personal protection measure or a Queensland property protection measure (as appropriate); and prevails over an earlier measure in force in Queensland to the extent the foreign measure is inconsistent with the earlier measure.\n(sec.25-ssec.3) An interested person may take legal proceedings in a Queensland court to enforce a foreign measure registered under subsection (1) .\n(sec.25-ssec.4) Subsections (2) and (3) are subject to the cancellation of the registration of the foreign measure under section 26 .\n- (a) has the same force and effect as a Queensland personal protection measure or a Queensland property protection measure (as appropriate); and\n- (b) prevails over an earlier measure in force in Queensland to the extent the foreign measure is inconsistent with the earlier measure.","sortOrder":29},{"sectionNumber":"sec.26","sectionType":"section","heading":"Cancellation of registered foreign measure and related matters","content":"### sec.26 Cancellation of registered foreign measure and related matters\n\nAn interested person may apply to a Queensland court to cancel the registration under section 25 of a foreign measure relating to a child.\nThe Queensland court may cancel the registration of the foreign measure if any of the following applies—\nfor a foreign measure that is a foreign personal protection measure—the Queensland court may take a Queensland personal protection measure relating to the child under part 2 ;\nfor a foreign measure that is a foreign property protection measure—the Queensland court may take a Queensland property protection measure relating to the child under part 3 ;\nthe relevant competent authority responsible for taking the foreign measure did not have jurisdiction, under the Child Protection Convention, for taking the measure;\nin taking the measure, the relevant competent authority is taken to have acted contrary to the fundamental principles of procedure under Queensland law as mentioned in subsection (3) ;\nrecognition or enforcement of the measure in Queensland is contrary to public policy taking into account the child’s best interests;\nfor a foreign measure that is a foreign property protection measure—there are no appropriate means of enforcing the measure under Queensland law.\nThe relevant competent authority is taken to have acted contrary to the fundamental principles of procedure under Queensland law if—\nthe competent authority did not give the child, or a person with parental responsibility for the child, an opportunity to be heard before taking the foreign measure; and\nthe competent authority did not take the foreign measure as a matter of urgency.\n(sec.26-ssec.1) An interested person may apply to a Queensland court to cancel the registration under section 25 of a foreign measure relating to a child.\n(sec.26-ssec.2) The Queensland court may cancel the registration of the foreign measure if any of the following applies— for a foreign measure that is a foreign personal protection measure—the Queensland court may take a Queensland personal protection measure relating to the child under part 2 ; for a foreign measure that is a foreign property protection measure—the Queensland court may take a Queensland property protection measure relating to the child under part 3 ; the relevant competent authority responsible for taking the foreign measure did not have jurisdiction, under the Child Protection Convention, for taking the measure; in taking the measure, the relevant competent authority is taken to have acted contrary to the fundamental principles of procedure under Queensland law as mentioned in subsection (3) ; recognition or enforcement of the measure in Queensland is contrary to public policy taking into account the child’s best interests; for a foreign measure that is a foreign property protection measure—there are no appropriate means of enforcing the measure under Queensland law.\n(sec.26-ssec.3) The relevant competent authority is taken to have acted contrary to the fundamental principles of procedure under Queensland law if— the competent authority did not give the child, or a person with parental responsibility for the child, an opportunity to be heard before taking the foreign measure; and the competent authority did not take the foreign measure as a matter of urgency.\n- (a) for a foreign measure that is a foreign personal protection measure—the Queensland court may take a Queensland personal protection measure relating to the child under part 2 ;\n- (b) for a foreign measure that is a foreign property protection measure—the Queensland court may take a Queensland property protection measure relating to the child under part 3 ;\n- (c) the relevant competent authority responsible for taking the foreign measure did not have jurisdiction, under the Child Protection Convention, for taking the measure;\n- (d) in taking the measure, the relevant competent authority is taken to have acted contrary to the fundamental principles of procedure under Queensland law as mentioned in subsection (3) ;\n- (e) recognition or enforcement of the measure in Queensland is contrary to public policy taking into account the child’s best interests;\n- (f) for a foreign measure that is a foreign property protection measure—there are no appropriate means of enforcing the measure under Queensland law.\n- (a) the competent authority did not give the child, or a person with parental responsibility for the child, an opportunity to be heard before taking the foreign measure; and\n- (b) the competent authority did not take the foreign measure as a matter of urgency.","sortOrder":30},{"sectionNumber":"sec.27","sectionType":"section","heading":"Matters relevant for Queensland court in proceeding under s 23 or 26","content":"### sec.27 Matters relevant for Queensland court in proceeding under s 23 or 26\n\nThis section applies to a proceeding in a Queensland court under section 23 or 26 about a foreign measure.\nThe Queensland court is bound by findings of fact on which the competent authority of the Convention country based its jurisdiction.\nSubject to section 26 , the Queensland court must not review the merits of the measure.\nA document of a competent authority of a Convention country is admissible as evidence of the facts stated in the document.\nAn affidavit of a witness who resides outside Australia, that is filed in the proceeding, is admissible as evidence in the proceeding, even though the witness does not attend for cross-examination in the proceeding.\n(sec.27-ssec.1) This section applies to a proceeding in a Queensland court under section 23 or 26 about a foreign measure.\n(sec.27-ssec.2) The Queensland court is bound by findings of fact on which the competent authority of the Convention country based its jurisdiction.\n(sec.27-ssec.3) Subject to section 26 , the Queensland court must not review the merits of the measure.\n(sec.27-ssec.4) A document of a competent authority of a Convention country is admissible as evidence of the facts stated in the document.\n(sec.27-ssec.5) An affidavit of a witness who resides outside Australia, that is filed in the proceeding, is admissible as evidence in the proceeding, even though the witness does not attend for cross-examination in the proceeding.","sortOrder":31},{"sectionNumber":"sec.28","sectionType":"section","heading":"Recognition and enforcement of Queensland measure","content":"### sec.28 Recognition and enforcement of Queensland measure\n\nAfter consulting with the central authority or a competent authority of a Convention country, the department may give a Queensland personal protection measure relating to a child to the central authority of the Convention country for recognition and enforcement of the Queensland personal protection measure in the Convention country.\nThe department may give a Queensland property protection measure relating to a child to the central authority of a Convention country for recognition and enforcement of the Queensland property protection measure in the Convention country.\n(sec.28-ssec.1) After consulting with the central authority or a competent authority of a Convention country, the department may give a Queensland personal protection measure relating to a child to the central authority of the Convention country for recognition and enforcement of the Queensland personal protection measure in the Convention country.\n(sec.28-ssec.2) The department may give a Queensland property protection measure relating to a child to the central authority of a Convention country for recognition and enforcement of the Queensland property protection measure in the Convention country.","sortOrder":32},{"sectionNumber":"pt.6","sectionType":"part","heading":"Co-operation and other matters","content":"# Co-operation and other matters","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":"Department is Queensland’s central authority","content":"### sec.29 Department is Queensland’s central authority\n\nFor the Child Protection Convention, the department is Queensland’s central authority.\nIf the department must or may perform a function or exercise a power under this Act, including under any of the following, the chief executive is responsible for performing the function or exercising the power—\na Queensland measure;\na foreign measure recognised by registration under section 25 ;\nan order of a Queensland court under this Act, other than a Queensland measure.\n(sec.29-ssec.1) For the Child Protection Convention, the department is Queensland’s central authority.\n(sec.29-ssec.2) If the department must or may perform a function or exercise a power under this Act, including under any of the following, the chief executive is responsible for performing the function or exercising the power— a Queensland measure; a foreign measure recognised by registration under section 25 ; an order of a Queensland court under this Act, other than a Queensland measure.\n- (a) a Queensland measure;\n- (b) a foreign measure recognised by registration under section 25 ;\n- (c) an order of a Queensland court under this Act, other than a Queensland measure.","sortOrder":34},{"sectionNumber":"sec.30","sectionType":"section","heading":"Functions of department","content":"### sec.30 Functions of department\n\nThe department’s functions include co-operating with central authorities of Convention countries—\nto find solutions for the protection of particular children; and\nto help in the implementation of Queensland measures, foreign measures and measures of non-Convention countries directed to protecting children or their property; and\nto consider taking, applying for or referring to the litigation director to consider applying for, a Queensland measure relating to a child—\nat the request of a competent authority of another country if the measure is a Queensland personal protection measure; or\nat the request, or at the invitation, of a competent authority of another country if the measure is a Queensland property protection measure; and\nto exchange information, subject to appropriate confidentiality provisions; and\nto provide information on laws and services; and\nto help in locating children; and\nto provide reports on the situation of particular children; and\nto apply to Queensland courts for orders in response to requests from competent authorities in Convention countries—\nto transfer or receive jurisdiction; or\nto take measures directed to protecting the person of a child or measures directed to protecting a child’s property.\nAn application to a Queensland court for a measure that is a child protection order under the Child Protection Act 1999 may be made by the litigation director if a referral is made to the director under the Director of Child Protection Litigation Act 2016 following consideration by the department as mentioned in paragraph (c) .\nIf a competent authority of a Convention country consults with the department for the purpose of obtaining the department’s consent to placing a child with a foster family, or in institutional care, in Queensland, the department must take into account the child’s best interests in deciding whether or not to consent.\nSubsection (1) is subject to section 34 (2) .\ns 30 amd 2016 No. 23 s 95\n(sec.30-ssec.1) The department’s functions include co-operating with central authorities of Convention countries— to find solutions for the protection of particular children; and to help in the implementation of Queensland measures, foreign measures and measures of non-Convention countries directed to protecting children or their property; and to consider taking, applying for or referring to the litigation director to consider applying for, a Queensland measure relating to a child— at the request of a competent authority of another country if the measure is a Queensland personal protection measure; or at the request, or at the invitation, of a competent authority of another country if the measure is a Queensland property protection measure; and to exchange information, subject to appropriate confidentiality provisions; and to provide information on laws and services; and to help in locating children; and to provide reports on the situation of particular children; and to apply to Queensland courts for orders in response to requests from competent authorities in Convention countries— to transfer or receive jurisdiction; or to take measures directed to protecting the person of a child or measures directed to protecting a child’s property. An application to a Queensland court for a measure that is a child protection order under the Child Protection Act 1999 may be made by the litigation director if a referral is made to the director under the Director of Child Protection Litigation Act 2016 following consideration by the department as mentioned in paragraph (c) .\n(sec.30-ssec.2) If a competent authority of a Convention country consults with the department for the purpose of obtaining the department’s consent to placing a child with a foster family, or in institutional care, in Queensland, the department must take into account the child’s best interests in deciding whether or not to consent.\n(sec.30-ssec.3) Subsection (1) is subject to section 34 (2) .\n- (a) to find solutions for the protection of particular children; and\n- (b) to help in the implementation of Queensland measures, foreign measures and measures of non-Convention countries directed to protecting children or their property; and\n- (c) to consider taking, applying for or referring to the litigation director to consider applying for, a Queensland measure relating to a child— (i) at the request of a competent authority of another country if the measure is a Queensland personal protection measure; or (ii) at the request, or at the invitation, of a competent authority of another country if the measure is a Queensland property protection measure; and\n- (i) at the request of a competent authority of another country if the measure is a Queensland personal protection measure; or\n- (ii) at the request, or at the invitation, of a competent authority of another country if the measure is a Queensland property protection measure; and\n- (d) to exchange information, subject to appropriate confidentiality provisions; and\n- (e) to provide information on laws and services; and\n- (f) to help in locating children; and\n- (g) to provide reports on the situation of particular children; and\n- (h) to apply to Queensland courts for orders in response to requests from competent authorities in Convention countries— (i) to transfer or receive jurisdiction; or (ii) to take measures directed to protecting the person of a child or measures directed to protecting a child’s property. Note— An application to a Queensland court for a measure that is a child protection order under the Child Protection Act 1999 may be made by the litigation director if a referral is made to the director under the Director of Child Protection Litigation Act 2016 following consideration by the department as mentioned in paragraph (c) .\n- (i) to transfer or receive jurisdiction; or\n- (ii) to take measures directed to protecting the person of a child or measures directed to protecting a child’s property. Note— An application to a Queensland court for a measure that is a child protection order under the Child Protection Act 1999 may be made by the litigation director if a referral is made to the director under the Director of Child Protection Litigation Act 2016 following consideration by the department as mentioned in paragraph (c) .\n- (i) at the request of a competent authority of another country if the measure is a Queensland personal protection measure; or\n- (ii) at the request, or at the invitation, of a competent authority of another country if the measure is a Queensland property protection measure; and\n- (i) to transfer or receive jurisdiction; or\n- (ii) to take measures directed to protecting the person of a child or measures directed to protecting a child’s property. Note— An application to a Queensland court for a measure that is a child protection order under the Child Protection Act 1999 may be made by the litigation director if a referral is made to the director under the Director of Child Protection Litigation Act 2016 following consideration by the department as mentioned in paragraph (c) .","sortOrder":35},{"sectionNumber":"sec.31","sectionType":"section","heading":"Obligation to obtain consent to place child","content":"### sec.31 Obligation to obtain consent to place child\n\nA Queensland authority must obtain the consent of a competent authority of a Convention country before placing a child in a foster family, or in institutional care, in the Convention country.\nIf the Queensland authority is a Queensland court, before placing a child, the Queensland authority may order the department to consult a competent authority of the Convention country concerned.\nIf a Queensland court orders the department to consult, then the court must provide the department with a report on the child and the reasons for the proposed placement.\n(sec.31-ssec.1) A Queensland authority must obtain the consent of a competent authority of a Convention country before placing a child in a foster family, or in institutional care, in the Convention country.\n(sec.31-ssec.2) If the Queensland authority is a Queensland court, before placing a child, the Queensland authority may order the department to consult a competent authority of the Convention country concerned.\n(sec.31-ssec.3) If a Queensland court orders the department to consult, then the court must provide the department with a report on the child and the reasons for the proposed placement.","sortOrder":36},{"sectionNumber":"sec.32","sectionType":"section","heading":"Obligation to inform competent authority about serious danger to a child","content":"### sec.32 Obligation to inform competent authority about serious danger to a child\n\nA Queensland authority must inform a competent authority of another country about any information the Queensland authority may have about any serious danger to a child—\nwhose residence has moved from Queensland to the other country; or\nwho is present in the other country.\nSubsection (1) has effect despite any obligation of confidentiality imposed on the Queensland authority or a person by a Queensland law or anything else (including a contract or professional ethics).\nA person is not liable in civil or criminal proceedings, and is not to be considered to have breached any professional ethics, in respect of the provision of information under subsection (1) .\nEvidence of the provision of information under subsection (1) is not admissible in any—\ncourt (whether or not exercising jurisdiction under this Act); or\ntribunal or other body concerned with professional ethics;\nexcept where that evidence is given by the person who provided the information.\nIn this section—\nQueensland authority includes a person carrying out duties, performing functions or exercising powers as—\na member of the court personnel; or\na public service employee of the department or public trustee.\n(sec.32-ssec.1) A Queensland authority must inform a competent authority of another country about any information the Queensland authority may have about any serious danger to a child— whose residence has moved from Queensland to the other country; or who is present in the other country.\n(sec.32-ssec.2) Subsection (1) has effect despite any obligation of confidentiality imposed on the Queensland authority or a person by a Queensland law or anything else (including a contract or professional ethics).\n(sec.32-ssec.3) A person is not liable in civil or criminal proceedings, and is not to be considered to have breached any professional ethics, in respect of the provision of information under subsection (1) .\n(sec.32-ssec.4) Evidence of the provision of information under subsection (1) is not admissible in any— court (whether or not exercising jurisdiction under this Act); or tribunal or other body concerned with professional ethics; except where that evidence is given by the person who provided the information.\n(sec.32-ssec.5) In this section— Queensland authority includes a person carrying out duties, performing functions or exercising powers as— a member of the court personnel; or a public service employee of the department or public trustee.\n- (a) whose residence has moved from Queensland to the other country; or\n- (b) who is present in the other country.\n- (a) court (whether or not exercising jurisdiction under this Act); or\n- (b) tribunal or other body concerned with professional ethics;\n- (a) a member of the court personnel; or\n- (b) a public service employee of the department or public trustee.","sortOrder":37},{"sectionNumber":"sec.33","sectionType":"section","heading":"Proceedings etc. for contact","content":"### sec.33 Proceedings etc. for contact\n\nA Queensland court hearing proceedings concerning contact with a child must admit into evidence and consider the findings (if any) of a competent authority of a Convention country on the suitability of a parent to have contact with the child.\nA Queensland court may adjourn the proceedings concerning contact with a child pending the outcome of a request by a parent of the child to a competent authority of a Convention country for a finding on the suitability of the parent to have contact with the child.\nOn the application of a parent who is an Australian resident seeking to obtain or keep contact with a child, a Queensland court may—\nadmit evidence; and\nmake a finding on the suitability of that parent to have contact with the child; and\nspecify conditions on which the contact is to be given.\nIn considering a matter concerning contact with a child, the department—\nmust consider evidence and the findings (if any) of a competent authority of a Convention country on the suitability of a parent to have contact with the child; and\nmay postpone considering the matter pending the outcome of a request by a parent to a competent authority of a Convention country for a finding on the suitability of the parent to have contact with the child.\n(sec.33-ssec.1) A Queensland court hearing proceedings concerning contact with a child must admit into evidence and consider the findings (if any) of a competent authority of a Convention country on the suitability of a parent to have contact with the child.\n(sec.33-ssec.2) A Queensland court may adjourn the proceedings concerning contact with a child pending the outcome of a request by a parent of the child to a competent authority of a Convention country for a finding on the suitability of the parent to have contact with the child.\n(sec.33-ssec.3) On the application of a parent who is an Australian resident seeking to obtain or keep contact with a child, a Queensland court may— admit evidence; and make a finding on the suitability of that parent to have contact with the child; and specify conditions on which the contact is to be given.\n(sec.33-ssec.4) In considering a matter concerning contact with a child, the department— must consider evidence and the findings (if any) of a competent authority of a Convention country on the suitability of a parent to have contact with the child; and may postpone considering the matter pending the outcome of a request by a parent to a competent authority of a Convention country for a finding on the suitability of the parent to have contact with the child.\n- (a) admit evidence; and\n- (b) make a finding on the suitability of that parent to have contact with the child; and\n- (c) specify conditions on which the contact is to be given.\n- (a) must consider evidence and the findings (if any) of a competent authority of a Convention country on the suitability of a parent to have contact with the child; and\n- (b) may postpone considering the matter pending the outcome of a request by a parent to a competent authority of a Convention country for a finding on the suitability of the parent to have contact with the child.","sortOrder":38},{"sectionNumber":"sec.34","sectionType":"section","heading":"Giving information to central authorities and competent authorities in Convention countries","content":"### sec.34 Giving information to central authorities and competent authorities in Convention countries\n\nThis section applies to—\na court; and\nthe Commonwealth central authority; and\ncentral authorities of Australia appointed as mentioned in Article 29 , paragraph 2, of the Child Protection Convention; and\nother competent authorities of Australia.\nIf it would be consistent with this Act or the Child Protection Convention to do so, a Queensland authority may give information to—\na court or an authority of Australia to which this section applies; or\na central authority or other competent authority of a Convention country.\n(sec.34-ssec.1) This section applies to— a court; and the Commonwealth central authority; and central authorities of Australia appointed as mentioned in Article 29 , paragraph 2, of the Child Protection Convention; and other competent authorities of Australia.\n(sec.34-ssec.2) If it would be consistent with this Act or the Child Protection Convention to do so, a Queensland authority may give information to— a court or an authority of Australia to which this section applies; or a central authority or other competent authority of a Convention country.\n- (a) a court; and\n- (b) the Commonwealth central authority; and\n- (c) central authorities of Australia appointed as mentioned in Article 29 , paragraph 2, of the Child Protection Convention; and\n- (d) other competent authorities of Australia.\n- (a) a court or an authority of Australia to which this section applies; or\n- (b) a central authority or other competent authority of a Convention country.","sortOrder":39},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":40},{"sectionNumber":"sec.35","sectionType":"section","heading":"Helping person in relation to Queensland measure","content":"### sec.35 Helping person in relation to Queensland measure\n\nA person who is to exercise parental responsibilities under a Queensland measure may apply to a Queensland authority for information about the particular way in which the person may exercise the person’s responsibilities under the Queensland measure.\nThe Queensland authority may, by written notice, give information to the person about the powers conferred on the person as a parent under the Queensland measure.\n(sec.35-ssec.1) A person who is to exercise parental responsibilities under a Queensland measure may apply to a Queensland authority for information about the particular way in which the person may exercise the person’s responsibilities under the Queensland measure.\n(sec.35-ssec.2) The Queensland authority may, by written notice, give information to the person about the powers conferred on the person as a parent under the Queensland measure.","sortOrder":41},{"sectionNumber":"sec.36","sectionType":"section","heading":"Helping person in relation to foreign measure","content":"### sec.36 Helping person in relation to foreign measure\n\nAn interested person who wants to ask a competent authority of another country to vary or cancel a foreign measure may apply to the department for help in sending the request to the authority.\nThe department may help the interested person in relation to sending the request.\n(sec.36-ssec.1) An interested person who wants to ask a competent authority of another country to vary or cancel a foreign measure may apply to the department for help in sending the request to the authority.\n(sec.36-ssec.2) The department may help the interested person in relation to sending the request.","sortOrder":42},{"sectionNumber":"sec.37","sectionType":"section","heading":"Delegation by chief executive","content":"### sec.37 Delegation by chief executive\n\nThe chief executive may delegate the chief executive’s powers to an appropriately qualified officer of the department.\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power.\na person’s classification level in the public service\nchief executive’s powers means the powers the chief executive must or may exercise under section 29 .\n(sec.37-ssec.1) The chief executive may delegate the chief executive’s powers to an appropriately qualified officer of the department.\n(sec.37-ssec.2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. a person’s classification level in the public service chief executive’s powers means the powers the chief executive must or may exercise under section 29 .","sortOrder":43},{"sectionNumber":"sec.38","sectionType":"section","heading":"Regulation-making power","content":"### sec.38 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may prescribe—\nthat a particular measure, or a particular type of measure, recognised by registration under section 25 has effect as a particular type of Queensland measure, as mentioned in section 25 (2) (a) ; and\nthe way the measure or the type of measure has effect as the particular type of Queensland measure, including the way it may be varied or otherwise dealt with under an Act applying to that particular type of Queensland measure.\n(sec.38-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.38-ssec.2) Without limiting subsection (1) , a regulation may prescribe— that a particular measure, or a particular type of measure, recognised by registration under section 25 has effect as a particular type of Queensland measure, as mentioned in section 25 (2) (a) ; and the way the measure or the type of measure has effect as the particular type of Queensland measure, including the way it may be varied or otherwise dealt with under an Act applying to that particular type of Queensland measure.\n- (a) that a particular measure, or a particular type of measure, recognised by registration under section 25 has effect as a particular type of Queensland measure, as mentioned in section 25 (2) (a) ; and\n- (b) the way the measure or the type of measure has effect as the particular type of Queensland measure, including the way it may be varied or otherwise dealt with under an Act applying to that particular type of Queensland measure.","sortOrder":44},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 exp 22 November 2003 (see s 39(3))","sortOrder":45},{"sectionNumber":"sch.1-pt","sectionType":"part","heading":null,"content":"","sortOrder":46}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":682},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears complete and consistent with its original 2003 purpose of implementing the 1996 Hague Child Protection Convention in Queensland. The 2016 amendments (Nos. 23 and 89-95) were technical updates to integrate the litigation director role following the Director of Child Protection Litigation Act 2016, not a substantive expansion of scope. The Act maintains its original focus on international jurisdiction, applicable law, recognition of foreign measures, and inter-country cooperation for child protection."},"complexity_factors":["Extensive cross-referencing to the Child Protection Convention (1996 Hague Convention) with multiple Articles cited throughout","Nested conditional logic in jurisdiction rules — section 9 has 6 main categories with up to 6 sub-conditions each, plus cross-references to limitations in sections 10, 11 and 13","Dual parallel structures for personal protection (Part 2) and property protection (Part 3) with similar but not identical rules","Multiple interacting limitations: urgency exceptions, wrongful removal rules, prior proceedings bars, and 'better placed' assessments","Defined terms rely on external dictionary in Schedule 4 and Convention definitions — not self-contained","Complex procedural requirements for registration, recognition, and cancellation of foreign measures with overlapping grounds","2016 amendments inserted new litigation director role and Director of Child Protection Litigation Act 2016 references, creating layered legislative history","Section 18 and 21 contain multi-factor tests for divorce proceedings with 5 cumulative conditions in sub-paragraphs"],"plain_english_summary":"This Queensland law helps protect children who have connections to more than one country. It deals with two main things: **protecting children personally** (like where they live, who cares for them) and **protecting their property** (like money or assets they own).\n\n**What it does:**\n- **Works with other countries** that have signed the \"Child Protection Convention\" (an international agreement) to avoid legal conflicts about which country should make decisions for a child\n- **Lets Queensland courts and authorities take action** for children in urgent situations, even if the child normally lives overseas\n- **Recognises court orders from other countries** — foreign child protection orders can be registered and enforced in Queensland as if they were local orders\n- **Requires Queensland to ask permission** before placing a child in foster care or institutional care in another Convention country\n- **Makes Queensland share information** about children at serious risk, even breaking confidentiality if needed\n\n**Who it affects:**\n- Children who move between countries or have parents in different countries\n- Queensland courts, the Department of Child Safety, the Public Trustee, and the litigation director\n- Central authorities in other Convention countries\n\n**Key concepts:**\n- **\"Convention country\"** = a country that has signed the Child Protection Convention\n- **\"Habitual residence\"** = where a child normally lives (not just where they are visiting)\n- **\"Queensland personal protection measure\"** = a Queensland court order about a child's care and welfare\n- **\"Queensland property protection measure\"** = a Queensland order about managing a child's money or assets\n\nThe law puts **the child's best interests** as the main consideration in all decisions."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This version broadens the administrative and operational role of Queensland in cross‑border child protection compared with a narrow implementing statute for the Convention. Amendments explicitly name the department as Queensland’s central authority and expand the set of Queensland decision‑makers (department, litigation director, public trustee) who may apply for or assume jurisdiction (see secs 7, 29–30, 19). The Act adds structured administrative gatekeeping for foreign measures (department must consult and then choose among registration, Commonwealth referral, exercising Queensland jurisdiction, or doing nothing — sec 23), evidentiary rules binding courts to foreign findings (sec 27), and mandatory information‑sharing and immunity provisions (sec 32). Those additions move the Act beyond purely recognising the Convention to creating detailed procedural machinery and discretionary administrative powers that materially expand who decides and how cross‑border child protection cases are handled in Queensland."},"complexity_factors":["Extensive cross‑references to the Child Protection Convention (numerous Articles) and to other Queensland and Commonwealth Acts (e.g. Child Protection Act 1999, Family Law Act 1975, Public Trustee Act 1978).","Multiple conditional jurisdictional branches (Parts 2 and 3) setting different tests depending on child’s presence, habitual residence, refugee status, wrongful removal, urgency, and whether the foreign state is a Convention or non‑Convention country (see secs 9, 16).","Detailed recognition/registration and cancellation scheme with overlapping grounds and exceptions (secs 23–26).","Evidentiary and review restrictions that limit merits review and bind Queensland courts to foreign findings (sec 27).","Administrative discretion concentrated in the department and chief executive with delegation power (secs 29–30, 37), requiring operational policies to reduce variability.","Special procedural obligations (consultation duties, reporting, consent requirements for placements) and immunity clauses for information sharing (secs 11–13, 31–32).","Regulation‑making power allowing detailed procedural prescription (sec 38), which can expand operational detail beyond the Act’s text.","Separate tracks for personal protection (part 2) and property protection (part 3) with similar but distinct limits and lapsing rules (secs 8–21)."],"plain_english_summary":"**What this Act does (mechanically)\n\n- Establishes how Queensland treats cross‑border child protection decisions that involve other countries party to the Child Protection Convention (the Convention) and non‑Convention countries. It sets rules for: which Queensland bodies can act, when they may act, and how to recognise and enforce foreign child‑protection orders in Queensland (see sections 7, 8, 9, 15, 23–26, 28).  \n\n- Identifies who in Queensland can start or be asked to assume proceedings: the department (the State’s designated central authority), the litigation director, the public trustee, and Queensland courts (see sections 7, 29–30).  \n\n- Limits Queensland jurisdiction in specified cross‑border situations — for example, where a child is habitually resident in a Convention country, where foreign authorities have already begun proceedings, or where a child was wrongfully removed from another country — unless urgency or other narrow exceptions apply (see sections 9–14, 16–21).  \n\n- Provides a process for the department to receive foreign personal or property protection measures (orders) and then: register them in Queensland courts so they have effect here, ask Commonwealth authorities to act, exercise Queensland jurisdiction, refer to the litigation director, or do nothing after consulting the foreign competent authority (see section 23).  \n\n- Requires court registrars to register foreign measures given by the department; registration gives the foreign measure the same force as a comparable Queensland measure (subject to cancellation rules) and allows enforcement (see section 25).  \n\n- Allows interested persons to apply to cancel registration if specified defects exist (lack of foreign jurisdiction, procedural failures, conflict with public policy, or enforcement problems) and sets limited grounds for refusing recognition (see sections 23(3), 26).  \n\n- Sets evidentiary and review rules: Queensland courts are bound by the foreign competent authority's factual findings about jurisdiction and generally must not re‑examine the merits of the foreign measure; certain foreign documents and overseas affidavits are admissible (see section 27).  \n\n- Names the department as Queensland’s central authority under the Convention and lists departmental functions: cooperating with foreign central authorities, exchanging information, locating children, making or referring applications for Queensland measures, and helping with placements across borders (see sections 29–31, 30).  \n\n- Supplies practical rules on information sharing (including a duty to inform other countries of serious danger to a child, with immunity for the informant from civil/criminal liability) and procedural assistance to persons seeking to vary or cancel foreign measures (see sections 32, 36).  \n\n- Requires Queensland law to be applied by Queensland authorities exercising jurisdiction under this Act, except in exceptional cases where another country's law may be taken into account if needed to protect the child or the child's property (see section 22). \n\nOfficial purpose claimed by the Act\n\n- The Act says its main purposes are to: (a) recognise the importance of international co‑operation for protecting children; (b) avoid conflict between legal systems about jurisdiction, applicable law, recognition and enforcement of child protection measures; and (c) ensure the child’s best interests are a primary consideration (see section 3).\n\nTesting those claims against costs, incentives and trade‑offs\n\n- Who decides and who pays: Decision power is shared between Queensland courts, the department (the central authority), the litigation director and the public trustee (see sections 7, 29–30, 19). The State (through the department or public trustee) will absorb most administrative and legal costs of cross‑border cooperation and litigation; private parties (parents, guardians, overseas authorities) bear practical costs and legal costs of initiating or resisting recognition/registration.  \n\n- Incentives and behaviour change: The Act creates incentives for foreign authorities to seek formal interstate cooperation (via the department or by sending measures for registration). It also incentivises Queensland authorities to defer to a foreign competent authority in many situations (to avoid jurisdictional conflict), subject to urgency exceptions (see sections 9–13, 16–20). This can reduce duplicate proceedings but may encourage forum shopping toward the authority perceived as more favourable if that authority’s measures will be registered and enforced in Queensland.  \n\n- Compliance burden and bureaucratic discretion: The department has wide discretionary functions (consulting, referring, requesting recognition, or exercising jurisdiction) and gatekeeping roles when foreign measures arrive (see sections 23–25, 30). That central role concentrates procedural discretion in the department and the chief executive (including delegated officers under section 37), which creates administrative workload and a need for operational guidance to ensure consistent decisions.  \n\n- Legal risk and enforcement trade‑offs: Registration gives foreign measures immediate enforceability (section 25) but the Act limits judicial review of the foreign decision’s merits and binds Queensland courts to foreign factual findings about jurisdiction (section 27). Those rules speed recognition and reduce relitigation costs but limit opportunities to challenge foreign findings, placing greater weight on the department’s front‑end checks and on the cancellation grounds (sections 23(3), 26).  \n\n- Confidentiality and liability trade‑offs: The Act requires information sharing about serious danger to a child even if confidentiality would otherwise prevent it (section 32), and protects informants from civil/criminal liability. That reduces legal risk for officials and encourages reporting, but narrows confidentiality protections for some persons and may affect professional‑client confidentiality norms.  \n\n- Effects on private choice: The Act restricts where parents or guardians might litigate certain child protection matters by listing conditions in which Queensland will or will not act (sections 9, 16, 18). That reduces forum flexibility and can shift dispute resolution to foreign competent authorities in many cross‑border cases; parties seeking to keep matters in Queensland must meet urgency, habitually resident, citizenship, or consent exceptions.  \n\nImplementation risks and potential unintended consequences\n\n- The Act depends heavily on cooperation from foreign competent authorities and on accurate determinations of habitually residence, urgency and whether foreign measures are compatible (many cross‑references to the Convention). Operational delays, inconsistent foreign procedures, or disputes about factual findings (which Qld courts cannot re‑examine) could produce enforcement gaps or tensions.  \n\n- Concentrated benefits vs diffuse costs: Institutions (department, courts) gain clearer tools for cross‑border co‑operation; parents and children may face uncertainty if conflicting foreign and Queensland measures exist and must navigate registration/cancellation procedures (sections 14, 21, 25–26).  \n\nKey sections to look up for practice: jurisdiction conditions (secs 7–21), department’s duty on receipt of foreign measures (secs 23–24), registration and cancellation (secs 25–26), evidentiary limits (sec 27), central authority functions (secs 29–31), and information sharing/limits (sec 32).\n"},"summary":{"complexity_score":9,"scope_assessment":{"changed":false,"description":"The Act's scope appears consistent with its stated main purposes: implementing the 1996 Hague Convention on Parental Responsibility and Protection of Children in Queensland. It addresses jurisdiction, applicable law, recognition and enforcement of both personal and property protection measures — all of which align with the Convention's structure. The exclusion of New Zealand matters (handled under a separate bilateral arrangement) and the explicit carve-outs in section 4 are consistent with the Convention's own scope limitations under Article 4. No scope creep beyond the Convention's framework is evident."},"complexity_factors":["Incorporates an international treaty (1996 Hague Convention) by reference, requiring readers to consult the Convention text to understand many provisions","Highly layered conditional logic — jurisdiction depends on multiple overlapping variables including child's location, habitual residence, refugee status, citizenship, and whether the other country is a 'Convention country' or 'non-Convention country'","Dual subject-matter scope covering both personal protection (welfare of the child) and property protection (guardianship of assets), each with parallel but distinct rule sets","Multiple Queensland authorities involved (courts, department, litigation director, public trustee, registrar) each with different roles, powers, and procedural obligations","Complex interaction with other legislation including the Child Protection Act 1999, Family Law Act 1975 (Cwlth), Public Trustee Act 1978, Director of Child Protection Litigation Act 2016, and Family Court Act 1997 (WA)","Provisions that cause earlier orders to automatically lapse ('lapse' provisions) based on subsequent foreign action — creating temporal and conditional dependencies","Cross-referencing between sections is dense and non-linear, requiring the reader to track multiple section references simultaneously","Separate procedural pathways depending on whether the initiating authority is a court, the department, the litigation director, or the public trustee","International law concepts (habitual residence, parental responsibility, wrongful removal, central authority, provisional measures) require specialist knowledge to apply","Urgency exceptions and their interaction with general rules create further complexity layers"],"plain_english_summary":"The Child Protection (International Measures) Act 2003 implements the 1996 Hague Convention for cross‑border child protection in Queensland. It sets when Queensland can act on child safety or guardianship matters involving children, parents, overseas orders or assets, and requires cooperation with foreign authorities. It governs jurisdiction, recognition and enforcement of foreign protection orders, allows urgent intervention, and prioritises the child’s best interests—affecting children, carers, courts and government agencies."}},"importantCases":[],"_links":{"self":"/api/acts/child-protection-international-measures-act-2003","history":"/api/acts/child-protection-international-measures-act-2003/history","analysis":"/api/acts/child-protection-international-measures-act-2003/analysis","conflicts":"/api/acts/child-protection-international-measures-act-2003/conflicts","importantCases":"/api/acts/child-protection-international-measures-act-2003/important-cases","documents":"/api/acts/child-protection-international-measures-act-2003/documents"}}