Section 207D — Children, Young Persons, and Their Families Act 1989: Chief executive may transfer protection order

207D Chief executive may transfer protection order (1) The chief executive may transfer a protection order ( the home order ) to a participating State if,— (a) In his or her opinion, a protection order to the same or a similar effect as the home order could be made under the child welfare law of that State; and (b) The home order is not subject to an appeal to the High Court, or to any review proceedings; and (c) The interstate officer of the participating State has consented in writing to the transfer and to the proposed terms of the protection order to be transferred ( the interstate order ); and (d) Any consent required under section 207F has been given; and (e) Any consultation required under section 207G has been carried out; and (f) The child or young person is not subject to— (i) An order made under paragraph (c) , or any of paragraphs (k) to (o) , of section 283; or (ii) A community-based sentence under the Sentencing Act 2002 ; or (iii) a sentence of home detention imposed under section 80A of the Sentencing Act 2002; and (g) Neither the chief executive, nor any officer or employee of the Department, knows of any information laid, or of any proceedings pending before a Youth Court or any other court, that could lead to the child or young person being made subject to an order or sentence referred to in paragraph (f) . (2) In determining whether a protection order to the same or a similar effect as the home order could be made under the child welfare law of a participating State, the chief executive must not take into account the maximum period for which such an order can have effect in that State. (3) Before deciding whether to transfer a protection order, the chief executive may request a Care and Protection Coordinator to convene a family group conference for the purpose of considering whether the order should be transferred, and sections 20 to 36 apply, with any necessary modification, to the convening of such a family group conference. Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116). Section 207D(1)(f)(ii): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27). Subsection (1)(f)(ii) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9) by substituting “ under the Sentencing Act 2002 ” for “ , or a suspended sentence, under the Criminal Justice Act 1985 ” . See sections 148 to 160 of that Act for the savings and transitional provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176). Section 207D(1)(f)(iii): added, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).