another country means a Convention country or a non-Convention country.
Australia includes the external Territories.
Note—
The Interpretation Act 1987 defines an external Territory as a Territory, not being an internal Territory, for the government of which as a Territory provision is made by a Commonwealth Act. An internal Territory is the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory.
(a) if there is one central authority of the Convention country under Article 29 of the Child Protection Convention—the Convention country’s central authority, or
(b) otherwise—the central authority designated, under Article 29 of the Child Protection Convention, as the Convention country’s central authority to which any communication may be addressed for transmission to the appropriate central authority of the Convention country.
child means a person who is under the age of 18 years.
Child Protection Convention means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children signed at The Hague on 19 October 1996, a copy of the English text of which is set out in Schedule 1.
Children’s Court means the Children’s Court of New South Wales constituted by the Children’s Court Act 1987.
Commonwealth central authority has the same meaning as in section 111CA (1) of the Family Law Act 1975 of the Commonwealth.
Note—
Under section 111CA (1) of the Family Law Act 1975 of the Commonwealth, Commonwealth central authority means the Secretary of the Commonwealth Attorney-General’s Department.
competent authority—
(a) in relation to Australia—means an entity that has responsibility or authority under the law in force in Australia, or part of Australia, to take measures or make decisions about—
(i) protecting the person of a child, or
(ii) appointing or deciding the powers of a guardian of a child’s property, and
(b) in relation to a Convention country—means an entity that has responsibility or authority under the law in force in the Convention country to take, or make decisions about, a foreign measure relating to a child, and
(c) in relation to a non-Convention country—means an entity that has responsibility or authority under the law in force in the country to take measures or make decisions about—
(i) protecting the person of a child, or
(ii) appointing or deciding the powers of a guardian of a child’s property.
Convention country means a country, other than Australia, for which the Child Protection Convention has entered into force.
country of refuge of a child means a country in which the child is present as a refugee child.
Department means the Department of Communities and Justice.
(a) a foreign personal protection measure relating to a child, or
(b) a foreign property protection measure relating to a child.
foreign personal protection measure relating to a child means a measure (as referred to in the Child Protection Convention) taken by a competent authority of a Convention country for protecting the person of the child.
foreign property protection measure relating to a child means a measure (as referred to in the Child Protection Convention) taken by a competent authority of a Convention country for appointing, or deciding the powers of, a guardian of the child’s property.
interested person, in relation to a child the subject of a measure or proceedings, means—
(a) the child, or
(b) a parent of the child, or
(c) a grandparent of the child, or
(d) any other person concerned with the care, welfare or development of the child.
New South Wales authority means—
(a) for a New South Wales personal protection measure relating to a child—a New South Wales court or the Secretary, or
(b) for a New South Wales property protection measure relating to a child—a New South Wales court or the NSW Trustee.
New South Wales court means—
(a) the Supreme Court, or
(b) the District Court, or
(c) the Children’s Court, or
(d) the Local Court, or
(e) (Repealed)
(f) the Civil and Administrative Tribunal.
New South Wales law means the law in force in New South Wales.
New South Wales measure means—
(a) a New South Wales personal protection measure relating to a child, or
(b) a New South Wales property protection measure relating to a child.
New South Wales personal protection measure relating to a child means a measure (as referred to in the Child Protection Convention) under New South Wales law that is directed to the protection of the person of the child.
Note—
Examples of New South Wales personal protection measures—
2 An order of the Supreme Court providing for the taking of a child into the Secretary’s custody.
3 An order protecting the person of a child made by the Supreme Court exercising its inherent jurisdiction for children, including authorising the performance of a medical procedure on, or treatment of, a child for which a parent does not have authority, under New South Wales law, to consent.
4 A guardianship order or financial management order made by the Civil and Administrative Tribunal or a consent to medical treatment given by that Tribunal.
Article 3, sub-paragraphs a–f of the Child Protection Convention give examples of the matters that the measures may deal with.
New South Wales property protection measure relating to a child means a measure (as referred to in the Child Protection Convention) under New South Wales law for appointing, or deciding the powers of, a guardian of the child’s property.
Note—
Article 3, sub-paragraph g of the Child Protection Convention gives examples of the matters that the measures may deal with.
non-Convention country means a country for which the Child Protection Convention has not entered into force.