AustLII Tasmanian Numbered Acts

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CHILD PROTECTION (INTERNATIONAL MEASURES) ACT 2003 (NO. 23 OF 2003) - SECT 19

If Tasmanian authority is asked to assume jurisdiction

(1)  A Tasmanian court may, if it considers that it is in the child's best interests, accept or reject a request made under Article 8 of the Child Protection Convention by, or at the invitation of, a competent authority of a Convention country for the Tasmanian court to assume jurisdiction to take a Tasmanian property protection measure relating to the child.
(2)  A Tasmanian court may order, or invite the parties to proceedings before the court to ask, the Department or Public Trustee to do both of the following:
(a) in a way that the Department or Public Trustee considers appropriate, to request, under Article 9 of the Child Protection Convention, that a competent authority of a Convention country agree to the Tasmanian court assuming jurisdiction to take a Tasmanian property protection measure relating to the child;
(b) to report to the court about the outcome of the request.
(3)  The Public Trustee must –
(a) apply to a Tasmanian court for an order that the Public Trustee may accept a request, under Article 9 of the Child Protection Convention, for the Public Trustee to assume jurisdiction to take a Tasmanian property protection measure relating to the child that the Public Trustee considers necessary; or
(b) reject the request.
(4)  The Tasmanian court may only –
(a) make the order, or issue the invitation, under subsection (2) if it considers that it is better placed than the competent authority to assess the child's best interests; or
(b) make the order under subsection (3)(a) if it considers that the Public Trustee is better placed than the competent authority to assess the child's best interests.



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