77PCourt to have regard to certain matters

77P Court to have regard to certain matters

[Section 77P Inserted by No. 78 of 1999, s. 5, Applied:01 Jul 2000]

(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) .

(2)  If the Secretary is aware that –

(a) an order under section 47(1) or (2) of the Youth Justice Act 1997 , or an order imposing a sentence under the Sentencing Act 1997 , 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.