NTIn ForceAct
Care and Protection of Children Act 2007
160When CEO may apply to Court for transfer
Start here
Get a plain-English read of 160
Turn the raw legal text into a practical explanation grounded in Care and Protection of Children Act 2007.
160 When CEO may apply to Court for transfer
The CEO may apply to the Court for an order transferring a home
order to a participating State if:
(a) the child to whom the order relates is residing, or is about to
reside, in the State; and
(b) the order is not subject to an appeal and the time for instituting
an appeal has expired; and
(c) the CEO considers the wellbeing of the child will not be
adversely affected by the transfer, having regard to the wishes
of:
(i) the child; and
(ii) each parent of the child; and
Care and Protection of Children Act 2007 101
(iii) any other person who has access to the child under the
order; and
(iv) any other person considered by the CEO to have a
(d) the CEO considers a child protection order having the same or
a similar effect as the home order can be made under the
child welfare law of the State; and
(e) the CEO considers it appropriate for the interstate officer of
the State to exercise powers and responsibilities under a child
protection order for the child; and
(f) the interstate officer has consented in writing to the transfer
and any of the following matters proposed by the CEO for the
transfer:
(i) the period for which the transferred order is to be in
force;
(ii) provisions to be included in the transferred order; and
(g) one or more of the following apply:
(i) a person whose consent to the transfer is required under
section 157 has refused or failed to do so;
(ii) the CEO considers the transferred order should include
provisions different from those that are included in the
home order;
(iii) the CEO considers that, if the CEO were to make a
decision to transfer the order, a person is likely to apply
for a review of the decision under section 159;
(iv) the CEO otherwise considers it appropriate for the Court
to decide whether or not to transfer the order.