{"id":"F2003B00077","name":"Family Law (Child Protection Convention) Regulations 2003","slug":"family-law-child-protection-convention-regulations-2003","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"66 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31186,"registerId":"commonwealth-F2003B00077-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Introductory","content":"## Part 1—Introductory","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n  These Regulations are the Family Law (Child Protection Convention) Regulations 2003.","sortOrder":1},{"sectionNumber":"1A","sectionType":"section","heading":"Authority","content":"#### 1A Authority\n\n  These Regulations are made under the Family Law Act 1975.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  (1) In these Regulations:\n\n> Act means the Family Law Act 1975.\n\n> Bureau means the Permanent Bureau of the Hague Conference on Private International Law.\n\n> Commonwealth measure means a Commonwealth personal protection measure or a Commonwealth property protection measure.\n\n> document that is a foreign measure includes a document that, for a purpose of the Child Protection Convention, states the details of a foreign measure.\n\n> protection measure means a measure of protection within the meaning of the Child Protection Convention.\n\n> recognised foreign measure means a foreign measure that, under regulation 12, has been registered in a court in Australia.\n\n> relevant Registrar of a court means:\n\n    (a) in relation to the Federal Circuit and Family Court of Australia (Division 1)—the following:\n    (i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021);\n    (ii) a Senior Registrar or Registrar of that court; or\n    (b) in relation to the Federal Circuit and Family Court of Australia (Division 2)—the following:\n    (i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021);\n    (ii) a Senior Registrar or Registrar of that court; or\n    (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> special medical treatment, in relation to a child, means medical treatment that a parent of the child does not, under Commonwealth law, or the law in force in a State in which the child is present, have authority to consent to.\n\n> State includes the Australian Capital Territory and the Northern Territory.\n\n> State central authority has the meaning given by regulation 7.\n\n> State court means a court exercising jurisdiction under a law mentioned in Schedule 2.\n\n> State measure means a protection measure taken by an authority of a State.\n\n  (2) A word or expression defined for Division 4 of Part XIIIAA of the Act has the same meaning when used in these Regulations as it has for that Division.\n\n> Note 1: Words and expressions to which subregulation (2) apply include:\n\n     another country\n     Australia\n     central authority (of a convention country)\n     Child Protection Convention\n     competent authority\n     Commonwealth central authority\n     Convention country\n     foreign measure\n     non‑Convention country.\n\n> Note 2: Several other words or expressions used in these Regulations have the meaning given by subsection 4(1) of the Act. For example:\n\n     applicant\n     court\n\n> Note 3: Under subsection 111CA(2) of the Act, unless the contrary intention appears, expressions used in the Child Protection Convention have, in these Regulations, the meaning they have in the Convention.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Comparable State law","content":"## Part 2—Comparable State law","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Application of Regulations","content":"#### 4 Application of Regulations\n\n  A provision of Part 6, 7 or 8 of these Regulations does not apply to a State in which there is in force a law having the same effect as, or comparable effect to, that which the provision would, except for this regulation, have for the State.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Commonwealth and State central authorities","content":"## Part 3—Commonwealth and State central authorities\n\n> Note: Subregulation 3(2) provides that a word or expression defined for Division 4 of Part XIIIAA of the Act has the same meaning when used in these Regulations, including Commonwealth central authority.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Functions etc of Commonwealth central authority","content":"#### 5 Functions etc of Commonwealth central authority\n\n  (1) The functions of the Commonwealth central authority are to do, or to coordinate the doing of, anything that is necessary:\n    (a) to enable the performance of Australia’s obligations under the Child Protection Convention; and\n    (b) to obtain for Australia any advantage or benefit under the Child Protection Convention.\n  (2) The Commonwealth central authority:\n    (a) has all of the duties of a central authority under the Child Protection Convention; and\n    (b) may exercise all of the powers of a central authority under the Child Protection Convention.\n  (3) If the exercise by the Commonwealth central authority of one of its functions (the Commonwealth function) would affect the exercise of a function of a State central authority, the Commonwealth central authority must consult the State central authority about the exercise of the Commonwealth function before it is exercised.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Notice of designation of Commonwealth central authority","content":"#### 6 Notice of designation of Commonwealth central authority\n\n  As soon as practicable after the commencement of these Regulations, the Commonwealth central authority must tell the Bureau, in writing, the Commonwealth central authority’s name, address and functions.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"State central authorities","content":"#### 7 State central authorities\n\n  (1) A State central authority for a State is a person:\n    (a) so designated by the State (if it has the capacity to do so) and notified under subregulation 9(1) to the Commonwealth central authority; or\n    (b) if a person is not designated under paragraph (a)—so designated by the Commonwealth, under regulation 8.\n  (2) A State central authority designated under paragraph 8(2)(b) ceases to be a State central authority under that regulation if the State concerned:\n    (a) designates a State central authority for the State; and\n    (b) informs the Commonwealth central authority of the designation under subregulation 9(1).","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"State central authorities—designation by Commonwealth","content":"#### 8 State central authorities—designation by Commonwealth\n\n  (1) The Attorney‑General of the Commonwealth may designate a person, in writing, as a State central authority of a State for the purpose of these Regulations.\n  (2) A person designated must be:\n    (a) the State Minister administering the laws of that State relating to the care and protection of children; or\n    (b) a person holding, or for the time being performing the duties of, an office, in the department or service responsible for the administration of the care and protection of children in the State, that supervises the conduct of that care and protection.\n  (3) A designation may be expressed to have effect only in the circumstances mentioned in the instrument of designation.\n  (4) As soon as practicable after the Attorney‑General designates a State central authority, the Attorney‑General must publish a notice of the designation in the Gazette.\n  (5) In this regulation, State Minister means a Minister of the Crown for the State.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Notice of designation of State central authority","content":"#### 9 Notice of designation of State central authority\n\n  (1) As soon as practicable after a State designates a State central authority, the State must tell the Commonwealth central authority, in writing, the name, address and functions of the State central authority.\n  (2) As soon as practicable after a change to the name, address or functions of a State central authority, the State concerned must tell the Commonwealth central authority, in writing, about the change.\n  (3) As soon as practicable after the Commonwealth central authority is given information under subregulation (1) or (2), it must give the Bureau the same information, in writing.\n  (4) As soon as practicable after the Commonwealth central authority is told about a designation under subregulation (1), it must also publish a notice of the designation in the Gazette.\n  (5) If a State to which subregulation (1) or (2) does not apply gives the Commonwealth central authority information of a kind mentioned in the subregulation, the Commonwealth central authority must comply with subregulations (3) and (4) as if the information were given under the subregulation.\n\n> Note: Subregulation (4) affects the operation of subregulations 9(1) and (2) in relation to certain States.","sortOrder":11},{"sectionNumber":"Part 4","sectionType":"part","heading":"Commonwealth protection measure","content":"## Part 4—Commonwealth protection measure","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Overseas recognition of a Commonwealth protection measure","content":"#### 10 Overseas recognition of a Commonwealth protection measure\n\n  (1) The relevant Registrar of a court may, on application by an interested person, send to the Commonwealth central authority for transmission to a central authority of a Convention country:\n    (a) a certified copy of an order that is a protection measure taken under the Act; and\n    (b) any information held by the court relating to the whereabouts of the child concerned; and\n    (c) a request, in writing, that the order be recognised in the Convention country.\n  (2) Documents received by the Commonwealth central authority under subregulation (1) must be sent to a central authority of the Convention country.\n  (3) Nothing in this regulation prevents an interested person from obtaining, and sending to a central authority of a Convention country, or a competent authority of a Convention country or a non‑Convention country, copies of the documents and information mentioned in paragraphs (1)(a) and (b) with a request for recognition of the order.","sortOrder":13},{"sectionNumber":"Part 5","sectionType":"part","heading":"Foreign measures—receipt by Commonwealth","content":"## Part 1—Introductory\n\n#### 1 Name of Regulations\n\n  These Regulations are the Family Law (Child Protection Convention) Regulations 2003.\n\n#### 1A Authority\n\n  These Regulations are made under the Family Law Act 1975.\n\n#### 3 Definitions\n\n  (1) In these Regulations:\n\n> Act means the Family Law Act 1975.\n\n> Bureau means the Permanent Bureau of the Hague Conference on Private International Law.\n\n> Commonwealth measure means a Commonwealth personal protection measure or a Commonwealth property protection measure.\n\n> document that is a foreign measure includes a document that, for a purpose of the Child Protection Convention, states the details of a foreign measure.\n\n> protection measure means a measure of protection within the meaning of the Child Protection Convention.\n\n> recognised foreign measure means a foreign measure that, under regulation 12, has been registered in a court in Australia.\n\n> relevant Registrar of a court means:\n\n    (a) in relation to the Federal Circuit and Family Court of Australia (Division 1)—the following:\n    (i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021);\n    (ii) a Senior Registrar or Registrar of that court; or\n    (b) in relation to the Federal Circuit and Family Court of Australia (Division 2)—the following:\n    (i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021);\n    (ii) a Senior Registrar or Registrar of that court; or\n    (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> special medical treatment, in relation to a child, means medical treatment that a parent of the child does not, under Commonwealth law, or the law in force in a State in which the child is present, have authority to consent to.\n\n> State includes the Australian Capital Territory and the Northern Territory.\n\n> State central authority has the meaning given by regulation 7.\n\n> State court means a court exercising jurisdiction under a law mentioned in Schedule 2.\n\n> State measure means a protection measure taken by an authority of a State.\n\n  (2) A word or expression defined for Division 4 of Part XIIIAA of the Act has the same meaning when used in these Regulations as it has for that Division.\n\n> Note 1: Words and expressions to which subregulation (2) apply include:\n\n     another country\n     Australia\n     central authority (of a convention country)\n     Child Protection Convention\n     competent authority\n     Commonwealth central authority\n     Convention country\n     foreign measure\n     non‑Convention country.\n\n> Note 2: Several other words or expressions used in these Regulations have the meaning given by subsection 4(1) of the Act. For example:\n\n     applicant\n     court\n\n> Note 3: Under subsection 111CA(2) of the Act, unless the contrary intention appears, expressions used in the Child Protection Convention have, in these Regulations, the meaning they have in the Convention.\n\n## Part 2—Comparable State law\n\n#### 4 Application of Regulations\n\n  A provision of Part 6, 7 or 8 of these Regulations does not apply to a State in which there is in force a law having the same effect as, or comparable effect to, that which the provision would, except for this regulation, have for the State.\n\n## Part 3—Commonwealth and State central authorities\n\n> Note: Subregulation 3(2) provides that a word or expression defined for Division 4 of Part XIIIAA of the Act has the same meaning when used in these Regulations, including Commonwealth central authority.\n\n#### 5 Functions etc of Commonwealth central authority\n\n  (1) The functions of the Commonwealth central authority are to do, or to coordinate the doing of, anything that is necessary:\n    (a) to enable the performance of Australia’s obligations under the Child Protection Convention; and\n    (b) to obtain for Australia any advantage or benefit under the Child Protection Convention.\n  (2) The Commonwealth central authority:\n    (a) has all of the duties of a central authority under the Child Protection Convention; and\n    (b) may exercise all of the powers of a central authority under the Child Protection Convention.\n  (3) If the exercise by the Commonwealth central authority of one of its functions (the Commonwealth function) would affect the exercise of a function of a State central authority, the Commonwealth central authority must consult the State central authority about the exercise of the Commonwealth function before it is exercised.\n\n#### 6 Notice of designation of Commonwealth central authority\n\n  As soon as practicable after the commencement of these Regulations, the Commonwealth central authority must tell the Bureau, in writing, the Commonwealth central authority’s name, address and functions.\n\n#### 7 State central authorities\n\n  (1) A State central authority for a State is a person:\n    (a) so designated by the State (if it has the capacity to do so) and notified under subregulation 9(1) to the Commonwealth central authority; or\n    (b) if a person is not designated under paragraph (a)—so designated by the Commonwealth, under regulation 8.\n  (2) A State central authority designated under paragraph 8(2)(b) ceases to be a State central authority under that regulation if the State concerned:\n    (a) designates a State central authority for the State; and\n    (b) informs the Commonwealth central authority of the designation under subregulation 9(1).\n\n#### 8 State central authorities—designation by Commonwealth\n\n  (1) The Attorney‑General of the Commonwealth may designate a person, in writing, as a State central authority of a State for the purpose of these Regulations.\n  (2) A person designated must be:\n    (a) the State Minister administering the laws of that State relating to the care and protection of children; or\n    (b) a person holding, or for the time being performing the duties of, an office, in the department or service responsible for the administration of the care and protection of children in the State, that supervises the conduct of that care and protection.\n  (3) A designation may be expressed to have effect only in the circumstances mentioned in the instrument of designation.\n  (4) As soon as practicable after the Attorney‑General designates a State central authority, the Attorney‑General must publish a notice of the designation in the Gazette.\n  (5) In this regulation, State Minister means a Minister of the Crown for the State.\n\n#### 9 Notice of designation of State central authority\n\n  (1) As soon as practicable after a State designates a State central authority, the State must tell the Commonwealth central authority, in writing, the name, address and functions of the State central authority.\n  (2) As soon as practicable after a change to the name, address or functions of a State central authority, the State concerned must tell the Commonwealth central authority, in writing, about the change.\n  (3) As soon as practicable after the Commonwealth central authority is given information under subregulation (1) or (2), it must give the Bureau the same information, in writing.\n  (4) As soon as practicable after the Commonwealth central authority is told about a designation under subregulation (1), it must also publish a notice of the designation in the Gazette.\n  (5) If a State to which subregulation (1) or (2) does not apply gives the Commonwealth central authority information of a kind mentioned in the subregulation, the Commonwealth central authority must comply with subregulations (3) and (4) as if the information were given under the subregulation.\n\n> Note: Subregulation (4) affects the operation of subregulations 9(1) and (2) in relation to certain States.\n\n## Part 4—Commonwealth protection measure\n\n#### 10 Overseas recognition of a Commonwealth protection measure\n\n  (1) The relevant Registrar of a court may, on application by an interested person, send to the Commonwealth central authority for transmission to a central authority of a Convention country:\n    (a) a certified copy of an order that is a protection measure taken under the Act; and\n    (b) any information held by the court relating to the whereabouts of the child concerned; and\n    (c) a request, in writing, that the order be recognised in the Convention country.\n  (2) Documents received by the Commonwealth central authority under subregulation (1) must be sent to a central authority of the Convention country.\n  (3) Nothing in this regulation prevents an interested person from obtaining, and sending to a central authority of a Convention country, or a competent authority of a Convention country or a non‑Convention country, copies of the documents and information mentioned in paragraphs (1)(a) and (b) with a request for recognition of the order.\n\n## Part 5—Foreign measures—receipt by Commonwealth\n\n### Division 1—Registration and implementation\n\n#### 11 Foreign measures received by Commonwealth central authority\n\n  On receiving a document that is a foreign measure, the Commonwealth central authority may:\n    (a) send the document to a State central authority to be dealt with in accordance with the Child Protection Convention (or a comparable law of the State); or\n    (b) send the document to a relevant Registrar of the Federal Circuit and Family Court of Australia, the Family Court of Western Australia or the Supreme Court of the Northern Territory to be dealt with in accordance with regulation 12.\n\n#### 12 Court recognition of a foreign measure\n\n  (1) Subject to regulation 13, on receipt (under regulation 11 or with an application by an interested person) of a document that is a foreign measure, the relevant Registrar of a court may register the foreign measure by:\n    (a) filing in the court a copy of the document; and\n    (b) noting the fact and date of registration on the copy.\n  (2) A foreign measure so registered (a recognised foreign measure):\n    (a) has the same effect as a Commonwealth measure in the same terms; and\n    (b) may, on application by the relevant Registrar of a court or a person interested in the measure (including the child who is the subject of the measure), be registered concurrently in any other court having jurisdiction under the Act.\n  (3) A certificate by a court that the foreign measure has been registered in that court under this regulation is sufficient evidence to enable a concurrent registration to be made.\n  (4) To enforce a recognised foreign measure, an interested person may take legal proceedings in any court that has jurisdiction.\n\n> Note 1: Section 111CT of the Act sets out the effect of registered foreign measures.\n\n> Note 2: For subregulation (4)—jurisdiction is conferred by section 39 of the Act.\n\n#### 13 Measure relating to special medical treatment\n\n  (1) This regulation applies to a foreign measure that relates to special medical treatment of a child.\n  (2) A relevant Registrar of a court who is aware that a foreign measure relates to special medical treatment must not register the measure unless the Federal Circuit and Family Court of Australia, or another authorised court or tribunal, having regard to the child’s best interests, has:\n    (a) authorised the medical treatment; or\n    (b) declared that registration is not contrary to public policy.\n  (3) In the absence of such an authorisation or declaration:\n    (a) registration of the measure in a court is of no effect; and\n    (b) if registration has occurred, a relevant Registrar of the court, on becoming aware that the measure relates to special medical treatment, must:\n    (i) cancel the registration; and\n    (ii) notify the Commonwealth central authority.\n  (4) On receipt of notification under subparagraph (3)(b)(ii), the Commonwealth central authority must notify the State central authority of the State in which the child is present.\n  (5) For this regulation:\n\n> authorised court or tribunal means a court or tribunal that, under the law in force in the State in which the child concerned is present, has jurisdiction to authorise the special medical treatment of the child.\n\n#### 14 Measure relating to protection from abuse\n\n  (1) This regulation applies to proceedings under regulation 15 or proceedings under Part VII of the Act that are affected by a recognised foreign measure.\n  (2) If the court becomes aware that the foreign measure relates to the taking, by a competent authority in a Convention country, of a measure that, in relation to the child concerned:\n    (a) is for the protection of the person of the child from abuse (within the meaning of subsection 60D(1) of the Act); and\n    (b) in its implementation, would involve action by a competent authority in Australia or in another country;\n  the court may require the relevant Registrar of the court to so inform, in writing, the State central authority of the State in which the child is present.\n  (3) If, within 7 days after receiving notice under subregulation (2), the State central authority gives the court written notice that a competent authority in the State will:\n    (a) take a measure of protection in relation to the child; or\n    (b) initiate proceedings in a court in relation to the child;\n  the court must suspend the proceedings before it and cancel the registration of the measure.\n  (4) Despite subregulation (3), if it appears to the court that it is in the child’s best interests to so do, the court may make interim orders in relation to the child.\n\n### Division 2—Variation or cancellation\n\n#### 15 Application for variation or cancellation by court\n\n  (1) On the application of an interested person, a court may make an order:\n    (a) varying the application of a recognised foreign measure; or\n    (b) cancelling the registration of a recognised foreign measure relating to a child.\n  (2) An order may be made only if:\n    (a) the competent authority in the Convention country in which the foreign measure was taken did not have jurisdiction in accordance with the Child Protection Convention to take the measure; or\n    (b) in taking the measure, the competent authority in the Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law; or\n    (c) the registration, or enforcement, of the measure in Australia is contrary to public policy, taking into account the best interests of the child concerned; or\n    (d) the court has jurisdiction under the Act to take a measure of protection for the child in accordance with Division 4 of Part XIIIAA of the Act.\n  (3) For paragraph (2)(b), a competent authority in a Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law if it:\n    (a) did not give the child, or a person with parental responsibility for the child, an opportunity to be heard before the foreign measure was taken; and\n    (b) did not take the measure as a matter of urgency.\n  (4) For paragraph (2)(c), it is a relevant consideration that a court, in proceedings under the Family Law (Child Abduction Convention) Regulations 1986, has previously refused to order the return of the child from Australia to his or her country of habitual residence.\n\n#### 16 Matters relevant in proceedings relating to a foreign measure\n\n  (1) This regulation applies to proceedings affecting, or involving, a foreign measure.\n  (2) The court is bound by findings of fact on which the competent authority, in the Convention country in which the foreign measure was taken, based its jurisdiction.\n  (3) Subject to regulation 15, the court must not review the merits of the foreign measure.\n  (4) Any document relating to the foreign measure that is provided by a competent authority in a Convention country is admissible as evidence of any facts stated in the document.\n  (5) An affidavit relating to the foreign measure that is made by a witness who resides outside Australia, if filed in the proceedings, is admissible as evidence even though the witness does not attend the proceedings for cross‑examination.\n\n#### 17 Notification of competent authority in Convention country\n\n  When a court varies or cancels a foreign measure under this Division, the relevant Registrar of the court must send to the competent authority in the Convention country in which the measure was taken:\n    (a) 3 certified copies of the order varying or cancelling the measure; and\n    (b) a copy of any judgment, decision or statement of reasons given by the court in relation to the order; and\n    (c) a copy of the depositions in the proceedings; and\n    (d) such further material, if any, as the court considers appropriate.\n\n#### 18 Request to foreign competent authority to vary or cancel a measure\n\n  On the application of an interested person, the Commonwealth central authority may assist the person by sending a request to the appropriate competent authority in the Convention country in which a foreign measure was taken to vary, or cancel, the measure.\n\n## Part 6—International cooperation\n\n#### 19 Certificate by relevant Registrar—parental responsibility\n\n  (1) On application by an individual, for Article 40 of the Convention, the relevant Registrar of a court may issue a certificate stating:\n    (a) that the individual has parental responsibility for a child; and\n    (b) whether the individual’s parental responsibility arises from section 61C of the Act or from a parenting order made by a court; and\n    (c) the effect that any parenting order has on the individual’s parental responsibility under section 61D of the Act.\n  (2) A certificate issued under subregulation (1) must include a copy of section 61B of the Act.\n\n> Note: Section 61B of the Act sets out the meaning of parental responsibility.\n\n  (3) The relevant Registrar may, if he or she considers it appropriate, include such other information or material that describes the capacity in which the individual is entitled to act, and the powers of the person, in relation to the child.\n\n#### 20 Effect of certificate\n\n  (1) For Article 40 of the Convention, a certificate has effect under this regulation when issued by a central authority or competent authority of a Convention country other than Australia, being the country:\n    (a) of the child’s habitual residence; or\n    (b) where a measure of protection was taken for the child.\n  (2) A certificate that has effect under this regulation is presumed, in proceedings under the Act, to establish any of the following matters stated in the certificate:\n    (a) that a person is entitled to act in a capacity in relation to a child;\n    (b) that a person has certain powers in relation to a child.\n  (3) Any matter presumed to be established by subregulation (2) is rebuttable by evidence on the balance of probabilities.\n\n## Part 7—Implementation of the Convention in State matters\n\n### Division 1—Application of the Convention and jurisdiction of State courts\n\n#### 21 Provisions of Convention to have effect in each State\n\n  (1) Subject to regulation 4, the provisions of the Convention have effect in each State as a law of that State.\n  (2) Subregulation (1) applies to a State despite any inconsistent provision of the common law in force in the State or a law mentioned in Schedule 2.\n\n#### 22 State court to have jurisdiction\n\n  A State court may exercise jurisdiction in a matter for a request or an invitation made under Article 8 or 9 of the Convention, or in a matter arising under regulation 26.\n\n#### 23 State court may make rules\n\n  (1) A State court may make rules for the practice and procedure to be followed in proceedings under this Part.\n  (2) Subject to any rules made under subregulation (1), the forms prescribed by regulation 30 are to be used in the proceedings.\n\n### Division 2—Foreign measures—receipt by State\n\n#### 24 Foreign measures received by State central authority\n\n  On receiving a document that is a foreign measure, a State central authority may:\n    (a) deal with the measure in accordance with the Child Protection Convention; or\n    (b) send the document to a relevant Registrar of a State court to be dealt with in accordance with regulation 25.\n\n#### 25 State court recognition of a foreign measure\n\n  (1) On receipt of a document that is a foreign measure, the relevant Registrar of a State court may register the foreign measure by:\n    (a) filing in the court a copy of the document; and\n    (b) noting the fact and date of registration on the copy.\n  (2) A foreign measure so registered (a recognised foreign measure):\n    (a) has the same effect as a State measure, in the same terms; and\n    (b) may, on application by the relevant Registrar of a court or a person interested in the measure (including the child who is the subject of the measure), be registered concurrently in any other State court in that State.\n  (3) A certificate by a court that the foreign measure has been registered in that court under this regulation is sufficient evidence to enable a concurrent registration to be made.\n  (4) To enforce a recognised foreign measure, an interested person may take legal proceedings in any State court in which the measure is registered.\n\n### Division 3—Variation or cancellation by State court\n\n#### 26 Application for variation or cancellation by State court\n\n  (1) On the application of an interested person, a State court may make an order:\n    (a) varying the application of a recognised foreign measure; or\n    (b) cancelling the registration of a recognised foreign measure relating to a child.\n  (2) An order may be made only if:\n    (a) the competent authority in the Convention country in which the foreign measure was taken did not have jurisdiction in accordance with the Child Protection Convention to take the measure; or\n    (b) in taking the measure, the competent authority in the Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law; or\n    (c) the registration, or enforcement, of the measure in Australia is contrary to public policy, taking into account the best interests of the child concerned; or\n    (d) the State court has jurisdiction under the Convention to take a measure of protection for the child.\n  (3) For paragraph (2)(b), a competent authority in a Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law if it:\n    (a) did not give the child, or a person with parental responsibility for the child, an opportunity to be heard before the foreign measure was taken; and\n    (b) did not take the measure as a matter of urgency.\n\n#### 27 Matters relevant in proceedings relating to a foreign measure\n\n  (1) This regulation applies to proceedings affecting, or involving, a foreign measure.\n  (2) The State court is bound by findings of fact on which the competent authority, in the Convention country in which the foreign measure was taken, based its jurisdiction.\n  (3) Subject to regulation 26, the State court must not review the merits of the foreign measure.\n  (4) Any document relating to the foreign measure that is provided by a competent authority in a Convention country is admissible as evidence of any facts stated in the document.\n  (5) An affidavit relating to the foreign measure that is made by a witness who resides outside Australia, if filed in the proceedings, is admissible as evidence even though the witness does not attend the proceedings for cross‑examination.\n\n#### 28 Notification of competent authority in Convention country\n\n  When a State court varies or cancels a foreign measure under this Division, the relevant Registrar of the court must send to the competent authority in the Convention country in which the measure was taken:\n    (a) 3 certified copies of the order varying or cancelling the measure; and\n    (b) a copy of any judgment, decision or statement of reasons given by the court in relation to the order; and\n    (c) a copy of the depositions in the proceedings; and\n    (d) such further material, if any, as the court considers appropriate.\n\n#### 29 Request to foreign competent authority to vary or cancel a measure\n\n  On the application of an interested person, the State central authority may assist the person by sending a request to the appropriate competent authority in the Convention country in which a foreign measure was taken to vary, or cancel, the measure.\n\n## Part 8—Miscellaneous\n\n#### 30 Filing or issuing of documents—forms\n\n  A document filed in or issued from a court in proceedings under section 111CN or 111CW of the Act, or regulation 15 or 26, must contain a heading in accordance with Form 1 and be in the following form:\n    (a) for an affidavit—Form 2;\n    (b) for an application for an order—Form 3;\n    (c) for a notice of an application for an order—Form 4;\n    (d) for a response to an application for an order—Form 5;\n    (e) for a reply in response to an application for an order—Form 6.","sortOrder":14},{"sectionNumber":"Division 1","sectionType":"division","heading":"Registration and implementation","content":"## Part 1—Introductory\n\n#### 1 Name of Regulations\n\n  These Regulations are the Family Law (Child Protection Convention) Regulations 2003.\n\n#### 1A Authority\n\n  These Regulations are made under the Family Law Act 1975.\n\n#### 3 Definitions\n\n  (1) In these Regulations:\n\n> Act means the Family Law Act 1975.\n\n> Bureau means the Permanent Bureau of the Hague Conference on Private International Law.\n\n> Commonwealth measure means a Commonwealth personal protection measure or a Commonwealth property protection measure.\n\n> document that is a foreign measure includes a document that, for a purpose of the Child Protection Convention, states the details of a foreign measure.\n\n> protection measure means a measure of protection within the meaning of the Child Protection Convention.\n\n> recognised foreign measure means a foreign measure that, under regulation 12, has been registered in a court in Australia.\n\n> relevant Registrar of a court means:\n\n    (a) in relation to the Federal Circuit and Family Court of Australia (Division 1)—the following:\n    (i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021);\n    (ii) a Senior Registrar or Registrar of that court; or\n    (b) in relation to the Federal Circuit and Family Court of Australia (Division 2)—the following:\n    (i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021);\n    (ii) a Senior Registrar or Registrar of that court; or\n    (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> special medical treatment, in relation to a child, means medical treatment that a parent of the child does not, under Commonwealth law, or the law in force in a State in which the child is present, have authority to consent to.\n\n> State includes the Australian Capital Territory and the Northern Territory.\n\n> State central authority has the meaning given by regulation 7.\n\n> State court means a court exercising jurisdiction under a law mentioned in Schedule 2.\n\n> State measure means a protection measure taken by an authority of a State.\n\n  (2) A word or expression defined for Division 4 of Part XIIIAA of the Act has the same meaning when used in these Regulations as it has for that Division.\n\n> Note 1: Words and expressions to which subregulation (2) apply include:\n\n     another country\n     Australia\n     central authority (of a convention country)\n     Child Protection Convention\n     competent authority\n     Commonwealth central authority\n     Convention country\n     foreign measure\n     non‑Convention country.\n\n> Note 2: Several other words or expressions used in these Regulations have the meaning given by subsection 4(1) of the Act. For example:\n\n     applicant\n     court\n\n> Note 3: Under subsection 111CA(2) of the Act, unless the contrary intention appears, expressions used in the Child Protection Convention have, in these Regulations, the meaning they have in the Convention.\n\n## Part 2—Comparable State law\n\n#### 4 Application of Regulations\n\n  A provision of Part 6, 7 or 8 of these Regulations does not apply to a State in which there is in force a law having the same effect as, or comparable effect to, that which the provision would, except for this regulation, have for the State.\n\n## Part 3—Commonwealth and State central authorities\n\n> Note: Subregulation 3(2) provides that a word or expression defined for Division 4 of Part XIIIAA of the Act has the same meaning when used in these Regulations, including Commonwealth central authority.\n\n#### 5 Functions etc of Commonwealth central authority\n\n  (1) The functions of the Commonwealth central authority are to do, or to coordinate the doing of, anything that is necessary:\n    (a) to enable the performance of Australia’s obligations under the Child Protection Convention; and\n    (b) to obtain for Australia any advantage or benefit under the Child Protection Convention.\n  (2) The Commonwealth central authority:\n    (a) has all of the duties of a central authority under the Child Protection Convention; and\n    (b) may exercise all of the powers of a central authority under the Child Protection Convention.\n  (3) If the exercise by the Commonwealth central authority of one of its functions (the Commonwealth function) would affect the exercise of a function of a State central authority, the Commonwealth central authority must consult the State central authority about the exercise of the Commonwealth function before it is exercised.\n\n#### 6 Notice of designation of Commonwealth central authority\n\n  As soon as practicable after the commencement of these Regulations, the Commonwealth central authority must tell the Bureau, in writing, the Commonwealth central authority’s name, address and functions.\n\n#### 7 State central authorities\n\n  (1) A State central authority for a State is a person:\n    (a) so designated by the State (if it has the capacity to do so) and notified under subregulation 9(1) to the Commonwealth central authority; or\n    (b) if a person is not designated under paragraph (a)—so designated by the Commonwealth, under regulation 8.\n  (2) A State central authority designated under paragraph 8(2)(b) ceases to be a State central authority under that regulation if the State concerned:\n    (a) designates a State central authority for the State; and\n    (b) informs the Commonwealth central authority of the designation under subregulation 9(1).\n\n#### 8 State central authorities—designation by Commonwealth\n\n  (1) The Attorney‑General of the Commonwealth may designate a person, in writing, as a State central authority of a State for the purpose of these Regulations.\n  (2) A person designated must be:\n    (a) the State Minister administering the laws of that State relating to the care and protection of children; or\n    (b) a person holding, or for the time being performing the duties of, an office, in the department or service responsible for the administration of the care and protection of children in the State, that supervises the conduct of that care and protection.\n  (3) A designation may be expressed to have effect only in the circumstances mentioned in the instrument of designation.\n  (4) As soon as practicable after the Attorney‑General designates a State central authority, the Attorney‑General must publish a notice of the designation in the Gazette.\n  (5) In this regulation, State Minister means a Minister of the Crown for the State.\n\n#### 9 Notice of designation of State central authority\n\n  (1) As soon as practicable after a State designates a State central authority, the State must tell the Commonwealth central authority, in writing, the name, address and functions of the State central authority.\n  (2) As soon as practicable after a change to the name, address or functions of a State central authority, the State concerned must tell the Commonwealth central authority, in writing, about the change.\n  (3) As soon as practicable after the Commonwealth central authority is given information under subregulation (1) or (2), it must give the Bureau the same information, in writing.\n  (4) As soon as practicable after the Commonwealth central authority is told about a designation under subregulation (1), it must also publish a notice of the designation in the Gazette.\n  (5) If a State to which subregulation (1) or (2) does not apply gives the Commonwealth central authority information of a kind mentioned in the subregulation, the Commonwealth central authority must comply with subregulations (3) and (4) as if the information were given under the subregulation.\n\n> Note: Subregulation (4) affects the operation of subregulations 9(1) and (2) in relation to certain States.\n\n## Part 4—Commonwealth protection measure\n\n#### 10 Overseas recognition of a Commonwealth protection measure\n\n  (1) The relevant Registrar of a court may, on application by an interested person, send to the Commonwealth central authority for transmission to a central authority of a Convention country:\n    (a) a certified copy of an order that is a protection measure taken under the Act; and\n    (b) any information held by the court relating to the whereabouts of the child concerned; and\n    (c) a request, in writing, that the order be recognised in the Convention country.\n  (2) Documents received by the Commonwealth central authority under subregulation (1) must be sent to a central authority of the Convention country.\n  (3) Nothing in this regulation prevents an interested person from obtaining, and sending to a central authority of a Convention country, or a competent authority of a Convention country or a non‑Convention country, copies of the documents and information mentioned in paragraphs (1)(a) and (b) with a request for recognition of the order.\n\n## Part 5—Foreign measures—receipt by Commonwealth\n\n### Division 1—Registration and implementation\n\n#### 11 Foreign measures received by Commonwealth central authority\n\n  On receiving a document that is a foreign measure, the Commonwealth central authority may:\n    (a) send the document to a State central authority to be dealt with in accordance with the Child Protection Convention (or a comparable law of the State); or\n    (b) send the document to a relevant Registrar of the Federal Circuit and Family Court of Australia, the Family Court of Western Australia or the Supreme Court of the Northern Territory to be dealt with in accordance with regulation 12.\n\n#### 12 Court recognition of a foreign measure\n\n  (1) Subject to regulation 13, on receipt (under regulation 11 or with an application by an interested person) of a document that is a foreign measure, the relevant Registrar of a court may register the foreign measure by:\n    (a) filing in the court a copy of the document; and\n    (b) noting the fact and date of registration on the copy.\n  (2) A foreign measure so registered (a recognised foreign measure):\n    (a) has the same effect as a Commonwealth measure in the same terms; and\n    (b) may, on application by the relevant Registrar of a court or a person interested in the measure (including the child who is the subject of the measure), be registered concurrently in any other court having jurisdiction under the Act.\n  (3) A certificate by a court that the foreign measure has been registered in that court under this regulation is sufficient evidence to enable a concurrent registration to be made.\n  (4) To enforce a recognised foreign measure, an interested person may take legal proceedings in any court that has jurisdiction.\n\n> Note 1: Section 111CT of the Act sets out the effect of registered foreign measures.\n\n> Note 2: For subregulation (4)—jurisdiction is conferred by section 39 of the Act.\n\n#### 13 Measure relating to special medical treatment\n\n  (1) This regulation applies to a foreign measure that relates to special medical treatment of a child.\n  (2) A relevant Registrar of a court who is aware that a foreign measure relates to special medical treatment must not register the measure unless the Federal Circuit and Family Court of Australia, or another authorised court or tribunal, having regard to the child’s best interests, has:\n    (a) authorised the medical treatment; or\n    (b) declared that registration is not contrary to public policy.\n  (3) In the absence of such an authorisation or declaration:\n    (a) registration of the measure in a court is of no effect; and\n    (b) if registration has occurred, a relevant Registrar of the court, on becoming aware that the measure relates to special medical treatment, must:\n    (i) cancel the registration; and\n    (ii) notify the Commonwealth central authority.\n  (4) On receipt of notification under subparagraph (3)(b)(ii), the Commonwealth central authority must notify the State central authority of the State in which the child is present.\n  (5) For this regulation:\n\n> authorised court or tribunal means a court or tribunal that, under the law in force in the State in which the child concerned is present, has jurisdiction to authorise the special medical treatment of the child.\n\n#### 14 Measure relating to protection from abuse\n\n  (1) This regulation applies to proceedings under regulation 15 or proceedings under Part VII of the Act that are affected by a recognised foreign measure.\n  (2) If the court becomes aware that the foreign measure relates to the taking, by a competent authority in a Convention country, of a measure that, in relation to the child concerned:\n    (a) is for the protection of the person of the child from abuse (within the meaning of subsection 60D(1) of the Act); and\n    (b) in its implementation, would involve action by a competent authority in Australia or in another country;\n  the court may require the relevant Registrar of the court to so inform, in writing, the State central authority of the State in which the child is present.\n  (3) If, within 7 days after receiving notice under subregulation (2), the State central authority gives the court written notice that a competent authority in the State will:\n    (a) take a measure of protection in relation to the child; or\n    (b) initiate proceedings in a court in relation to the child;\n  the court must suspend the proceedings before it and cancel the registration of the measure.\n  (4) Despite subregulation (3), if it appears to the court that it is in the child’s best interests to so do, the court may make interim orders in relation to the child.\n\n### Division 2—Variation or cancellation\n\n#### 15 Application for variation or cancellation by court\n\n  (1) On the application of an interested person, a court may make an order:\n    (a) varying the application of a recognised foreign measure; or\n    (b) cancelling the registration of a recognised foreign measure relating to a child.\n  (2) An order may be made only if:\n    (a) the competent authority in the Convention country in which the foreign measure was taken did not have jurisdiction in accordance with the Child Protection Convention to take the measure; or\n    (b) in taking the measure, the competent authority in the Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law; or\n    (c) the registration, or enforcement, of the measure in Australia is contrary to public policy, taking into account the best interests of the child concerned; or\n    (d) the court has jurisdiction under the Act to take a measure of protection for the child in accordance with Division 4 of Part XIIIAA of the Act.\n  (3) For paragraph (2)(b), a competent authority in a Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law if it:\n    (a) did not give the child, or a person with parental responsibility for the child, an opportunity to be heard before the foreign measure was taken; and\n    (b) did not take the measure as a matter of urgency.\n  (4) For paragraph (2)(c), it is a relevant consideration that a court, in proceedings under the Family Law (Child Abduction Convention) Regulations 1986, has previously refused to order the return of the child from Australia to his or her country of habitual residence.\n\n#### 16 Matters relevant in proceedings relating to a foreign measure\n\n  (1) This regulation applies to proceedings affecting, or involving, a foreign measure.\n  (2) The court is bound by findings of fact on which the competent authority, in the Convention country in which the foreign measure was taken, based its jurisdiction.\n  (3) Subject to regulation 15, the court must not review the merits of the foreign measure.\n  (4) Any document relating to the foreign measure that is provided by a competent authority in a Convention country is admissible as evidence of any facts stated in the document.\n  (5) An affidavit relating to the foreign measure that is made by a witness who resides outside Australia, if filed in the proceedings, is admissible as evidence even though the witness does not attend the proceedings for cross‑examination.\n\n#### 17 Notification of competent authority in Convention country\n\n  When a court varies or cancels a foreign measure under this Division, the relevant Registrar of the court must send to the competent authority in the Convention country in which the measure was taken:\n    (a) 3 certified copies of the order varying or cancelling the measure; and\n    (b) a copy of any judgment, decision or statement of reasons given by the court in relation to the order; and\n    (c) a copy of the depositions in the proceedings; and\n    (d) such further material, if any, as the court considers appropriate.\n\n#### 18 Request to foreign competent authority to vary or cancel a measure\n\n  On the application of an interested person, the Commonwealth central authority may assist the person by sending a request to the appropriate competent authority in the Convention country in which a foreign measure was taken to vary, or cancel, the measure.\n\n## Part 6—International cooperation\n\n#### 19 Certificate by relevant Registrar—parental responsibility\n\n  (1) On application by an individual, for Article 40 of the Convention, the relevant Registrar of a court may issue a certificate stating:\n    (a) that the individual has parental responsibility for a child; and\n    (b) whether the individual’s parental responsibility arises from section 61C of the Act or from a parenting order made by a court; and\n    (c) the effect that any parenting order has on the individual’s parental responsibility under section 61D of the Act.\n  (2) A certificate issued under subregulation (1) must include a copy of section 61B of the Act.\n\n> Note: Section 61B of the Act sets out the meaning of parental responsibility.\n\n  (3) The relevant Registrar may, if he or she considers it appropriate, include such other information or material that describes the capacity in which the individual is entitled to act, and the powers of the person, in relation to the child.\n\n#### 20 Effect of certificate\n\n  (1) For Article 40 of the Convention, a certificate has effect under this regulation when issued by a central authority or competent authority of a Convention country other than Australia, being the country:\n    (a) of the child’s habitual residence; or\n    (b) where a measure of protection was taken for the child.\n  (2) A certificate that has effect under this regulation is presumed, in proceedings under the Act, to establish any of the following matters stated in the certificate:\n    (a) that a person is entitled to act in a capacity in relation to a child;\n    (b) that a person has certain powers in relation to a child.\n  (3) Any matter presumed to be established by subregulation (2) is rebuttable by evidence on the balance of probabilities.\n\n## Part 7—Implementation of the Convention in State matters\n\n### Division 1—Application of the Convention and jurisdiction of State courts\n\n#### 21 Provisions of Convention to have effect in each State\n\n  (1) Subject to regulation 4, the provisions of the Convention have effect in each State as a law of that State.\n  (2) Subregulation (1) applies to a State despite any inconsistent provision of the common law in force in the State or a law mentioned in Schedule 2.\n\n#### 22 State court to have jurisdiction\n\n  A State court may exercise jurisdiction in a matter for a request or an invitation made under Article 8 or 9 of the Convention, or in a matter arising under regulation 26.\n\n#### 23 State court may make rules\n\n  (1) A State court may make rules for the practice and procedure to be followed in proceedings under this Part.\n  (2) Subject to any rules made under subregulation (1), the forms prescribed by regulation 30 are to be used in the proceedings.\n\n### Division 2—Foreign measures—receipt by State\n\n#### 24 Foreign measures received by State central authority\n\n  On receiving a document that is a foreign measure, a State central authority may:\n    (a) deal with the measure in accordance with the Child Protection Convention; or\n    (b) send the document to a relevant Registrar of a State court to be dealt with in accordance with regulation 25.\n\n#### 25 State court recognition of a foreign measure\n\n  (1) On receipt of a document that is a foreign measure, the relevant Registrar of a State court may register the foreign measure by:\n    (a) filing in the court a copy of the document; and\n    (b) noting the fact and date of registration on the copy.\n  (2) A foreign measure so registered (a recognised foreign measure):\n    (a) has the same effect as a State measure, in the same terms; and\n    (b) may, on application by the relevant Registrar of a court or a person interested in the measure (including the child who is the subject of the measure), be registered concurrently in any other State court in that State.\n  (3) A certificate by a court that the foreign measure has been registered in that court under this regulation is sufficient evidence to enable a concurrent registration to be made.\n  (4) To enforce a recognised foreign measure, an interested person may take legal proceedings in any State court in which the measure is registered.\n\n### Division 3—Variation or cancellation by State court\n\n#### 26 Application for variation or cancellation by State court\n\n  (1) On the application of an interested person, a State court may make an order:\n    (a) varying the application of a recognised foreign measure; or\n    (b) cancelling the registration of a recognised foreign measure relating to a child.\n  (2) An order may be made only if:\n    (a) the competent authority in the Convention country in which the foreign measure was taken did not have jurisdiction in accordance with the Child Protection Convention to take the measure; or\n    (b) in taking the measure, the competent authority in the Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law; or\n    (c) the registration, or enforcement, of the measure in Australia is contrary to public policy, taking into account the best interests of the child concerned; or\n    (d) the State court has jurisdiction under the Convention to take a measure of protection for the child.\n  (3) For paragraph (2)(b), a competent authority in a Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law if it:\n    (a) did not give the child, or a person with parental responsibility for the child, an opportunity to be heard before the foreign measure was taken; and\n    (b) did not take the measure as a matter of urgency.\n\n#### 27 Matters relevant in proceedings relating to a foreign measure\n\n  (1) This regulation applies to proceedings affecting, or involving, a foreign measure.\n  (2) The State court is bound by findings of fact on which the competent authority, in the Convention country in which the foreign measure was taken, based its jurisdiction.\n  (3) Subject to regulation 26, the State court must not review the merits of the foreign measure.\n  (4) Any document relating to the foreign measure that is provided by a competent authority in a Convention country is admissible as evidence of any facts stated in the document.\n  (5) An affidavit relating to the foreign measure that is made by a witness who resides outside Australia, if filed in the proceedings, is admissible as evidence even though the witness does not attend the proceedings for cross‑examination.\n\n#### 28 Notification of competent authority in Convention country\n\n  When a State court varies or cancels a foreign measure under this Division, the relevant Registrar of the court must send to the competent authority in the Convention country in which the measure was taken:\n    (a) 3 certified copies of the order varying or cancelling the measure; and\n    (b) a copy of any judgment, decision or statement of reasons given by the court in relation to the order; and\n    (c) a copy of the depositions in the proceedings; and\n    (d) such further material, if any, as the court considers appropriate.\n\n#### 29 Request to foreign competent authority to vary or cancel a measure\n\n  On the application of an interested person, the State central authority may assist the person by sending a request to the appropriate competent authority in the Convention country in which a foreign measure was taken to vary, or cancel, the measure.\n\n## Part 8—Miscellaneous\n\n#### 30 Filing or issuing of documents—forms\n\n  A document filed in or issued from a court in proceedings under section 111CN or 111CW of the Act, or regulation 15 or 26, must contain a heading in accordance with Form 1 and be in the following form:\n    (a) for an affidavit—Form 2;\n    (b) for an application for an order—Form 3;\n    (c) for a notice of an application for an order—Form 4;\n    (d) for a response to an application for an order—Form 5;\n    (e) for a reply in response to an application for an order—Form 6.","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Foreign measures received by Commonwealth central authority","content":"#### 11 Foreign measures received by Commonwealth central authority\n\n  On receiving a document that is a foreign measure, the Commonwealth central authority may:\n    (a) send the document to a State central authority to be dealt with in accordance with the Child Protection Convention (or a comparable law of the State); or\n    (b) send the document to a relevant Registrar of the Federal Circuit and Family Court of Australia, the Family Court of Western Australia or the Supreme Court of the Northern Territory to be dealt with in accordance with regulation 12.","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Court recognition of a foreign measure","content":"#### 12 Court recognition of a foreign measure\n\n  (1) Subject to regulation 13, on receipt (under regulation 11 or with an application by an interested person) of a document that is a foreign measure, the relevant Registrar of a court may register the foreign measure by:\n    (a) filing in the court a copy of the document; and\n    (b) noting the fact and date of registration on the copy.\n  (2) A foreign measure so registered (a recognised foreign measure):\n    (a) has the same effect as a Commonwealth measure in the same terms; and\n    (b) may, on application by the relevant Registrar of a court or a person interested in the measure (including the child who is the subject of the measure), be registered concurrently in any other court having jurisdiction under the Act.\n  (3) A certificate by a court that the foreign measure has been registered in that court under this regulation is sufficient evidence to enable a concurrent registration to be made.\n  (4) To enforce a recognised foreign measure, an interested person may take legal proceedings in any court that has jurisdiction.\n\n> Note 1: Section 111CT of the Act sets out the effect of registered foreign measures.\n\n> Note 2: For subregulation (4)—jurisdiction is conferred by section 39 of the Act.","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Measure relating to special medical treatment","content":"#### 13 Measure relating to special medical treatment\n\n  (1) This regulation applies to a foreign measure that relates to special medical treatment of a child.\n  (2) A relevant Registrar of a court who is aware that a foreign measure relates to special medical treatment must not register the measure unless the Federal Circuit and Family Court of Australia, or another authorised court or tribunal, having regard to the child’s best interests, has:\n    (a) authorised the medical treatment; or\n    (b) declared that registration is not contrary to public policy.\n  (3) In the absence of such an authorisation or declaration:\n    (a) registration of the measure in a court is of no effect; and\n    (b) if registration has occurred, a relevant Registrar of the court, on becoming aware that the measure relates to special medical treatment, must:\n    (i) cancel the registration; and\n    (ii) notify the Commonwealth central authority.\n  (4) On receipt of notification under subparagraph (3)(b)(ii), the Commonwealth central authority must notify the State central authority of the State in which the child is present.\n  (5) For this regulation:\n\n> authorised court or tribunal means a court or tribunal that, under the law in force in the State in which the child concerned is present, has jurisdiction to authorise the special medical treatment of the child.","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Measure relating to protection from abuse","content":"#### 14 Measure relating to protection from abuse\n\n  (1) This regulation applies to proceedings under regulation 15 or proceedings under Part VII of the Act that are affected by a recognised foreign measure.\n  (2) If the court becomes aware that the foreign measure relates to the taking, by a competent authority in a Convention country, of a measure that, in relation to the child concerned:\n    (a) is for the protection of the person of the child from abuse (within the meaning of subsection 60D(1) of the Act); and\n    (b) in its implementation, would involve action by a competent authority in Australia or in another country;\n  the court may require the relevant Registrar of the court to so inform, in writing, the State central authority of the State in which the child is present.\n  (3) If, within 7 days after receiving notice under subregulation (2), the State central authority gives the court written notice that a competent authority in the State will:\n    (a) take a measure of protection in relation to the child; or\n    (b) initiate proceedings in a court in relation to the child;\n  the court must suspend the proceedings before it and cancel the registration of the measure.\n  (4) Despite subregulation (3), if it appears to the court that it is in the child’s best interests to so do, the court may make interim orders in relation to the child.","sortOrder":19},{"sectionNumber":"Division 2","sectionType":"division","heading":"Variation or cancellation","content":"## Part 1—Introductory\n\n#### 1 Name of Regulations\n\n  These Regulations are the Family Law (Child Protection Convention) Regulations 2003.\n\n#### 1A Authority\n\n  These Regulations are made under the Family Law Act 1975.\n\n#### 3 Definitions\n\n  (1) In these Regulations:\n\n> Act means the Family Law Act 1975.\n\n> Bureau means the Permanent Bureau of the Hague Conference on Private International Law.\n\n> Commonwealth measure means a Commonwealth personal protection measure or a Commonwealth property protection measure.\n\n> document that is a foreign measure includes a document that, for a purpose of the Child Protection Convention, states the details of a foreign measure.\n\n> protection measure means a measure of protection within the meaning of the Child Protection Convention.\n\n> recognised foreign measure means a foreign measure that, under regulation 12, has been registered in a court in Australia.\n\n> relevant Registrar of a court means:\n\n    (a) in relation to the Federal Circuit and Family Court of Australia (Division 1)—the following:\n    (i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021);\n    (ii) a Senior Registrar or Registrar of that court; or\n    (b) in relation to the Federal Circuit and Family Court of Australia (Division 2)—the following:\n    (i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021);\n    (ii) a Senior Registrar or Registrar of that court; or\n    (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> special medical treatment, in relation to a child, means medical treatment that a parent of the child does not, under Commonwealth law, or the law in force in a State in which the child is present, have authority to consent to.\n\n> State includes the Australian Capital Territory and the Northern Territory.\n\n> State central authority has the meaning given by regulation 7.\n\n> State court means a court exercising jurisdiction under a law mentioned in Schedule 2.\n\n> State measure means a protection measure taken by an authority of a State.\n\n  (2) A word or expression defined for Division 4 of Part XIIIAA of the Act has the same meaning when used in these Regulations as it has for that Division.\n\n> Note 1: Words and expressions to which subregulation (2) apply include:\n\n     another country\n     Australia\n     central authority (of a convention country)\n     Child Protection Convention\n     competent authority\n     Commonwealth central authority\n     Convention country\n     foreign measure\n     non‑Convention country.\n\n> Note 2: Several other words or expressions used in these Regulations have the meaning given by subsection 4(1) of the Act. For example:\n\n     applicant\n     court\n\n> Note 3: Under subsection 111CA(2) of the Act, unless the contrary intention appears, expressions used in the Child Protection Convention have, in these Regulations, the meaning they have in the Convention.\n\n## Part 2—Comparable State law\n\n#### 4 Application of Regulations\n\n  A provision of Part 6, 7 or 8 of these Regulations does not apply to a State in which there is in force a law having the same effect as, or comparable effect to, that which the provision would, except for this regulation, have for the State.\n\n## Part 3—Commonwealth and State central authorities\n\n> Note: Subregulation 3(2) provides that a word or expression defined for Division 4 of Part XIIIAA of the Act has the same meaning when used in these Regulations, including Commonwealth central authority.\n\n#### 5 Functions etc of Commonwealth central authority\n\n  (1) The functions of the Commonwealth central authority are to do, or to coordinate the doing of, anything that is necessary:\n    (a) to enable the performance of Australia’s obligations under the Child Protection Convention; and\n    (b) to obtain for Australia any advantage or benefit under the Child Protection Convention.\n  (2) The Commonwealth central authority:\n    (a) has all of the duties of a central authority under the Child Protection Convention; and\n    (b) may exercise all of the powers of a central authority under the Child Protection Convention.\n  (3) If the exercise by the Commonwealth central authority of one of its functions (the Commonwealth function) would affect the exercise of a function of a State central authority, the Commonwealth central authority must consult the State central authority about the exercise of the Commonwealth function before it is exercised.\n\n#### 6 Notice of designation of Commonwealth central authority\n\n  As soon as practicable after the commencement of these Regulations, the Commonwealth central authority must tell the Bureau, in writing, the Commonwealth central authority’s name, address and functions.\n\n#### 7 State central authorities\n\n  (1) A State central authority for a State is a person:\n    (a) so designated by the State (if it has the capacity to do so) and notified under subregulation 9(1) to the Commonwealth central authority; or\n    (b) if a person is not designated under paragraph (a)—so designated by the Commonwealth, under regulation 8.\n  (2) A State central authority designated under paragraph 8(2)(b) ceases to be a State central authority under that regulation if the State concerned:\n    (a) designates a State central authority for the State; and\n    (b) informs the Commonwealth central authority of the designation under subregulation 9(1).\n\n#### 8 State central authorities—designation by Commonwealth\n\n  (1) The Attorney‑General of the Commonwealth may designate a person, in writing, as a State central authority of a State for the purpose of these Regulations.\n  (2) A person designated must be:\n    (a) the State Minister administering the laws of that State relating to the care and protection of children; or\n    (b) a person holding, or for the time being performing the duties of, an office, in the department or service responsible for the administration of the care and protection of children in the State, that supervises the conduct of that care and protection.\n  (3) A designation may be expressed to have effect only in the circumstances mentioned in the instrument of designation.\n  (4) As soon as practicable after the Attorney‑General designates a State central authority, the Attorney‑General must publish a notice of the designation in the Gazette.\n  (5) In this regulation, State Minister means a Minister of the Crown for the State.\n\n#### 9 Notice of designation of State central authority\n\n  (1) As soon as practicable after a State designates a State central authority, the State must tell the Commonwealth central authority, in writing, the name, address and functions of the State central authority.\n  (2) As soon as practicable after a change to the name, address or functions of a State central authority, the State concerned must tell the Commonwealth central authority, in writing, about the change.\n  (3) As soon as practicable after the Commonwealth central authority is given information under subregulation (1) or (2), it must give the Bureau the same information, in writing.\n  (4) As soon as practicable after the Commonwealth central authority is told about a designation under subregulation (1), it must also publish a notice of the designation in the Gazette.\n  (5) If a State to which subregulation (1) or (2) does not apply gives the Commonwealth central authority information of a kind mentioned in the subregulation, the Commonwealth central authority must comply with subregulations (3) and (4) as if the information were given under the subregulation.\n\n> Note: Subregulation (4) affects the operation of subregulations 9(1) and (2) in relation to certain States.\n\n## Part 4—Commonwealth protection measure\n\n#### 10 Overseas recognition of a Commonwealth protection measure\n\n  (1) The relevant Registrar of a court may, on application by an interested person, send to the Commonwealth central authority for transmission to a central authority of a Convention country:\n    (a) a certified copy of an order that is a protection measure taken under the Act; and\n    (b) any information held by the court relating to the whereabouts of the child concerned; and\n    (c) a request, in writing, that the order be recognised in the Convention country.\n  (2) Documents received by the Commonwealth central authority under subregulation (1) must be sent to a central authority of the Convention country.\n  (3) Nothing in this regulation prevents an interested person from obtaining, and sending to a central authority of a Convention country, or a competent authority of a Convention country or a non‑Convention country, copies of the documents and information mentioned in paragraphs (1)(a) and (b) with a request for recognition of the order.\n\n## Part 5—Foreign measures—receipt by Commonwealth\n\n### Division 1—Registration and implementation\n\n#### 11 Foreign measures received by Commonwealth central authority\n\n  On receiving a document that is a foreign measure, the Commonwealth central authority may:\n    (a) send the document to a State central authority to be dealt with in accordance with the Child Protection Convention (or a comparable law of the State); or\n    (b) send the document to a relevant Registrar of the Federal Circuit and Family Court of Australia, the Family Court of Western Australia or the Supreme Court of the Northern Territory to be dealt with in accordance with regulation 12.\n\n#### 12 Court recognition of a foreign measure\n\n  (1) Subject to regulation 13, on receipt (under regulation 11 or with an application by an interested person) of a document that is a foreign measure, the relevant Registrar of a court may register the foreign measure by:\n    (a) filing in the court a copy of the document; and\n    (b) noting the fact and date of registration on the copy.\n  (2) A foreign measure so registered (a recognised foreign measure):\n    (a) has the same effect as a Commonwealth measure in the same terms; and\n    (b) may, on application by the relevant Registrar of a court or a person interested in the measure (including the child who is the subject of the measure), be registered concurrently in any other court having jurisdiction under the Act.\n  (3) A certificate by a court that the foreign measure has been registered in that court under this regulation is sufficient evidence to enable a concurrent registration to be made.\n  (4) To enforce a recognised foreign measure, an interested person may take legal proceedings in any court that has jurisdiction.\n\n> Note 1: Section 111CT of the Act sets out the effect of registered foreign measures.\n\n> Note 2: For subregulation (4)—jurisdiction is conferred by section 39 of the Act.\n\n#### 13 Measure relating to special medical treatment\n\n  (1) This regulation applies to a foreign measure that relates to special medical treatment of a child.\n  (2) A relevant Registrar of a court who is aware that a foreign measure relates to special medical treatment must not register the measure unless the Federal Circuit and Family Court of Australia, or another authorised court or tribunal, having regard to the child’s best interests, has:\n    (a) authorised the medical treatment; or\n    (b) declared that registration is not contrary to public policy.\n  (3) In the absence of such an authorisation or declaration:\n    (a) registration of the measure in a court is of no effect; and\n    (b) if registration has occurred, a relevant Registrar of the court, on becoming aware that the measure relates to special medical treatment, must:\n    (i) cancel the registration; and\n    (ii) notify the Commonwealth central authority.\n  (4) On receipt of notification under subparagraph (3)(b)(ii), the Commonwealth central authority must notify the State central authority of the State in which the child is present.\n  (5) For this regulation:\n\n> authorised court or tribunal means a court or tribunal that, under the law in force in the State in which the child concerned is present, has jurisdiction to authorise the special medical treatment of the child.\n\n#### 14 Measure relating to protection from abuse\n\n  (1) This regulation applies to proceedings under regulation 15 or proceedings under Part VII of the Act that are affected by a recognised foreign measure.\n  (2) If the court becomes aware that the foreign measure relates to the taking, by a competent authority in a Convention country, of a measure that, in relation to the child concerned:\n    (a) is for the protection of the person of the child from abuse (within the meaning of subsection 60D(1) of the Act); and\n    (b) in its implementation, would involve action by a competent authority in Australia or in another country;\n  the court may require the relevant Registrar of the court to so inform, in writing, the State central authority of the State in which the child is present.\n  (3) If, within 7 days after receiving notice under subregulation (2), the State central authority gives the court written notice that a competent authority in the State will:\n    (a) take a measure of protection in relation to the child; or\n    (b) initiate proceedings in a court in relation to the child;\n  the court must suspend the proceedings before it and cancel the registration of the measure.\n  (4) Despite subregulation (3), if it appears to the court that it is in the child’s best interests to so do, the court may make interim orders in relation to the child.\n\n### Division 2—Variation or cancellation\n\n#### 15 Application for variation or cancellation by court\n\n  (1) On the application of an interested person, a court may make an order:\n    (a) varying the application of a recognised foreign measure; or\n    (b) cancelling the registration of a recognised foreign measure relating to a child.\n  (2) An order may be made only if:\n    (a) the competent authority in the Convention country in which the foreign measure was taken did not have jurisdiction in accordance with the Child Protection Convention to take the measure; or\n    (b) in taking the measure, the competent authority in the Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law; or\n    (c) the registration, or enforcement, of the measure in Australia is contrary to public policy, taking into account the best interests of the child concerned; or\n    (d) the court has jurisdiction under the Act to take a measure of protection for the child in accordance with Division 4 of Part XIIIAA of the Act.\n  (3) For paragraph (2)(b), a competent authority in a Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law if it:\n    (a) did not give the child, or a person with parental responsibility for the child, an opportunity to be heard before the foreign measure was taken; and\n    (b) did not take the measure as a matter of urgency.\n  (4) For paragraph (2)(c), it is a relevant consideration that a court, in proceedings under the Family Law (Child Abduction Convention) Regulations 1986, has previously refused to order the return of the child from Australia to his or her country of habitual residence.\n\n#### 16 Matters relevant in proceedings relating to a foreign measure\n\n  (1) This regulation applies to proceedings affecting, or involving, a foreign measure.\n  (2) The court is bound by findings of fact on which the competent authority, in the Convention country in which the foreign measure was taken, based its jurisdiction.\n  (3) Subject to regulation 15, the court must not review the merits of the foreign measure.\n  (4) Any document relating to the foreign measure that is provided by a competent authority in a Convention country is admissible as evidence of any facts stated in the document.\n  (5) An affidavit relating to the foreign measure that is made by a witness who resides outside Australia, if filed in the proceedings, is admissible as evidence even though the witness does not attend the proceedings for cross‑examination.\n\n#### 17 Notification of competent authority in Convention country\n\n  When a court varies or cancels a foreign measure under this Division, the relevant Registrar of the court must send to the competent authority in the Convention country in which the measure was taken:\n    (a) 3 certified copies of the order varying or cancelling the measure; and\n    (b) a copy of any judgment, decision or statement of reasons given by the court in relation to the order; and\n    (c) a copy of the depositions in the proceedings; and\n    (d) such further material, if any, as the court considers appropriate.\n\n#### 18 Request to foreign competent authority to vary or cancel a measure\n\n  On the application of an interested person, the Commonwealth central authority may assist the person by sending a request to the appropriate competent authority in the Convention country in which a foreign measure was taken to vary, or cancel, the measure.\n\n## Part 6—International cooperation\n\n#### 19 Certificate by relevant Registrar—parental responsibility\n\n  (1) On application by an individual, for Article 40 of the Convention, the relevant Registrar of a court may issue a certificate stating:\n    (a) that the individual has parental responsibility for a child; and\n    (b) whether the individual’s parental responsibility arises from section 61C of the Act or from a parenting order made by a court; and\n    (c) the effect that any parenting order has on the individual’s parental responsibility under section 61D of the Act.\n  (2) A certificate issued under subregulation (1) must include a copy of section 61B of the Act.\n\n> Note: Section 61B of the Act sets out the meaning of parental responsibility.\n\n  (3) The relevant Registrar may, if he or she considers it appropriate, include such other information or material that describes the capacity in which the individual is entitled to act, and the powers of the person, in relation to the child.\n\n#### 20 Effect of certificate\n\n  (1) For Article 40 of the Convention, a certificate has effect under this regulation when issued by a central authority or competent authority of a Convention country other than Australia, being the country:\n    (a) of the child’s habitual residence; or\n    (b) where a measure of protection was taken for the child.\n  (2) A certificate that has effect under this regulation is presumed, in proceedings under the Act, to establish any of the following matters stated in the certificate:\n    (a) that a person is entitled to act in a capacity in relation to a child;\n    (b) that a person has certain powers in relation to a child.\n  (3) Any matter presumed to be established by subregulation (2) is rebuttable by evidence on the balance of probabilities.\n\n## Part 7—Implementation of the Convention in State matters\n\n### Division 1—Application of the Convention and jurisdiction of State courts\n\n#### 21 Provisions of Convention to have effect in each State\n\n  (1) Subject to regulation 4, the provisions of the Convention have effect in each State as a law of that State.\n  (2) Subregulation (1) applies to a State despite any inconsistent provision of the common law in force in the State or a law mentioned in Schedule 2.\n\n#### 22 State court to have jurisdiction\n\n  A State court may exercise jurisdiction in a matter for a request or an invitation made under Article 8 or 9 of the Convention, or in a matter arising under regulation 26.\n\n#### 23 State court may make rules\n\n  (1) A State court may make rules for the practice and procedure to be followed in proceedings under this Part.\n  (2) Subject to any rules made under subregulation (1), the forms prescribed by regulation 30 are to be used in the proceedings.\n\n### Division 2—Foreign measures—receipt by State\n\n#### 24 Foreign measures received by State central authority\n\n  On receiving a document that is a foreign measure, a State central authority may:\n    (a) deal with the measure in accordance with the Child Protection Convention; or\n    (b) send the document to a relevant Registrar of a State court to be dealt with in accordance with regulation 25.\n\n#### 25 State court recognition of a foreign measure\n\n  (1) On receipt of a document that is a foreign measure, the relevant Registrar of a State court may register the foreign measure by:\n    (a) filing in the court a copy of the document; and\n    (b) noting the fact and date of registration on the copy.\n  (2) A foreign measure so registered (a recognised foreign measure):\n    (a) has the same effect as a State measure, in the same terms; and\n    (b) may, on application by the relevant Registrar of a court or a person interested in the measure (including the child who is the subject of the measure), be registered concurrently in any other State court in that State.\n  (3) A certificate by a court that the foreign measure has been registered in that court under this regulation is sufficient evidence to enable a concurrent registration to be made.\n  (4) To enforce a recognised foreign measure, an interested person may take legal proceedings in any State court in which the measure is registered.\n\n### Division 3—Variation or cancellation by State court\n\n#### 26 Application for variation or cancellation by State court\n\n  (1) On the application of an interested person, a State court may make an order:\n    (a) varying the application of a recognised foreign measure; or\n    (b) cancelling the registration of a recognised foreign measure relating to a child.\n  (2) An order may be made only if:\n    (a) the competent authority in the Convention country in which the foreign measure was taken did not have jurisdiction in accordance with the Child Protection Convention to take the measure; or\n    (b) in taking the measure, the competent authority in the Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law; or\n    (c) the registration, or enforcement, of the measure in Australia is contrary to public policy, taking into account the best interests of the child concerned; or\n    (d) the State court has jurisdiction under the Convention to take a measure of protection for the child.\n  (3) For paragraph (2)(b), a competent authority in a Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law if it:\n    (a) did not give the child, or a person with parental responsibility for the child, an opportunity to be heard before the foreign measure was taken; and\n    (b) did not take the measure as a matter of urgency.\n\n#### 27 Matters relevant in proceedings relating to a foreign measure\n\n  (1) This regulation applies to proceedings affecting, or involving, a foreign measure.\n  (2) The State court is bound by findings of fact on which the competent authority, in the Convention country in which the foreign measure was taken, based its jurisdiction.\n  (3) Subject to regulation 26, the State court must not review the merits of the foreign measure.\n  (4) Any document relating to the foreign measure that is provided by a competent authority in a Convention country is admissible as evidence of any facts stated in the document.\n  (5) An affidavit relating to the foreign measure that is made by a witness who resides outside Australia, if filed in the proceedings, is admissible as evidence even though the witness does not attend the proceedings for cross‑examination.\n\n#### 28 Notification of competent authority in Convention country\n\n  When a State court varies or cancels a foreign measure under this Division, the relevant Registrar of the court must send to the competent authority in the Convention country in which the measure was taken:\n    (a) 3 certified copies of the order varying or cancelling the measure; and\n    (b) a copy of any judgment, decision or statement of reasons given by the court in relation to the order; and\n    (c) a copy of the depositions in the proceedings; and\n    (d) such further material, if any, as the court considers appropriate.\n\n#### 29 Request to foreign competent authority to vary or cancel a measure\n\n  On the application of an interested person, the State central authority may assist the person by sending a request to the appropriate competent authority in the Convention country in which a foreign measure was taken to vary, or cancel, the measure.\n\n## Part 8—Miscellaneous\n\n#### 30 Filing or issuing of documents—forms\n\n  A document filed in or issued from a court in proceedings under section 111CN or 111CW of the Act, or regulation 15 or 26, must contain a heading in accordance with Form 1 and be in the following form:\n    (a) for an affidavit—Form 2;\n    (b) for an application for an order—Form 3;\n    (c) for a notice of an application for an order—Form 4;\n    (d) for a response to an application for an order—Form 5;\n    (e) for a reply in response to an application for an order—Form 6.","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Application for variation or cancellation by court","content":"#### 15 Application for variation or cancellation by court\n\n  (1) On the application of an interested person, a court may make an order:\n    (a) varying the application of a recognised foreign measure; or\n    (b) cancelling the registration of a recognised foreign measure relating to a child.\n  (2) An order may be made only if:\n    (a) the competent authority in the Convention country in which the foreign measure was taken did not have jurisdiction in accordance with the Child Protection Convention to take the measure; or\n    (b) in taking the measure, the competent authority in the Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law; or\n    (c) the registration, or enforcement, of the measure in Australia is contrary to public policy, taking into account the best interests of the child concerned; or\n    (d) the court has jurisdiction under the Act to take a measure of protection for the child in accordance with Division 4 of Part XIIIAA of the Act.\n  (3) For paragraph (2)(b), a competent authority in a Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law if it:\n    (a) did not give the child, or a person with parental responsibility for the child, an opportunity to be heard before the foreign measure was taken; and\n    (b) did not take the measure as a matter of urgency.\n  (4) For paragraph (2)(c), it is a relevant consideration that a court, in proceedings under the Family Law (Child Abduction Convention) Regulations 1986, has previously refused to order the return of the child from Australia to his or her country of habitual residence.","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Matters relevant in proceedings relating to a foreign measure","content":"#### 16 Matters relevant in proceedings relating to a foreign measure\n\n  (1) This regulation applies to proceedings affecting, or involving, a foreign measure.\n  (2) The court is bound by findings of fact on which the competent authority, in the Convention country in which the foreign measure was taken, based its jurisdiction.\n  (3) Subject to regulation 15, the court must not review the merits of the foreign measure.\n  (4) Any document relating to the foreign measure that is provided by a competent authority in a Convention country is admissible as evidence of any facts stated in the document.\n  (5) An affidavit relating to the foreign measure that is made by a witness who resides outside Australia, if filed in the proceedings, is admissible as evidence even though the witness does not attend the proceedings for cross‑examination.","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Notification of competent authority in Convention country","content":"#### 17 Notification of competent authority in Convention country\n\n  When a court varies or cancels a foreign measure under this Division, the relevant Registrar of the court must send to the competent authority in the Convention country in which the measure was taken:\n    (a) 3 certified copies of the order varying or cancelling the measure; and\n    (b) a copy of any judgment, decision or statement of reasons given by the court in relation to the order; and\n    (c) a copy of the depositions in the proceedings; and\n    (d) such further material, if any, as the court considers appropriate.","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Request to foreign competent authority to vary or cancel a measure","content":"#### 18 Request to foreign competent authority to vary or cancel a measure\n\n  On the application of an interested person, the Commonwealth central authority may assist the person by sending a request to the appropriate competent authority in the Convention country in which a foreign measure was taken to vary, or cancel, the measure.","sortOrder":24},{"sectionNumber":"Part 6","sectionType":"part","heading":"International cooperation","content":"## Part 6—International cooperation","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Certificate by relevant Registrar—parental responsibility","content":"#### 19 Certificate by relevant Registrar—parental responsibility\n\n  (1) On application by an individual, for Article 40 of the Convention, the relevant Registrar of a court may issue a certificate stating:\n    (a) that the individual has parental responsibility for a child; and\n    (b) whether the individual’s parental responsibility arises from section 61C of the Act or from a parenting order made by a court; and\n    (c) the effect that any parenting order has on the individual’s parental responsibility under section 61D of the Act.\n  (2) A certificate issued under subregulation (1) must include a copy of section 61B of the Act.\n\n> Note: Section 61B of the Act sets out the meaning of parental responsibility.\n\n  (3) The relevant Registrar may, if he or she considers it appropriate, include such other information or material that describes the capacity in which the individual is entitled to act, and the powers of the person, in relation to the child.","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Effect of certificate","content":"#### 20 Effect of certificate\n\n  (1) For Article 40 of the Convention, a certificate has effect under this regulation when issued by a central authority or competent authority of a Convention country other than Australia, being the country:\n    (a) of the child’s habitual residence; or\n    (b) where a measure of protection was taken for the child.\n  (2) A certificate that has effect under this regulation is presumed, in proceedings under the Act, to establish any of the following matters stated in the certificate:\n    (a) that a person is entitled to act in a capacity in relation to a child;\n    (b) that a person has certain powers in relation to a child.\n  (3) Any matter presumed to be established by subregulation (2) is rebuttable by evidence on the balance of probabilities.","sortOrder":27},{"sectionNumber":"Part 7","sectionType":"part","heading":"Implementation of the Convention in State matters","content":"## Part 1—Introductory\n\n#### 1 Name of Regulations\n\n  These Regulations are the Family Law (Child Protection Convention) Regulations 2003.\n\n#### 1A Authority\n\n  These Regulations are made under the Family Law Act 1975.\n\n#### 3 Definitions\n\n  (1) In these Regulations:\n\n> Act means the Family Law Act 1975.\n\n> Bureau means the Permanent Bureau of the Hague Conference on Private International Law.\n\n> Commonwealth measure means a Commonwealth personal protection measure or a Commonwealth property protection measure.\n\n> document that is a foreign measure includes a document that, for a purpose of the Child Protection Convention, states the details of a foreign measure.\n\n> protection measure means a measure of protection within the meaning of the Child Protection Convention.\n\n> recognised foreign measure means a foreign measure that, under regulation 12, has been registered in a court in Australia.\n\n> relevant Registrar of a court means:\n\n    (a) in relation to the Federal Circuit and Family Court of Australia (Division 1)—the following:\n    (i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021);\n    (ii) a Senior Registrar or Registrar of that court; or\n    (b) in relation to the Federal Circuit and Family Court of Australia (Division 2)—the following:\n    (i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021);\n    (ii) a Senior Registrar or Registrar of that court; or\n    (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> special medical treatment, in relation to a child, means medical treatment that a parent of the child does not, under Commonwealth law, or the law in force in a State in which the child is present, have authority to consent to.\n\n> State includes the Australian Capital Territory and the Northern Territory.\n\n> State central authority has the meaning given by regulation 7.\n\n> State court means a court exercising jurisdiction under a law mentioned in Schedule 2.\n\n> State measure means a protection measure taken by an authority of a State.\n\n  (2) A word or expression defined for Division 4 of Part XIIIAA of the Act has the same meaning when used in these Regulations as it has for that Division.\n\n> Note 1: Words and expressions to which subregulation (2) apply include:\n\n     another country\n     Australia\n     central authority (of a convention country)\n     Child Protection Convention\n     competent authority\n     Commonwealth central authority\n     Convention country\n     foreign measure\n     non‑Convention country.\n\n> Note 2: Several other words or expressions used in these Regulations have the meaning given by subsection 4(1) of the Act. For example:\n\n     applicant\n     court\n\n> Note 3: Under subsection 111CA(2) of the Act, unless the contrary intention appears, expressions used in the Child Protection Convention have, in these Regulations, the meaning they have in the Convention.\n\n## Part 2—Comparable State law\n\n#### 4 Application of Regulations\n\n  A provision of Part 6, 7 or 8 of these Regulations does not apply to a State in which there is in force a law having the same effect as, or comparable effect to, that which the provision would, except for this regulation, have for the State.\n\n## Part 3—Commonwealth and State central authorities\n\n> Note: Subregulation 3(2) provides that a word or expression defined for Division 4 of Part XIIIAA of the Act has the same meaning when used in these Regulations, including Commonwealth central authority.\n\n#### 5 Functions etc of Commonwealth central authority\n\n  (1) The functions of the Commonwealth central authority are to do, or to coordinate the doing of, anything that is necessary:\n    (a) to enable the performance of Australia’s obligations under the Child Protection Convention; and\n    (b) to obtain for Australia any advantage or benefit under the Child Protection Convention.\n  (2) The Commonwealth central authority:\n    (a) has all of the duties of a central authority under the Child Protection Convention; and\n    (b) may exercise all of the powers of a central authority under the Child Protection Convention.\n  (3) If the exercise by the Commonwealth central authority of one of its functions (the Commonwealth function) would affect the exercise of a function of a State central authority, the Commonwealth central authority must consult the State central authority about the exercise of the Commonwealth function before it is exercised.\n\n#### 6 Notice of designation of Commonwealth central authority\n\n  As soon as practicable after the commencement of these Regulations, the Commonwealth central authority must tell the Bureau, in writing, the Commonwealth central authority’s name, address and functions.\n\n#### 7 State central authorities\n\n  (1) A State central authority for a State is a person:\n    (a) so designated by the State (if it has the capacity to do so) and notified under subregulation 9(1) to the Commonwealth central authority; or\n    (b) if a person is not designated under paragraph (a)—so designated by the Commonwealth, under regulation 8.\n  (2) A State central authority designated under paragraph 8(2)(b) ceases to be a State central authority under that regulation if the State concerned:\n    (a) designates a State central authority for the State; and\n    (b) informs the Commonwealth central authority of the designation under subregulation 9(1).\n\n#### 8 State central authorities—designation by Commonwealth\n\n  (1) The Attorney‑General of the Commonwealth may designate a person, in writing, as a State central authority of a State for the purpose of these Regulations.\n  (2) A person designated must be:\n    (a) the State Minister administering the laws of that State relating to the care and protection of children; or\n    (b) a person holding, or for the time being performing the duties of, an office, in the department or service responsible for the administration of the care and protection of children in the State, that supervises the conduct of that care and protection.\n  (3) A designation may be expressed to have effect only in the circumstances mentioned in the instrument of designation.\n  (4) As soon as practicable after the Attorney‑General designates a State central authority, the Attorney‑General must publish a notice of the designation in the Gazette.\n  (5) In this regulation, State Minister means a Minister of the Crown for the State.\n\n#### 9 Notice of designation of State central authority\n\n  (1) As soon as practicable after a State designates a State central authority, the State must tell the Commonwealth central authority, in writing, the name, address and functions of the State central authority.\n  (2) As soon as practicable after a change to the name, address or functions of a State central authority, the State concerned must tell the Commonwealth central authority, in writing, about the change.\n  (3) As soon as practicable after the Commonwealth central authority is given information under subregulation (1) or (2), it must give the Bureau the same information, in writing.\n  (4) As soon as practicable after the Commonwealth central authority is told about a designation under subregulation (1), it must also publish a notice of the designation in the Gazette.\n  (5) If a State to which subregulation (1) or (2) does not apply gives the Commonwealth central authority information of a kind mentioned in the subregulation, the Commonwealth central authority must comply with subregulations (3) and (4) as if the information were given under the subregulation.\n\n> Note: Subregulation (4) affects the operation of subregulations 9(1) and (2) in relation to certain States.\n\n## Part 4—Commonwealth protection measure\n\n#### 10 Overseas recognition of a Commonwealth protection measure\n\n  (1) The relevant Registrar of a court may, on application by an interested person, send to the Commonwealth central authority for transmission to a central authority of a Convention country:\n    (a) a certified copy of an order that is a protection measure taken under the Act; and\n    (b) any information held by the court relating to the whereabouts of the child concerned; and\n    (c) a request, in writing, that the order be recognised in the Convention country.\n  (2) Documents received by the Commonwealth central authority under subregulation (1) must be sent to a central authority of the Convention country.\n  (3) Nothing in this regulation prevents an interested person from obtaining, and sending to a central authority of a Convention country, or a competent authority of a Convention country or a non‑Convention country, copies of the documents and information mentioned in paragraphs (1)(a) and (b) with a request for recognition of the order.\n\n## Part 5—Foreign measures—receipt by Commonwealth\n\n### Division 1—Registration and implementation\n\n#### 11 Foreign measures received by Commonwealth central authority\n\n  On receiving a document that is a foreign measure, the Commonwealth central authority may:\n    (a) send the document to a State central authority to be dealt with in accordance with the Child Protection Convention (or a comparable law of the State); or\n    (b) send the document to a relevant Registrar of the Federal Circuit and Family Court of Australia, the Family Court of Western Australia or the Supreme Court of the Northern Territory to be dealt with in accordance with regulation 12.\n\n#### 12 Court recognition of a foreign measure\n\n  (1) Subject to regulation 13, on receipt (under regulation 11 or with an application by an interested person) of a document that is a foreign measure, the relevant Registrar of a court may register the foreign measure by:\n    (a) filing in the court a copy of the document; and\n    (b) noting the fact and date of registration on the copy.\n  (2) A foreign measure so registered (a recognised foreign measure):\n    (a) has the same effect as a Commonwealth measure in the same terms; and\n    (b) may, on application by the relevant Registrar of a court or a person interested in the measure (including the child who is the subject of the measure), be registered concurrently in any other court having jurisdiction under the Act.\n  (3) A certificate by a court that the foreign measure has been registered in that court under this regulation is sufficient evidence to enable a concurrent registration to be made.\n  (4) To enforce a recognised foreign measure, an interested person may take legal proceedings in any court that has jurisdiction.\n\n> Note 1: Section 111CT of the Act sets out the effect of registered foreign measures.\n\n> Note 2: For subregulation (4)—jurisdiction is conferred by section 39 of the Act.\n\n#### 13 Measure relating to special medical treatment\n\n  (1) This regulation applies to a foreign measure that relates to special medical treatment of a child.\n  (2) A relevant Registrar of a court who is aware that a foreign measure relates to special medical treatment must not register the measure unless the Federal Circuit and Family Court of Australia, or another authorised court or tribunal, having regard to the child’s best interests, has:\n    (a) authorised the medical treatment; or\n    (b) declared that registration is not contrary to public policy.\n  (3) In the absence of such an authorisation or declaration:\n    (a) registration of the measure in a court is of no effect; and\n    (b) if registration has occurred, a relevant Registrar of the court, on becoming aware that the measure relates to special medical treatment, must:\n    (i) cancel the registration; and\n    (ii) notify the Commonwealth central authority.\n  (4) On receipt of notification under subparagraph (3)(b)(ii), the Commonwealth central authority must notify the State central authority of the State in which the child is present.\n  (5) For this regulation:\n\n> authorised court or tribunal means a court or tribunal that, under the law in force in the State in which the child concerned is present, has jurisdiction to authorise the special medical treatment of the child.\n\n#### 14 Measure relating to protection from abuse\n\n  (1) This regulation applies to proceedings under regulation 15 or proceedings under Part VII of the Act that are affected by a recognised foreign measure.\n  (2) If the court becomes aware that the foreign measure relates to the taking, by a competent authority in a Convention country, of a measure that, in relation to the child concerned:\n    (a) is for the protection of the person of the child from abuse (within the meaning of subsection 60D(1) of the Act); and\n    (b) in its implementation, would involve action by a competent authority in Australia or in another country;\n  the court may require the relevant Registrar of the court to so inform, in writing, the State central authority of the State in which the child is present.\n  (3) If, within 7 days after receiving notice under subregulation (2), the State central authority gives the court written notice that a competent authority in the State will:\n    (a) take a measure of protection in relation to the child; or\n    (b) initiate proceedings in a court in relation to the child;\n  the court must suspend the proceedings before it and cancel the registration of the measure.\n  (4) Despite subregulation (3), if it appears to the court that it is in the child’s best interests to so do, the court may make interim orders in relation to the child.\n\n### Division 2—Variation or cancellation\n\n#### 15 Application for variation or cancellation by court\n\n  (1) On the application of an interested person, a court may make an order:\n    (a) varying the application of a recognised foreign measure; or\n    (b) cancelling the registration of a recognised foreign measure relating to a child.\n  (2) An order may be made only if:\n    (a) the competent authority in the Convention country in which the foreign measure was taken did not have jurisdiction in accordance with the Child Protection Convention to take the measure; or\n    (b) in taking the measure, the competent authority in the Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law; or\n    (c) the registration, or enforcement, of the measure in Australia is contrary to public policy, taking into account the best interests of the child concerned; or\n    (d) the court has jurisdiction under the Act to take a measure of protection for the child in accordance with Division 4 of Part XIIIAA of the Act.\n  (3) For paragraph (2)(b), a competent authority in a Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law if it:\n    (a) did not give the child, or a person with parental responsibility for the child, an opportunity to be heard before the foreign measure was taken; and\n    (b) did not take the measure as a matter of urgency.\n  (4) For paragraph (2)(c), it is a relevant consideration that a court, in proceedings under the Family Law (Child Abduction Convention) Regulations 1986, has previously refused to order the return of the child from Australia to his or her country of habitual residence.\n\n#### 16 Matters relevant in proceedings relating to a foreign measure\n\n  (1) This regulation applies to proceedings affecting, or involving, a foreign measure.\n  (2) The court is bound by findings of fact on which the competent authority, in the Convention country in which the foreign measure was taken, based its jurisdiction.\n  (3) Subject to regulation 15, the court must not review the merits of the foreign measure.\n  (4) Any document relating to the foreign measure that is provided by a competent authority in a Convention country is admissible as evidence of any facts stated in the document.\n  (5) An affidavit relating to the foreign measure that is made by a witness who resides outside Australia, if filed in the proceedings, is admissible as evidence even though the witness does not attend the proceedings for cross‑examination.\n\n#### 17 Notification of competent authority in Convention country\n\n  When a court varies or cancels a foreign measure under this Division, the relevant Registrar of the court must send to the competent authority in the Convention country in which the measure was taken:\n    (a) 3 certified copies of the order varying or cancelling the measure; and\n    (b) a copy of any judgment, decision or statement of reasons given by the court in relation to the order; and\n    (c) a copy of the depositions in the proceedings; and\n    (d) such further material, if any, as the court considers appropriate.\n\n#### 18 Request to foreign competent authority to vary or cancel a measure\n\n  On the application of an interested person, the Commonwealth central authority may assist the person by sending a request to the appropriate competent authority in the Convention country in which a foreign measure was taken to vary, or cancel, the measure.\n\n## Part 6—International cooperation\n\n#### 19 Certificate by relevant Registrar—parental responsibility\n\n  (1) On application by an individual, for Article 40 of the Convention, the relevant Registrar of a court may issue a certificate stating:\n    (a) that the individual has parental responsibility for a child; and\n    (b) whether the individual’s parental responsibility arises from section 61C of the Act or from a parenting order made by a court; and\n    (c) the effect that any parenting order has on the individual’s parental responsibility under section 61D of the Act.\n  (2) A certificate issued under subregulation (1) must include a copy of section 61B of the Act.\n\n> Note: Section 61B of the Act sets out the meaning of parental responsibility.\n\n  (3) The relevant Registrar may, if he or she considers it appropriate, include such other information or material that describes the capacity in which the individual is entitled to act, and the powers of the person, in relation to the child.\n\n#### 20 Effect of certificate\n\n  (1) For Article 40 of the Convention, a certificate has effect under this regulation when issued by a central authority or competent authority of a Convention country other than Australia, being the country:\n    (a) of the child’s habitual residence; or\n    (b) where a measure of protection was taken for the child.\n  (2) A certificate that has effect under this regulation is presumed, in proceedings under the Act, to establish any of the following matters stated in the certificate:\n    (a) that a person is entitled to act in a capacity in relation to a child;\n    (b) that a person has certain powers in relation to a child.\n  (3) Any matter presumed to be established by subregulation (2) is rebuttable by evidence on the balance of probabilities.\n\n## Part 7—Implementation of the Convention in State matters\n\n### Division 1—Application of the Convention and jurisdiction of State courts\n\n#### 21 Provisions of Convention to have effect in each State\n\n  (1) Subject to regulation 4, the provisions of the Convention have effect in each State as a law of that State.\n  (2) Subregulation (1) applies to a State despite any inconsistent provision of the common law in force in the State or a law mentioned in Schedule 2.\n\n#### 22 State court to have jurisdiction\n\n  A State court may exercise jurisdiction in a matter for a request or an invitation made under Article 8 or 9 of the Convention, or in a matter arising under regulation 26.\n\n#### 23 State court may make rules\n\n  (1) A State court may make rules for the practice and procedure to be followed in proceedings under this Part.\n  (2) Subject to any rules made under subregulation (1), the forms prescribed by regulation 30 are to be used in the proceedings.\n\n### Division 2—Foreign measures—receipt by State\n\n#### 24 Foreign measures received by State central authority\n\n  On receiving a document that is a foreign measure, a State central authority may:\n    (a) deal with the measure in accordance with the Child Protection Convention; or\n    (b) send the document to a relevant Registrar of a State court to be dealt with in accordance with regulation 25.\n\n#### 25 State court recognition of a foreign measure\n\n  (1) On receipt of a document that is a foreign measure, the relevant Registrar of a State court may register the foreign measure by:\n    (a) filing in the court a copy of the document; and\n    (b) noting the fact and date of registration on the copy.\n  (2) A foreign measure so registered (a recognised foreign measure):\n    (a) has the same effect as a State measure, in the same terms; and\n    (b) may, on application by the relevant Registrar of a court or a person interested in the measure (including the child who is the subject of the measure), be registered concurrently in any other State court in that State.\n  (3) A certificate by a court that the foreign measure has been registered in that court under this regulation is sufficient evidence to enable a concurrent registration to be made.\n  (4) To enforce a recognised foreign measure, an interested person may take legal proceedings in any State court in which the measure is registered.\n\n### Division 3—Variation or cancellation by State court\n\n#### 26 Application for variation or cancellation by State court\n\n  (1) On the application of an interested person, a State court may make an order:\n    (a) varying the application of a recognised foreign measure; or\n    (b) cancelling the registration of a recognised foreign measure relating to a child.\n  (2) An order may be made only if:\n    (a) the competent authority in the Convention country in which the foreign measure was taken did not have jurisdiction in accordance with the Child Protection Convention to take the measure; or\n    (b) in taking the measure, the competent authority in the Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law; or\n    (c) the registration, or enforcement, of the measure in Australia is contrary to public policy, taking into account the best interests of the child concerned; or\n    (d) the State court has jurisdiction under the Convention to take a measure of protection for the child.\n  (3) For paragraph (2)(b), a competent authority in a Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law if it:\n    (a) did not give the child, or a person with parental responsibility for the child, an opportunity to be heard before the foreign measure was taken; and\n    (b) did not take the measure as a matter of urgency.\n\n#### 27 Matters relevant in proceedings relating to a foreign measure\n\n  (1) This regulation applies to proceedings affecting, or involving, a foreign measure.\n  (2) The State court is bound by findings of fact on which the competent authority, in the Convention country in which the foreign measure was taken, based its jurisdiction.\n  (3) Subject to regulation 26, the State court must not review the merits of the foreign measure.\n  (4) Any document relating to the foreign measure that is provided by a competent authority in a Convention country is admissible as evidence of any facts stated in the document.\n  (5) An affidavit relating to the foreign measure that is made by a witness who resides outside Australia, if filed in the proceedings, is admissible as evidence even though the witness does not attend the proceedings for cross‑examination.\n\n#### 28 Notification of competent authority in Convention country\n\n  When a State court varies or cancels a foreign measure under this Division, the relevant Registrar of the court must send to the competent authority in the Convention country in which the measure was taken:\n    (a) 3 certified copies of the order varying or cancelling the measure; and\n    (b) a copy of any judgment, decision or statement of reasons given by the court in relation to the order; and\n    (c) a copy of the depositions in the proceedings; and\n    (d) such further material, if any, as the court considers appropriate.\n\n#### 29 Request to foreign competent authority to vary or cancel a measure\n\n  On the application of an interested person, the State central authority may assist the person by sending a request to the appropriate competent authority in the Convention country in which a foreign measure was taken to vary, or cancel, the measure.\n\n## Part 8—Miscellaneous\n\n#### 30 Filing or issuing of documents—forms\n\n  A document filed in or issued from a court in proceedings under section 111CN or 111CW of the Act, or regulation 15 or 26, must contain a heading in accordance with Form 1 and be in the following form:\n    (a) for an affidavit—Form 2;\n    (b) for an application for an order—Form 3;\n    (c) for a notice of an application for an order—Form 4;\n    (d) for a response to an application for an order—Form 5;\n    (e) for a reply in response to an application for an order—Form 6.","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Provisions of Convention to have effect in each State","content":"#### 21 Provisions of Convention to have effect in each State\n\n  (1) Subject to regulation 4, the provisions of the Convention have effect in each State as a law of that State.\n  (2) Subregulation (1) applies to a State despite any inconsistent provision of the common law in force in the State or a law mentioned in Schedule 2.","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"State court to have jurisdiction","content":"#### 22 State court to have jurisdiction\n\n  A State court may exercise jurisdiction in a matter for a request or an invitation made under Article 8 or 9 of the Convention, or in a matter arising under regulation 26.","sortOrder":31},{"sectionNumber":"23","sectionType":"section","heading":"State court may make rules","content":"#### 23 State court may make rules\n\n  (1) A State court may make rules for the practice and procedure to be followed in proceedings under this Part.\n  (2) Subject to any rules made under subregulation (1), the forms prescribed by regulation 30 are to be used in the proceedings.","sortOrder":32},{"sectionNumber":"24","sectionType":"section","heading":"Foreign measures received by State central authority","content":"#### 24 Foreign measures received by State central authority\n\n  On receiving a document that is a foreign measure, a State central authority may:\n    (a) deal with the measure in accordance with the Child Protection Convention; or\n    (b) send the document to a relevant Registrar of a State court to be dealt with in accordance with regulation 25.","sortOrder":34},{"sectionNumber":"25","sectionType":"section","heading":"State court recognition of a foreign measure","content":"#### 25 State court recognition of a foreign measure\n\n  (1) On receipt of a document that is a foreign measure, the relevant Registrar of a State court may register the foreign measure by:\n    (a) filing in the court a copy of the document; and\n    (b) noting the fact and date of registration on the copy.\n  (2) A foreign measure so registered (a recognised foreign measure):\n    (a) has the same effect as a State measure, in the same terms; and\n    (b) may, on application by the relevant Registrar of a court or a person interested in the measure (including the child who is the subject of the measure), be registered concurrently in any other State court in that State.\n  (3) A certificate by a court that the foreign measure has been registered in that court under this regulation is sufficient evidence to enable a concurrent registration to be made.\n  (4) To enforce a recognised foreign measure, an interested person may take legal proceedings in any State court in which the measure is registered.","sortOrder":35},{"sectionNumber":"Division 3","sectionType":"division","heading":"Variation or cancellation by State court","content":"## Part 1—Introductory\n\n#### 1 Name of Regulations\n\n  These Regulations are the Family Law (Child Protection Convention) Regulations 2003.\n\n#### 1A Authority\n\n  These Regulations are made under the Family Law Act 1975.\n\n#### 3 Definitions\n\n  (1) In these Regulations:\n\n> Act means the Family Law Act 1975.\n\n> Bureau means the Permanent Bureau of the Hague Conference on Private International Law.\n\n> Commonwealth measure means a Commonwealth personal protection measure or a Commonwealth property protection measure.\n\n> document that is a foreign measure includes a document that, for a purpose of the Child Protection Convention, states the details of a foreign measure.\n\n> protection measure means a measure of protection within the meaning of the Child Protection Convention.\n\n> recognised foreign measure means a foreign measure that, under regulation 12, has been registered in a court in Australia.\n\n> relevant Registrar of a court means:\n\n    (a) in relation to the Federal Circuit and Family Court of Australia (Division 1)—the following:\n    (i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021);\n    (ii) a Senior Registrar or Registrar of that court; or\n    (b) in relation to the Federal Circuit and Family Court of Australia (Division 2)—the following:\n    (i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021);\n    (ii) a Senior Registrar or Registrar of that court; or\n    (c) in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.\n\n> special medical treatment, in relation to a child, means medical treatment that a parent of the child does not, under Commonwealth law, or the law in force in a State in which the child is present, have authority to consent to.\n\n> State includes the Australian Capital Territory and the Northern Territory.\n\n> State central authority has the meaning given by regulation 7.\n\n> State court means a court exercising jurisdiction under a law mentioned in Schedule 2.\n\n> State measure means a protection measure taken by an authority of a State.\n\n  (2) A word or expression defined for Division 4 of Part XIIIAA of the Act has the same meaning when used in these Regulations as it has for that Division.\n\n> Note 1: Words and expressions to which subregulation (2) apply include:\n\n     another country\n     Australia\n     central authority (of a convention country)\n     Child Protection Convention\n     competent authority\n     Commonwealth central authority\n     Convention country\n     foreign measure\n     non‑Convention country.\n\n> Note 2: Several other words or expressions used in these Regulations have the meaning given by subsection 4(1) of the Act. For example:\n\n     applicant\n     court\n\n> Note 3: Under subsection 111CA(2) of the Act, unless the contrary intention appears, expressions used in the Child Protection Convention have, in these Regulations, the meaning they have in the Convention.\n\n## Part 2—Comparable State law\n\n#### 4 Application of Regulations\n\n  A provision of Part 6, 7 or 8 of these Regulations does not apply to a State in which there is in force a law having the same effect as, or comparable effect to, that which the provision would, except for this regulation, have for the State.\n\n## Part 3—Commonwealth and State central authorities\n\n> Note: Subregulation 3(2) provides that a word or expression defined for Division 4 of Part XIIIAA of the Act has the same meaning when used in these Regulations, including Commonwealth central authority.\n\n#### 5 Functions etc of Commonwealth central authority\n\n  (1) The functions of the Commonwealth central authority are to do, or to coordinate the doing of, anything that is necessary:\n    (a) to enable the performance of Australia’s obligations under the Child Protection Convention; and\n    (b) to obtain for Australia any advantage or benefit under the Child Protection Convention.\n  (2) The Commonwealth central authority:\n    (a) has all of the duties of a central authority under the Child Protection Convention; and\n    (b) may exercise all of the powers of a central authority under the Child Protection Convention.\n  (3) If the exercise by the Commonwealth central authority of one of its functions (the Commonwealth function) would affect the exercise of a function of a State central authority, the Commonwealth central authority must consult the State central authority about the exercise of the Commonwealth function before it is exercised.\n\n#### 6 Notice of designation of Commonwealth central authority\n\n  As soon as practicable after the commencement of these Regulations, the Commonwealth central authority must tell the Bureau, in writing, the Commonwealth central authority’s name, address and functions.\n\n#### 7 State central authorities\n\n  (1) A State central authority for a State is a person:\n    (a) so designated by the State (if it has the capacity to do so) and notified under subregulation 9(1) to the Commonwealth central authority; or\n    (b) if a person is not designated under paragraph (a)—so designated by the Commonwealth, under regulation 8.\n  (2) A State central authority designated under paragraph 8(2)(b) ceases to be a State central authority under that regulation if the State concerned:\n    (a) designates a State central authority for the State; and\n    (b) informs the Commonwealth central authority of the designation under subregulation 9(1).\n\n#### 8 State central authorities—designation by Commonwealth\n\n  (1) The Attorney‑General of the Commonwealth may designate a person, in writing, as a State central authority of a State for the purpose of these Regulations.\n  (2) A person designated must be:\n    (a) the State Minister administering the laws of that State relating to the care and protection of children; or\n    (b) a person holding, or for the time being performing the duties of, an office, in the department or service responsible for the administration of the care and protection of children in the State, that supervises the conduct of that care and protection.\n  (3) A designation may be expressed to have effect only in the circumstances mentioned in the instrument of designation.\n  (4) As soon as practicable after the Attorney‑General designates a State central authority, the Attorney‑General must publish a notice of the designation in the Gazette.\n  (5) In this regulation, State Minister means a Minister of the Crown for the State.\n\n#### 9 Notice of designation of State central authority\n\n  (1) As soon as practicable after a State designates a State central authority, the State must tell the Commonwealth central authority, in writing, the name, address and functions of the State central authority.\n  (2) As soon as practicable after a change to the name, address or functions of a State central authority, the State concerned must tell the Commonwealth central authority, in writing, about the change.\n  (3) As soon as practicable after the Commonwealth central authority is given information under subregulation (1) or (2), it must give the Bureau the same information, in writing.\n  (4) As soon as practicable after the Commonwealth central authority is told about a designation under subregulation (1), it must also publish a notice of the designation in the Gazette.\n  (5) If a State to which subregulation (1) or (2) does not apply gives the Commonwealth central authority information of a kind mentioned in the subregulation, the Commonwealth central authority must comply with subregulations (3) and (4) as if the information were given under the subregulation.\n\n> Note: Subregulation (4) affects the operation of subregulations 9(1) and (2) in relation to certain States.\n\n## Part 4—Commonwealth protection measure\n\n#### 10 Overseas recognition of a Commonwealth protection measure\n\n  (1) The relevant Registrar of a court may, on application by an interested person, send to the Commonwealth central authority for transmission to a central authority of a Convention country:\n    (a) a certified copy of an order that is a protection measure taken under the Act; and\n    (b) any information held by the court relating to the whereabouts of the child concerned; and\n    (c) a request, in writing, that the order be recognised in the Convention country.\n  (2) Documents received by the Commonwealth central authority under subregulation (1) must be sent to a central authority of the Convention country.\n  (3) Nothing in this regulation prevents an interested person from obtaining, and sending to a central authority of a Convention country, or a competent authority of a Convention country or a non‑Convention country, copies of the documents and information mentioned in paragraphs (1)(a) and (b) with a request for recognition of the order.\n\n## Part 5—Foreign measures—receipt by Commonwealth\n\n### Division 1—Registration and implementation\n\n#### 11 Foreign measures received by Commonwealth central authority\n\n  On receiving a document that is a foreign measure, the Commonwealth central authority may:\n    (a) send the document to a State central authority to be dealt with in accordance with the Child Protection Convention (or a comparable law of the State); or\n    (b) send the document to a relevant Registrar of the Federal Circuit and Family Court of Australia, the Family Court of Western Australia or the Supreme Court of the Northern Territory to be dealt with in accordance with regulation 12.\n\n#### 12 Court recognition of a foreign measure\n\n  (1) Subject to regulation 13, on receipt (under regulation 11 or with an application by an interested person) of a document that is a foreign measure, the relevant Registrar of a court may register the foreign measure by:\n    (a) filing in the court a copy of the document; and\n    (b) noting the fact and date of registration on the copy.\n  (2) A foreign measure so registered (a recognised foreign measure):\n    (a) has the same effect as a Commonwealth measure in the same terms; and\n    (b) may, on application by the relevant Registrar of a court or a person interested in the measure (including the child who is the subject of the measure), be registered concurrently in any other court having jurisdiction under the Act.\n  (3) A certificate by a court that the foreign measure has been registered in that court under this regulation is sufficient evidence to enable a concurrent registration to be made.\n  (4) To enforce a recognised foreign measure, an interested person may take legal proceedings in any court that has jurisdiction.\n\n> Note 1: Section 111CT of the Act sets out the effect of registered foreign measures.\n\n> Note 2: For subregulation (4)—jurisdiction is conferred by section 39 of the Act.\n\n#### 13 Measure relating to special medical treatment\n\n  (1) This regulation applies to a foreign measure that relates to special medical treatment of a child.\n  (2) A relevant Registrar of a court who is aware that a foreign measure relates to special medical treatment must not register the measure unless the Federal Circuit and Family Court of Australia, or another authorised court or tribunal, having regard to the child’s best interests, has:\n    (a) authorised the medical treatment; or\n    (b) declared that registration is not contrary to public policy.\n  (3) In the absence of such an authorisation or declaration:\n    (a) registration of the measure in a court is of no effect; and\n    (b) if registration has occurred, a relevant Registrar of the court, on becoming aware that the measure relates to special medical treatment, must:\n    (i) cancel the registration; and\n    (ii) notify the Commonwealth central authority.\n  (4) On receipt of notification under subparagraph (3)(b)(ii), the Commonwealth central authority must notify the State central authority of the State in which the child is present.\n  (5) For this regulation:\n\n> authorised court or tribunal means a court or tribunal that, under the law in force in the State in which the child concerned is present, has jurisdiction to authorise the special medical treatment of the child.\n\n#### 14 Measure relating to protection from abuse\n\n  (1) This regulation applies to proceedings under regulation 15 or proceedings under Part VII of the Act that are affected by a recognised foreign measure.\n  (2) If the court becomes aware that the foreign measure relates to the taking, by a competent authority in a Convention country, of a measure that, in relation to the child concerned:\n    (a) is for the protection of the person of the child from abuse (within the meaning of subsection 60D(1) of the Act); and\n    (b) in its implementation, would involve action by a competent authority in Australia or in another country;\n  the court may require the relevant Registrar of the court to so inform, in writing, the State central authority of the State in which the child is present.\n  (3) If, within 7 days after receiving notice under subregulation (2), the State central authority gives the court written notice that a competent authority in the State will:\n    (a) take a measure of protection in relation to the child; or\n    (b) initiate proceedings in a court in relation to the child;\n  the court must suspend the proceedings before it and cancel the registration of the measure.\n  (4) Despite subregulation (3), if it appears to the court that it is in the child’s best interests to so do, the court may make interim orders in relation to the child.\n\n### Division 2—Variation or cancellation\n\n#### 15 Application for variation or cancellation by court\n\n  (1) On the application of an interested person, a court may make an order:\n    (a) varying the application of a recognised foreign measure; or\n    (b) cancelling the registration of a recognised foreign measure relating to a child.\n  (2) An order may be made only if:\n    (a) the competent authority in the Convention country in which the foreign measure was taken did not have jurisdiction in accordance with the Child Protection Convention to take the measure; or\n    (b) in taking the measure, the competent authority in the Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law; or\n    (c) the registration, or enforcement, of the measure in Australia is contrary to public policy, taking into account the best interests of the child concerned; or\n    (d) the court has jurisdiction under the Act to take a measure of protection for the child in accordance with Division 4 of Part XIIIAA of the Act.\n  (3) For paragraph (2)(b), a competent authority in a Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law if it:\n    (a) did not give the child, or a person with parental responsibility for the child, an opportunity to be heard before the foreign measure was taken; and\n    (b) did not take the measure as a matter of urgency.\n  (4) For paragraph (2)(c), it is a relevant consideration that a court, in proceedings under the Family Law (Child Abduction Convention) Regulations 1986, has previously refused to order the return of the child from Australia to his or her country of habitual residence.\n\n#### 16 Matters relevant in proceedings relating to a foreign measure\n\n  (1) This regulation applies to proceedings affecting, or involving, a foreign measure.\n  (2) The court is bound by findings of fact on which the competent authority, in the Convention country in which the foreign measure was taken, based its jurisdiction.\n  (3) Subject to regulation 15, the court must not review the merits of the foreign measure.\n  (4) Any document relating to the foreign measure that is provided by a competent authority in a Convention country is admissible as evidence of any facts stated in the document.\n  (5) An affidavit relating to the foreign measure that is made by a witness who resides outside Australia, if filed in the proceedings, is admissible as evidence even though the witness does not attend the proceedings for cross‑examination.\n\n#### 17 Notification of competent authority in Convention country\n\n  When a court varies or cancels a foreign measure under this Division, the relevant Registrar of the court must send to the competent authority in the Convention country in which the measure was taken:\n    (a) 3 certified copies of the order varying or cancelling the measure; and\n    (b) a copy of any judgment, decision or statement of reasons given by the court in relation to the order; and\n    (c) a copy of the depositions in the proceedings; and\n    (d) such further material, if any, as the court considers appropriate.\n\n#### 18 Request to foreign competent authority to vary or cancel a measure\n\n  On the application of an interested person, the Commonwealth central authority may assist the person by sending a request to the appropriate competent authority in the Convention country in which a foreign measure was taken to vary, or cancel, the measure.\n\n## Part 6—International cooperation\n\n#### 19 Certificate by relevant Registrar—parental responsibility\n\n  (1) On application by an individual, for Article 40 of the Convention, the relevant Registrar of a court may issue a certificate stating:\n    (a) that the individual has parental responsibility for a child; and\n    (b) whether the individual’s parental responsibility arises from section 61C of the Act or from a parenting order made by a court; and\n    (c) the effect that any parenting order has on the individual’s parental responsibility under section 61D of the Act.\n  (2) A certificate issued under subregulation (1) must include a copy of section 61B of the Act.\n\n> Note: Section 61B of the Act sets out the meaning of parental responsibility.\n\n  (3) The relevant Registrar may, if he or she considers it appropriate, include such other information or material that describes the capacity in which the individual is entitled to act, and the powers of the person, in relation to the child.\n\n#### 20 Effect of certificate\n\n  (1) For Article 40 of the Convention, a certificate has effect under this regulation when issued by a central authority or competent authority of a Convention country other than Australia, being the country:\n    (a) of the child’s habitual residence; or\n    (b) where a measure of protection was taken for the child.\n  (2) A certificate that has effect under this regulation is presumed, in proceedings under the Act, to establish any of the following matters stated in the certificate:\n    (a) that a person is entitled to act in a capacity in relation to a child;\n    (b) that a person has certain powers in relation to a child.\n  (3) Any matter presumed to be established by subregulation (2) is rebuttable by evidence on the balance of probabilities.\n\n## Part 7—Implementation of the Convention in State matters\n\n### Division 1—Application of the Convention and jurisdiction of State courts\n\n#### 21 Provisions of Convention to have effect in each State\n\n  (1) Subject to regulation 4, the provisions of the Convention have effect in each State as a law of that State.\n  (2) Subregulation (1) applies to a State despite any inconsistent provision of the common law in force in the State or a law mentioned in Schedule 2.\n\n#### 22 State court to have jurisdiction\n\n  A State court may exercise jurisdiction in a matter for a request or an invitation made under Article 8 or 9 of the Convention, or in a matter arising under regulation 26.\n\n#### 23 State court may make rules\n\n  (1) A State court may make rules for the practice and procedure to be followed in proceedings under this Part.\n  (2) Subject to any rules made under subregulation (1), the forms prescribed by regulation 30 are to be used in the proceedings.\n\n### Division 2—Foreign measures—receipt by State\n\n#### 24 Foreign measures received by State central authority\n\n  On receiving a document that is a foreign measure, a State central authority may:\n    (a) deal with the measure in accordance with the Child Protection Convention; or\n    (b) send the document to a relevant Registrar of a State court to be dealt with in accordance with regulation 25.\n\n#### 25 State court recognition of a foreign measure\n\n  (1) On receipt of a document that is a foreign measure, the relevant Registrar of a State court may register the foreign measure by:\n    (a) filing in the court a copy of the document; and\n    (b) noting the fact and date of registration on the copy.\n  (2) A foreign measure so registered (a recognised foreign measure):\n    (a) has the same effect as a State measure, in the same terms; and\n    (b) may, on application by the relevant Registrar of a court or a person interested in the measure (including the child who is the subject of the measure), be registered concurrently in any other State court in that State.\n  (3) A certificate by a court that the foreign measure has been registered in that court under this regulation is sufficient evidence to enable a concurrent registration to be made.\n  (4) To enforce a recognised foreign measure, an interested person may take legal proceedings in any State court in which the measure is registered.\n\n### Division 3—Variation or cancellation by State court\n\n#### 26 Application for variation or cancellation by State court\n\n  (1) On the application of an interested person, a State court may make an order:\n    (a) varying the application of a recognised foreign measure; or\n    (b) cancelling the registration of a recognised foreign measure relating to a child.\n  (2) An order may be made only if:\n    (a) the competent authority in the Convention country in which the foreign measure was taken did not have jurisdiction in accordance with the Child Protection Convention to take the measure; or\n    (b) in taking the measure, the competent authority in the Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law; or\n    (c) the registration, or enforcement, of the measure in Australia is contrary to public policy, taking into account the best interests of the child concerned; or\n    (d) the State court has jurisdiction under the Convention to take a measure of protection for the child.\n  (3) For paragraph (2)(b), a competent authority in a Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law if it:\n    (a) did not give the child, or a person with parental responsibility for the child, an opportunity to be heard before the foreign measure was taken; and\n    (b) did not take the measure as a matter of urgency.\n\n#### 27 Matters relevant in proceedings relating to a foreign measure\n\n  (1) This regulation applies to proceedings affecting, or involving, a foreign measure.\n  (2) The State court is bound by findings of fact on which the competent authority, in the Convention country in which the foreign measure was taken, based its jurisdiction.\n  (3) Subject to regulation 26, the State court must not review the merits of the foreign measure.\n  (4) Any document relating to the foreign measure that is provided by a competent authority in a Convention country is admissible as evidence of any facts stated in the document.\n  (5) An affidavit relating to the foreign measure that is made by a witness who resides outside Australia, if filed in the proceedings, is admissible as evidence even though the witness does not attend the proceedings for cross‑examination.\n\n#### 28 Notification of competent authority in Convention country\n\n  When a State court varies or cancels a foreign measure under this Division, the relevant Registrar of the court must send to the competent authority in the Convention country in which the measure was taken:\n    (a) 3 certified copies of the order varying or cancelling the measure; and\n    (b) a copy of any judgment, decision or statement of reasons given by the court in relation to the order; and\n    (c) a copy of the depositions in the proceedings; and\n    (d) such further material, if any, as the court considers appropriate.\n\n#### 29 Request to foreign competent authority to vary or cancel a measure\n\n  On the application of an interested person, the State central authority may assist the person by sending a request to the appropriate competent authority in the Convention country in which a foreign measure was taken to vary, or cancel, the measure.\n\n## Part 8—Miscellaneous\n\n#### 30 Filing or issuing of documents—forms\n\n  A document filed in or issued from a court in proceedings under section 111CN or 111CW of the Act, or regulation 15 or 26, must contain a heading in accordance with Form 1 and be in the following form:\n    (a) for an affidavit—Form 2;\n    (b) for an application for an order—Form 3;\n    (c) for a notice of an application for an order—Form 4;\n    (d) for a response to an application for an order—Form 5;\n    (e) for a reply in response to an application for an order—Form 6.","sortOrder":36},{"sectionNumber":"26","sectionType":"section","heading":"Application for variation or cancellation by State court","content":"#### 26 Application for variation or cancellation by State court\n\n  (1) On the application of an interested person, a State court may make an order:\n    (a) varying the application of a recognised foreign measure; or\n    (b) cancelling the registration of a recognised foreign measure relating to a child.\n  (2) An order may be made only if:\n    (a) the competent authority in the Convention country in which the foreign measure was taken did not have jurisdiction in accordance with the Child Protection Convention to take the measure; or\n    (b) in taking the measure, the competent authority in the Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law; or\n    (c) the registration, or enforcement, of the measure in Australia is contrary to public policy, taking into account the best interests of the child concerned; or\n    (d) the State court has jurisdiction under the Convention to take a measure of protection for the child.\n  (3) For paragraph (2)(b), a competent authority in a Convention country is taken to have acted contrary to fundamental principles of procedure under Australian law if it:\n    (a) did not give the child, or a person with parental responsibility for the child, an opportunity to be heard before the foreign measure was taken; and\n    (b) did not take the measure as a matter of urgency.","sortOrder":37},{"sectionNumber":"27","sectionType":"section","heading":"Matters relevant in proceedings relating to a foreign measure","content":"#### 27 Matters relevant in proceedings relating to a foreign measure\n\n  (1) This regulation applies to proceedings affecting, or involving, a foreign measure.\n  (2) The State court is bound by findings of fact on which the competent authority, in the Convention country in which the foreign measure was taken, based its jurisdiction.\n  (3) Subject to regulation 26, the State court must not review the merits of the foreign measure.\n  (4) Any document relating to the foreign measure that is provided by a competent authority in a Convention country is admissible as evidence of any facts stated in the document.\n  (5) An affidavit relating to the foreign measure that is made by a witness who resides outside Australia, if filed in the proceedings, is admissible as evidence even though the witness does not attend the proceedings for cross‑examination.","sortOrder":38},{"sectionNumber":"28","sectionType":"section","heading":"Notification of competent authority in Convention country","content":"#### 28 Notification of competent authority in Convention country\n\n  When a State court varies or cancels a foreign measure under this Division, the relevant Registrar of the court must send to the competent authority in the Convention country in which the measure was taken:\n    (a) 3 certified copies of the order varying or cancelling the measure; and\n    (b) a copy of any judgment, decision or statement of reasons given by the court in relation to the order; and\n    (c) a copy of the depositions in the proceedings; and\n    (d) such further material, if any, as the court considers appropriate.","sortOrder":39},{"sectionNumber":"29","sectionType":"section","heading":"Request to foreign competent authority to vary or cancel a measure","content":"#### 29 Request to foreign competent authority to vary or cancel a measure\n\n  On the application of an interested person, the State central authority may assist the person by sending a request to the appropriate competent authority in the Convention country in which a foreign measure was taken to vary, or cancel, the measure.","sortOrder":40},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"## Part 8—Miscellaneous","sortOrder":41},{"sectionNumber":"30","sectionType":"section","heading":"Filing or issuing of documents—forms","content":"#### 30 Filing or issuing of documents—forms\n\n  A document filed in or issued from a court in proceedings under section 111CN or 111CW of the Act, or regulation 15 or 26, must contain a heading in accordance with Form 1 and be in the following form:\n    (a) for an affidavit—Form 2;\n    (b) for an application for an order—Form 3;\n    (c) for a notice of an application for an order—Form 4;\n    (d) for a response to an application for an order—Form 5;\n    (e) for a reply in response to an application for an order—Form 6.","sortOrder":42},{"sectionNumber":"1. Laws of New South Wales","sectionType":"section","heading":"1. Laws of New South Wales","content":"#### 1. Laws of New South Wales\n\n Children and Young Persons (Care and Protection) Act 1998\n\n Children (Care and Protection) Act 1987\n\n Children’s Court Act 1987\n\n Guardianship Act 1987\n\n Infants’ Custody and Settlements Act 1899\n\n Minors (Property and Contracts) Act 1970\n\n Public Trustee Act 1913\n\n Protected Estates Act 1983\n\n Supreme Court Act 1970","sortOrder":43},{"sectionNumber":"2. Laws of Victoria","sectionType":"section","heading":"2. Laws of Victoria","content":"#### 2. Laws of Victoria\n\n Administration and Probate Act 1958\n\n Children and Young Persons (Reciprocal Arrangements) Act 2000\n\n Children and Young Persons Act 1989\n\n Guardianship and Administration Act 1986\n\n Marriage Act 1958\n\n Supreme Court Act 1986","sortOrder":44},{"sectionNumber":"3. Laws of Queensland","sectionType":"section","heading":"3. Laws of Queensland","content":"#### 3. Laws of Queensland\n\n Child Protection Act 1999\n\n Children’s Court Act 1992\n\n Guardianship and Administration Act 2000\n\n Public Trustee Act 1978\n\n Supreme Court Act 1995","sortOrder":45},{"sectionNumber":"4. Laws of Western Australia","sectionType":"section","heading":"4. Laws of Western Australia","content":"#### 4. Laws of Western Australia\n\n Child Welfare Act 1947\n\n Children’s Court of Western Australia Act 1988\n\n Family Court Act 1997\n\n Guardianship and Administration Act 1990\n\n Public Trustee Act 1941\n\n Supreme Court Act 1935","sortOrder":46},{"sectionNumber":"5. Laws of South Australia","sectionType":"section","heading":"5. Laws of South Australia","content":"#### 5. Laws of South Australia\n\n Children’s Protection Act 1993\n\n Guardianship and Administration Act 1993\n\n Guardianship of Infants Act 1940\n\n Public Trustee Act 1995","sortOrder":47},{"sectionNumber":"6. Laws of Tasmania","sectionType":"section","heading":"6. Laws of Tasmania","content":"#### 6. Laws of Tasmania\n\n Children, Young Persons and Their Families Act 1997\n\n Guardianship and Administration Act 1995\n\n Guardianship and Custody of Infants Act 1934\n\n Magistrates Court (Children’s Division) Act 1998\n\n Public Trustee Act 1930","sortOrder":48},{"sectionNumber":"7. Laws of the Australian Capital Territ","sectionType":"section","heading":"7. Laws of the Australian Capital Territory","content":"#### 7. Laws of the Australian Capital Territory\n\n Children and Young People Act 1999\n\n Guardianship and Management of Property Act 1991\n\n Public Trustee Act 1985\n\n Supreme Court Act 1933","sortOrder":49},{"sectionNumber":"8. Laws of the Northern Territory","sectionType":"section","heading":"8. Laws of the Northern Territory","content":"#### 8. Laws of the Northern Territory\n\n Care and Protection of Children Act 2007\n\n Public Trustee Act 1979\n\n Guardianship of Infants Act 1972\n\n Supreme Court Act 1979","sortOrder":50},{"sectionNumber":"Form 1—Heading of documents used in cour","sectionType":"part","heading":"Form 1—Heading of documents used in court proceedings","content":"## Form 1—Heading of documents used in court proceedings\n\nFamily Law (Child Protection Convention) Regulations 2003\n\nIN THE (insert name of court exercising jurisdiction)\n\nNo. (insert number of proceedings) of (insert year in which document is filed or issued)\n\nDATE OF FILING\\*/ISSUE\\*: (insert date of filing or issue)\n\nIN RELATION TO (insert forename(s) and surname(s) of child who is the subject of the proceedings, OR otherwise identify the proceedings in accordance with the rules of the court)\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n\\* omit if inapplicable","sortOrder":51},{"sectionNumber":"Form 2—Affidavit","sectionType":"part","heading":"Form 2—Affidavit","content":"## Form 2—Affidavit\n\n(insert heading for document in accordance with Form 1)\n\nI\\*/WE\\*, (insert forename(s) and surname(s) of deponent(s)), (insert occupation(s) of deponent(s)), of (insert address of deponents(s)), declare the following under oath:\n\n(a) I\\*/WE\\* am\\*/are\\* the deponent(s) for this document and have read the document and any attachment to the document;\n\n(b) the facts stated in the document, and any attachment to the document, that are within my\\*/our\\* knowledge are correct;\n\n(c) all other facts stated in the document, and in any attachment to the document, are correct to the best of my\\*/our\\* knowledge or belief.\n\nSWORN by the deponent(s)\n\nat (insert place where declaration made)\n\non (insert date of declaration)\n\n(signature)\n\nSignature of deponent(s)\n\n(name)\n\nName of deponent(s)\n\n(title/position)\n\nTitle or position of deponent(s)\n\nBEFORE ME:\n\n(signature)\n\n    Signature of person before whom affidavit is sworn\n\n(name)\n\n    Name of person before whom affidavit is sworn\n\n(title/position)\n\n    Title or position of person before whom affidavit is sworn\n    \\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n\\* omit if inapplicable","sortOrder":52},{"sectionNumber":"Form 3—Application for order","sectionType":"part","heading":"Form 3—Application for order","content":"## Form 3—Application for order\n\n(insert heading for document in accordance with Form 1)\n\nApplication for order under section 111CN\\*/section 111CW\\*/ regulation 15\\*/the Convention\\* in a State court\n\n1 Identity of child, parents, applicant(s)\n\n1.1 Child\n\n(insert the following details, if known, relating to the child)\n\nSurname:\n\nForename/(s):\n\nSex:\n\nAge:\n\nDate and place of birth:\n\nFather’s surname:\n\nForename/(s):\n\nMother’s maiden surname:\n\nForename/(s):\n\n1.2 Applicant(s)\n\n(insert the following details relating to the parents and applicant/(s) (if not a parent))\n\nMother\n\nSurname:\n\nForename/(s):\n\nOccupation:\n\nAddress:\n\nFather\n\nSurname:\n\nForename/(s):\n\nOccupation:\n\nAddress:\n\nGuardian (or other applicant)\n\nSurname:\n\nForename/(s):\n\nOccupation:\n\nAddress:\n\n2 Order sought\n\n  Under regulation 15 of the Family Law (Child Protection Convention) Regulations 2003, application is made for the following order:\n\n(insert description of order sought)\n\n3 Attachments to application\n\n  The following documents are attached:\n\n(insert description of documents attached)\n\n4 Any other matters in relation to application\n\n  Under regulation 15 of the Family Law (Child Protection Convention) Regulations 2003, application is made for the following further order:\n\n(insert details or attach statement containing details)\n\nDATED (insert date)\n\n(signature)\n\nSignature(s) of applicant(s)\n\n(insert title/position of State central authority)\n\nIf the applicant is a State central authority—the title or position of the authority.\n\nAffidavit\n\n(insert affidavit—Form 2)\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n\\* omit if inapplicable","sortOrder":53},{"sectionNumber":"Form 4—Notice of application","sectionType":"part","heading":"Form 4—Notice of application","content":"## Form 4—Notice of application\n\n(insert heading for document in accordance with Form 1)\n\nNotice of application for order under section 111CN\\*/ section 111CW\\*/regulation 15\\*/the Convention\\* in a State court\n\nTO: (insert full name and title of person to whom notice is to be given)\n\nOF: (insert address of person to whom notice is to be given)\n\nTHE ATTACHED APPLICATION is set down for hearing by the (insert name of court) at (insert place where application is to be heard) on (insert date of hearing) at (insert time of hearing).\n\nIF YOU WISH the court to make an order, or orders, other than the order sought in the attached application, you may, no later than 5 working days before the hearing, file with the court a brief statement of the matters on which you rely in support of the court making the order\\*/orders\\* that you seek; and\n\nIF YOU DO NOT RESPOND TO THE APPLICATION, OR DO NOT APPEAR AT THE HEARING, the court may make the order\\*/orders\\* sought in the attached application, or a similar order\\*/similar orders\\*, without considering what you have to say in response to the application, or in your absence.\n\nDATED (insert date)\n\n(signature—central authority)\n\n(name—central authority)\n\nAttachment\n\nThe application under regulation 15 (including any attachment) is attached.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n\\* omit if inapplicable","sortOrder":54},{"sectionNumber":"Form 5—Response to application","sectionType":"part","heading":"Form 5—Response to application","content":"## Form 5—Response to application\n\n(insert heading for document in accordance with Form 1)\n\nResponse to application for order under section 111CN\\*/ section 111CW\\*/regulation 15\\*/the Convention\\* in a State court\n\nIN RESPONSE TO the application made by (insert forename(s) and surname(s)) filed in the (insert name of court) on (insert date of filing of application), a copy\\*/notice\\* of which was given to me\\*/us\\* on (insert date on which copy, or notice, of the application was given to the respondent(s)), I\\*/WE\\*, (insert forename(s) and surname(s) of respondent(s)) state as follows:\n\n(insert brief statement of matters in support of the court making an order other than the order sought in the application)\n\nDATED (insert date)\n\n(signature(s)—respondent(s))\n\n(name—respondent(s))\n\n(title/position)\n\nTitle/position of respondent(s)\n\nAffidavit\n\n(insert affidavit—Form 2)\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n\\* omit if inapplicable","sortOrder":55},{"sectionNumber":"Form 6—Reply in response to application","sectionType":"part","heading":"Form 6—Reply in response to application","content":"## Form 6—Reply in response to application\n\n(insert heading for document in accordance with Form 1)\n\nReply in response to application for order under section 111CN\\*/ section 111CW\\*/regulation 15\\*/the Convention\\* in a State court\n\nIN REPLY TO the response to my\\*/our\\* application made by (insert forename(s) and surname(s) of respondent(s)) filed in the (insert name of court) on (insert date of filing of response), I\\*/WE\\* state as follows:\n\n(insert brief reply to matters stated in response to application)\n\nDATED (insert date)\n\n(signature(s)—applicant(s))\n\n(name—applicant(s))\n\n(title/position)\n\nTitle/position of applicant(s)\n\nAffidavit\n\n(insert affidavit—Form 2)\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n\\* omit if inapplicable","sortOrder":56}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"These Regulations implement the Child Protection Convention into Australian procedural practice and set out administrative, notification and registration mechanisms. They do not expand the substantive scope of Australia’s powers beyond the Convention and the Family Law Act; rather, they provide procedural machinery (designation of central authorities, registrar registration, notification and forms) to give effect to the Convention. The provisions are consistent with the implementation purpose and do not materially grow the subject‑matter beyond the Convention’s requirements and the powers already in the Family Law Act."},"complexity_factors":["Single interpretation/definitions section (reg 3) with cross-reference to Division 4 of Part XIIIAA of the Family Law Act — multiple defined terms tied to external Act provisions","Numerous cross‑references to the Family Law Act (eg. sections 39, 61B–61D, 111CA, 111CT, 111CN, 111CW) increasing interpretive dependency","Multiple decision‑makers and actors: Commonwealth central authority, State central authorities, Attorney‑General, relevant Registrars, State courts and Federal courts (regs 5–9, 11–12)","Conditional and exception rules: eg. special medical treatment (reg 13) and protection‑from‑abuse notification/suspension (reg 14) create nested conditional logic","Separate but parallel regimes for Commonwealth and State implementation (Parts 4–7) with largely duplicated provisions for registration, variation and notification","Evidence/admissibility rules that relax normal adversarial requirements (regs 16(4)–(5), 27(4)–(5)) — adds procedural nuance","Time‑bound operational rule (7‑day response window in reg 14(3)) that creates an intergovernmental timing constraint","Forms and prescribed procedures (reg 30 and Forms 1–6) add prescriptive administrative details","Schedule listing many State laws (Schedule 2) that interact with reg 4’s comparable‑law carve‑out","Limited judicial review grounds (regs 15, 26) — legal effect depends on precise interpretation of jurisdictional and public policy exceptions"],"plain_english_summary":"**What these Regulations do (mechanically)**\n\n- They implement the Hague Convention on the International Protection of Children (the Child Protection Convention) into Australian practice by setting out how Australian central authorities, courts and registrars handle child-protection measures (orders) from other Convention countries and how Australia transmits its own measures overseas. (See regs 5, 6, 10–12.)\n\n- They name who the Commonwealth and State “central authorities” are and how they are designated and notified (regs 6–9). The Attorney‑General can step in to designate a State central authority if a State does not do so (reg 8).\n\n- They permit the Commonwealth central authority to forward foreign protection measures to State central authorities or to specified court registrars for registration (reg 11). Registrars may register (file and note) a foreign protection measure so that it becomes a “recognised foreign measure” in Australia (reg 12).\n\n- A recognised foreign measure has the same legal effect in Australia as an equivalent Commonwealth or State protection measure (reg 12(2)). Once registered it can be enforced by bringing proceedings in a court where it is registered (reg 12(4)).\n\n- Special rules limit registration for sensitive cases:\n  - If a foreign measure concerns “special medical treatment” for a child, a registrar must not register it unless an Australian authorised court has authorised the treatment or declared registration not contrary to public policy; otherwise the registration is of no effect and must be cancelled (reg 13).\n  - If a foreign measure relates to protection from abuse and its implementation would require action by an Australian authority, the court can notify the State central authority; if the State authority says a local competent authority will act within 7 days, the court must suspend and cancel registration (reg 14).\n\n- The Regulations set out limited grounds on which a court (or State court) may vary or cancel a recognised foreign measure: lack of jurisdiction by the foreign competent authority under the Convention, breaches of fundamental procedural principles (failure to hear the child or parent and lack of urgency), inconsistency with Australian public policy (taking into account the child’s best interests), or where an Australian court has jurisdiction to make a protection measure (regs 15, 26).\n\n- Courts are bound by factual findings on which the foreign competent authority relied to establish jurisdiction, and must not (except on the limited grounds above) re‑open the merits of the foreign measure; documents and out‑of‑Australia affidavits provided by foreign competent authorities are admissible (regs 16, 27).\n\n- The Regulations provide for a straightforward certificate of parental responsibility for use under Article 40 of the Convention (regs 19–20) and prescribe standard court forms and headings for proceedings under the Rules (reg 30 and Forms 1–6).\n\n- They make the Convention operate in each State (subject to reg 4, which preserves any State law that already produces a comparable effect) and allow State courts to exercise the jurisdiction necessary to give effect to Convention requests and invitations (regs 4, 21–23).\n\n**Who is affected**\n\n- Commonwealth central authority (administrative duties and coordination).\n- State central authorities (designation, receipt, and possible action on foreign measures).\n- Court registrars (power to register foreign measures, file notes, cancel registrations when required).\n- Courts (decide authorisation for special medical treatment, hear variation/cancellation applications, make interim orders, enforce registered measures).\n- Interested persons (parents, guardians, children, State authorities) who may apply to register, enforce, vary or cancel foreign protection measures.\n- Foreign central/competent authorities and the Hague Permanent Bureau (notification and information exchange).\n\n**Why it matters (official purpose, then testing that purpose against practical trade-offs)**\n\n- Stated purpose: to enable Australia to perform its obligations under the Child Protection Convention and to obtain any advantages the Convention offers—principally smoother cooperation over child protection measures across borders (reg 5(1)).\n\n- Practical effects and trade‑offs:\n  - Predictability and cross‑border enforceability: the Registrar-registration mechanism (reg 12) makes foreign protection measures straightforward to give domestic effect, which benefits individuals and authorities seeking rapid recognition.\n  - Limits on judicial re‑examination: courts are bound by foreign findings of fact regarding jurisdiction and generally cannot re‑open merits (regs 16(2)–(3), 27(2)–(3)). That reduces relitigation but also limits local review of foreign substantive decisions.\n  - Safeguards for sensitive matters: special medical treatment and protection-from-abuse measures are subject to local authorisation or temporary suspension so local best‑interests and public policy considerations can be applied (regs 13–14). Those safeguards add procedural steps and possible delay where urgent cross‑border action is sought.\n  - Administrative and compliance costs: central authorities, registrars and courts must create and process notices, register documents, publish designations in the Gazette, and exchange certified copies and certified orders (regs 6–9, 11, 17, 21). Interested persons will also incur legal costs to apply for registration or variation.\n  - Incentives and behaviour changes: interested persons are incentivised to use the Commonwealth or State registration route for enforceability overseas and locally; State authorities have an incentive to act quickly if notified about protection‑from‑abuse measures (reg 14), because a timely local response will displace the foreign measure's registration.\n  - Evidence and proof burdens: the Regulations make foreign competent-authority documents admissible and permit affidavits from overseas witnesses without attendance for cross‑examination (regs 16(4)–(5)), lowering the evidentiary barrier for recognition but shifting some weight onto documentary proof from foreign authorities.\n\n**Who pays / who decides / what behaviour changes**\n\n- Who pays: administrative costs are borne by Commonwealth and State central authorities, courts and registrars (public expense). Private parties (interested persons) bear legal and filing costs to apply for registration, enforcement or variation.\n- Who decides: the Commonwealth central authority decides transmission and coordination (reg 5); the Attorney‑General may designate State central authorities (reg 8); registrars decide whether to register foreign measures (reg 12); courts decide authorisation, variation, cancellation and interim orders (regs 13–15, 26).\n- Behavioural change: registrars will file foreign measures rather than require full fresh proceedings; State authorities may take on protective action to displace foreign measures; parties will use prescribed forms and central authority routes for international cooperation (reg 30, Forms 1–6).\n\n**Implementation risks and opportunity costs**\n\n- Coordination risk between Commonwealth and States (consultation obligations in reg 5(3); multiple notification steps in regs 6–9) may cause delay or gaps.\n- Time‑sensitive clashes: the seven‑day window in reg 14 may be short in complex cases requiring investigation; suspension/cancellation mechanics create binary outcomes when cooperation is unclear.\n- Limited grounds to challenge foreign measures narrow domestic judicial oversight (regs 15(2), 26(2)) and may cause friction where Australian procedural norms differ from the issuing country’s.\n\n**Concentrated benefits and diffuse costs**\n\n- Concentrated benefits accrue to individuals or authorities who need rapid international recognition or enforcement of child protection orders and to foreign competent authorities receiving Australian orders for recognition (regs 10–12).\n- Diffuse costs fall on public administration (central authorities, registrars, courts) and on private litigants who pay legal costs to navigate the registration and variation mechanisms.\n\n(Primary source references: regs 5, 6–9, 10–15, 16, 19–21, 24–30.)"},"kimi_summary":{"_metrics":{"completionTokens":611},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: implementing the 1996 Hague Child Protection Convention in Australian law. The structure mirrors the Convention's framework with appropriate federal-State coordination mechanisms. No significant scope creep detected."},"complexity_factors":["Multiple overlapping jurisdictional layers (Commonwealth, State, foreign Convention countries)","Extensive cross-referencing to the Family Law Act 1975 and the Hague Convention itself","Duplicated regulatory pathways for Commonwealth courts (Part 5) and State courts (Part 7) with subtle differences","Conditional registration requirements with exceptions (regulations 13-14) and nested exceptions to exceptions","Multiple defined terms imported from three sources: these regulations, the Act, and the Convention itself","Administrative notification chains requiring coordination between Commonwealth central authority, State central authorities, Bureau, and Gazette","Presumption and rebuttal mechanisms for evidentiary matters (regulation 20)","Temporal conditions (7-day response window in regulation 14) triggering mandatory court actions"],"plain_english_summary":"These regulations implement Australia's obligations under the **1996 Hague Child Protection Convention**, an international treaty that helps countries work together to protect children across borders.\n\n**What this does:**\n\n- **Recognises foreign child protection orders** — If another country makes a court order protecting a child (for example, removing them from an unsafe home or appointing a guardian), Australian courts can \"register\" that order so it has the same legal effect here as if an Australian court had made it.\n\n- **Sends Australian protection orders overseas** — Australian courts can ask other countries to recognise and enforce our child protection orders.\n\n- **Creates a coordination system** — Establishes \"central authorities\" (government bodies) at Commonwealth and State level to handle requests between countries, share information about children's whereabouts, and manage the paperwork.\n\n**Who it affects:**\n\n- **Children** who move between Australia and other Convention countries and need protection decisions recognised across borders.\n- **Parents, guardians, and child protection agencies** seeking to enforce or challenge overseas protection measures.\n- **Courts and government officials** handling international child protection cases.\n\n**Key safeguards:**\n\n- Foreign measures involving **special medical treatment** (treatment parents cannot consent to) need Australian court approval before registration.\n- Measures relating to **protection from abuse** trigger notification to State child protection authorities, who can step in and take over.\n- Australian courts can **refuse or cancel** registration if the foreign court lacked proper jurisdiction, breached basic fairness rules, or if enforcement would violate Australian public policy.\n\n**Why it matters:**\n\nWithout this system, a child protection order made in France, Germany, or Japan might not be recognised in Australia — leaving children vulnerable when they cross borders. These regulations ensure protection \"travels with the child.\""},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/family-law-child-protection-convention-regulations-2003","history":"/api/acts/family-law-child-protection-convention-regulations-2003/history","analysis":"/api/acts/family-law-child-protection-convention-regulations-2003/analysis","conflicts":"/api/acts/family-law-child-protection-convention-regulations-2003/conflicts","importantCases":"/api/acts/family-law-child-protection-convention-regulations-2003/important-cases","documents":"/api/acts/family-law-child-protection-convention-regulations-2003/documents"}}