Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p70
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 70/86)
Character Range: 228017–230610

Act must not make an order under this Act (other than an order under Division 7) in relation to a child who is under the care (however described) of a person under a child welfare law unless:

  (a) the order is expressed to come into effect when the child ceases to be under that care; or

    (b) the order is made in proceedings relating to the child in respect of the institution or continuation of which the written consent of a child welfare officer of the relevant State or Territory has been obtained.

"(2) Nothing in this Act, and no decree under this Act, affects:

    (a) the jurisdiction of a court, or the power of an authority, under a child welfare law to make an order, or to take any other action, by which a child is placed under the care (however described) of a person under a child welfare law; or

  (b) any such order made or action taken; or

  (c) the operation of a child welfare law in relation to a child.

"(3) If it appears to a court having jurisdiction under this Act that another court or an authority proposes to make an order, or to take any other action, of the kind referred to in paragraph (2)(a) in relation to a child, the first-mentioned court may adjourn any proceedings before it that relate to the child.

"Division 13—State, Territory and overseas orders

"Subdivision A—What this Division does

What this Division does

"70A. This Division provides for:

(a) the registration of State and Territory orders dealing with children (Subdivision B); and

(b) the registration of overseas orders dealing with children (Subdivision C); and

(c) the transmission of Australian orders to overseas jurisdictions (Subdivision D).

"Subdivision B—Registration of State and Territory orders

Interpretation

"70B. In this Subdivision:

'State' includes a Territory;

'State child order' means an order made under the law of a State:

   (a) that (however it is expressed) has the effect of determining the person or persons with whom a child who is under 18 is to live, or that provides for a person or persons to have custody of a child who is under 18; or

   (b) that (however it is expressed) has the effect of providing for contact between a child who is under 18 and another person or persons, or that provides for a person or persons to have access to a child who is under 18.

General registration of orders made under law of prescribed State

"70C. The Rules of Court may make provision for and in relation to the registration in a court having jurisdiction under this Part of State child orders made under a law of a prescribed State.

Registration