231JChildren’s Court to have regard to certain matters

#### 231J Children’s Court to have regard to certain matters 231J Children’s Court to have regard to certain matters > > (1) The Children’s Court must not make an order under this Division unless it has received and considered— > > > > > (a) an updated care plan, if a care plan under section 78 was prepared in relation to the original care order, or > > > > > (b) in any other case, a report by the Secretary that contains the matters required by the regulations to be included in the report. > > > (2) In determining what order to make on an application under this Division, the Children’s Court must have regard to— > > > > > (a) the principles in section 9, and > > > > > (b) whether the Secretary or an interstate officer is in the better position to exercise powers and responsibilities under a child protection order relating to the child or young person, and > > > > > (c) the fact that it is preferable that a child or young person is subject to a child protection order made under the child welfare law of the State where the child or young person resides, and > > > > > (d) any information given to the Children’s Court by the Secretary or otherwise concerning any sentencing order under any Act, other than a fine, in force in respect of the child or young person or any criminal proceedings pending against the child or young person in any court. > > > (3) The Secretary must provide to the Children’s Court an updated care plan or report referred to in subsection (1), in accordance with the rules of the Children’s Court. > > > (4) Other requirements concerning the hearing and the making of an application, and the form of a care plan, under this Division may be prescribed by the regulations. > > **s 231J:** Ins 2006 No 95, Sch 2 \[2\]. Am 2009 No 13, Sch 1.2 \[31\].