11Limitations concerning prior proceedings in a Convention country

11 Limitations concerning prior proceedings in a Convention country

11 Limitations concerning prior proceedings in a Convention country

(1) This section applies to the exercise of jurisdiction by a New South Wales authority under section 9 (2) (b) (iii)–(v) or (c).

(2) If the New South Wales authority is a New South Wales court, before the court exercises the jurisdiction it must order the Secretary—

(a) to use the Secretary’s best efforts to consult with the competent authorities in the Convention country to find out whether measures relating to the protection of the person of the child have been sought from the competent authorities, and

(b) to report to the court about the outcome of those efforts.

(3) If the New South Wales authority is the Secretary, before the Secretary exercises the jurisdiction the Secretary must use his or her best endeavours to consult with the competent authorities in the Convention country—

(a) to find out whether measures relating to the protection of the person of the child have been sought from the competent authorities, and

(b) to decide the most appropriate course of action.