QLDIn ForceAct
Child Protection Act 1999
sec.235Filing and registration of interstate transfer decision
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### sec.235 Filing and registration of interstate transfer decision
This section applies if—
the chief executive gives written consent to the transfer; and
the chief executive is satisfied—
the period for appealing, or applying for review of, the interstate transfer decision relating to the transfer has expired; and
the decision is not the subject of an appeal or application for review; and
the decision is not stayed.
As soon as practicable after receiving a copy of the decision, the chief executive must file the copy in the Childrens Court.
Also, if an interstate government officer of the participating State is a party to the proceeding, the chief executive must file in the Childrens Court a notice stating that the litigation director is a party to the proceeding in place of the interstate government officer.
If there is an associated interim order in force, the chief executive must also file a copy of the associated interim order in the Childrens Court as soon as practicable after receiving the copy.
On the filing of a copy of an interstate transfer decision or associated interim order under this section, the registrar of the court must register the decision or order.
Immediately after registering the decision or order, the registrar must notify the interstate officer for the participating State and the registrar of the Childrens Court in that State.
In this section—
interstate government officer , of a participating State, means the interstate officer for that State or another officer of a department of government of that State.
s 235 ins 2000 No. 7 s 43
amd 2016 No. 23 s 64
(sec.235-ssec.1) This section applies if— the chief executive gives written consent to the transfer; and the chief executive is satisfied— the period for appealing, or applying for review of, the interstate transfer decision relating to the transfer has expired; and the decision is not the subject of an appeal or application for review; and the decision is not stayed.
(sec.235-ssec.2) As soon as practicable after receiving a copy of the decision, the chief executive must file the copy in the Childrens Court.
(sec.235-ssec.3) Also, if an interstate government officer of the participating State is a party to the proceeding, the chief executive must file in the Childrens Court a notice stating that the litigation director is a party to the proceeding in place of the interstate government officer.
(sec.235-ssec.4) If there is an associated interim order in force, the chief executive must also file a copy of the associated interim order in the Childrens Court as soon as practicable after receiving the copy.
(sec.235-ssec.5) On the filing of a copy of an interstate transfer decision or associated interim order under this section, the registrar of the court must register the decision or order.
(sec.235-ssec.6) Immediately after registering the decision or order, the registrar must notify the interstate officer for the participating State and the registrar of the Childrens Court in that State.
(sec.235-ssec.7) In this section— interstate government officer , of a participating State, means the interstate officer for that State or another officer of a department of government of that State.
- (a) the chief executive gives written consent to the transfer; and
- (b) the chief executive is satisfied— (i) the period for appealing, or applying for review of, the interstate transfer decision relating to the transfer has expired; and (ii) the decision is not the subject of an appeal or application for review; and (iii) the decision is not stayed.
- (i) the period for appealing, or applying for review of, the interstate transfer decision relating to the transfer has expired; and
- (ii) the decision is not the subject of an appeal or application for review; and
- (iii) the decision is not stayed.
- (i) the period for appealing, or applying for review of, the interstate transfer decision relating to the transfer has expired; and
- (ii) the decision is not the subject of an appeal or application for review; and
- (iii) the decision is not stayed.