160When CEO may apply to Court for transfer

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.