Section 77P - Children, Young Persons and Their Families Act 1997 - Court to have regard to certain matters

77PCourt to have regard to certain matters

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### 77P Court to have regard to certain matters > [*\[Section 77P Inserted by No. 78 of 1999, s. 5, Applied:01 Jul 2000\]*](/view/html/inforce/2000-07-01/act-1999-078#GS5@EN) > > > (1) In determining whether to make an order transferring a proceeding under this Division, the Court must have regard to – > > > > > > (a) whether any other proceedings relating to the child are pending, or have previously been heard and determined, under the child welfare law in the participating State; and > > > > > > > (b) the place where any of the matters giving rise to the proceeding in the Court arose; and > > > > > > > (c) the place of residence, or likely place of residence, of the child, his or her parents and any other people who are significant to the child; and > > > > > > > (d) 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; and > > > > > > > (e) the desirability of a child protection order being an order under the child welfare law of the State where the child resides; and > > > > > > > (f) any information given to the Court by the Secretary under [subsection (2)](#GS77P@Gs2@EN) . > > > (2) If the Secretary is aware that – > > > > > > (a) an order under [section 47(1)](/view/html/inforce/2026-04-12/act-1997-081#GS47@Gs1@EN) or [(2) of the](/view/html/inforce/2026-04-12/act-1997-081#GS47@Gs2@EN) [Youth Justice Act 1997](/view/html/inforce/2026-04-12/act-1997-081) , or an order imposing a sentence under the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) , other than an order that only imposes a fine, is in force in respect of the child who is the subject of the proceeding to which an application under this Division relates; or > > > > > > > (b) a criminal proceeding is pending against that child in any court – > > > > the Secretary must, as soon as possible, inform the Court of that fact and of the details of the order or pending criminal proceeding.