7Circumstances in which New South Wales court may exercise jurisdiction

7 Circumstances in which New South Wales court may exercise jurisdiction

7 Circumstances in which New South Wales court may exercise jurisdiction

(1) If, under this Act, a New South Wales court may exercise jurisdiction for a matter, the court may exercise the jurisdiction for the matter—

(a) on application by the Secretary or the NSW Trustee, or

(b) on its own initiative.

(2) For the purposes of this Act, the Secretary and NSW Trustee may make applications to a New South Wales court.

(3) Subsections (1) and (2) are not limited by, and do not limit, a provision made by or under this Act or another Act that states other persons may make an application under this Act or otherwise make a request to a New South Wales court.

Note—

Example for subsection (3)—As mentioned in section 16 (2) (b) (iii), a New South Wales authority may exercise jurisdiction in relation to a child habitually resident in a Convention country only if the New South Wales authority is requested to assume the jurisdiction by, or at the invitation of, a competent authority of the country of the child’s habitual residence or country of refuge.

s 7: Am 2009 No 49, Sch 2.7 [3].