QLDIn ForceAct
Child Protection Act 1999
sec.215Provisions of proposed interstate order
Start here
Get a plain-English read of sec.215
Turn the raw legal text into a practical explanation grounded in Child Protection Act 1999.
### sec.215 Provisions of proposed interstate order
If the Childrens Court decides to order the transfer of the child protection order to the participating State, it must decide the provisions of the proposed interstate order.
The court must be satisfied—
the proposed interstate order is an order that could be made under a child welfare law of that State; and
the protection sought to be achieved by the proposed interstate order is unlikely to be achieved by an order on less intrusive terms; and
the proposed interstate order—
is of the same or a similar effect as the home order; or
is otherwise in the child’s best interests.
In deciding the provisions of the proposed interstate order, the court must—
decide the time for which it would be appropriate for the proposed interstate order to have effect in the participating State; and
state the time in the proposed interstate order.
The stated time must not be more than the maximum time for which an order of that type, made under a child welfare law of that State, could be given effect in that State.
In deciding whether the proposed interstate order is of the same or a similar effect as the home order, the court must not take into account the time for which the proposed interstate order is to have effect in the participating State.
s 215 ins 2000 No. 7 s 43
(sec.215-ssec.1) If the Childrens Court decides to order the transfer of the child protection order to the participating State, it must decide the provisions of the proposed interstate order.
(sec.215-ssec.2) The court must be satisfied— the proposed interstate order is an order that could be made under a child welfare law of that State; and the protection sought to be achieved by the proposed interstate order is unlikely to be achieved by an order on less intrusive terms; and the proposed interstate order— is of the same or a similar effect as the home order; or is otherwise in the child’s best interests.
(sec.215-ssec.3) In deciding the provisions of the proposed interstate order, the court must— decide the time for which it would be appropriate for the proposed interstate order to have effect in the participating State; and state the time in the proposed interstate order.
(sec.215-ssec.4) The stated time must not be more than the maximum time for which an order of that type, made under a child welfare law of that State, could be given effect in that State.
(sec.215-ssec.5) In deciding whether the proposed interstate order is of the same or a similar effect as the home order, the court must not take into account the time for which the proposed interstate order is to have effect in the participating State.
- (a) the proposed interstate order is an order that could be made under a child welfare law of that State; and
- (b) the protection sought to be achieved by the proposed interstate order is unlikely to be achieved by an order on less intrusive terms; and
- (c) the proposed interstate order— (i) is of the same or a similar effect as the home order; or (ii) is otherwise in the child’s best interests.
- (i) is of the same or a similar effect as the home order; or
- (ii) is otherwise in the child’s best interests.
- (i) is of the same or a similar effect as the home order; or
- (ii) is otherwise in the child’s best interests.
- (a) decide the time for which it would be appropriate for the proposed interstate order to have effect in the participating State; and
- (b) state the time in the proposed interstate order.