9Matters relating to jurisdiction for the person of a child

9 Matters relating to jurisdiction for the person of a child

9 Matters relating to jurisdiction for the person of a child

(1) This section applies if a New South Wales authority has jurisdiction under New South Wales law, apart from this Act, for a New South Wales personal protection measure relating to a child.

(2) The New South Wales authority may exercise jurisdiction for a New South Wales personal protection measure relating to a child only in relation to—

(a) a child who is present and habitually resident in Australia, or

(b) a child who is present in Australia and habitually resident in a Convention country, if—

(i) the child’s protection requires taking the measure as a matter of urgency, or

(ii) the measure is provisional and limited in its territorial effect to Australia, or

(iii) the child is a refugee child, or

(iv) a request to assume jurisdiction is made to the New South Wales authority by a competent authority of the country of the child’s habitual residence, or

(v) a competent authority of the country of the child’s habitual residence agrees to the New South Wales authority assuming jurisdiction, or

(c) a child who is present in a Convention country, if—

(i) the child is habitually resident in Australia, or

(ii) the child has been wrongfully removed from or retained outside Australia and New South Wales authorities keep jurisdiction under Article 7 of the Child Protection Convention, or

(iii) a request to assume jurisdiction is made to the New South Wales authority by a competent authority of the country of the child’s habitual residence or country of refuge, or

(iv) a competent authority of the country of the child’s habitual residence or country of refuge agrees to the New South Wales authority assuming jurisdiction, or

(d) a child who is present in Australia and is a refugee child, or

(e) a child who is present in a non-Convention country, if—

(i) the child is habitually resident in Australia, or