Section 207K — Children, Young Persons, and Their Families Act 1989: Court may order transfer of protection order

207K Court may order transfer of protection order (1) A Court may order that a protection order be transferred to a participating State if— (a) The chief executive applies to the Court for the order to be transferred; and (b) The Court has obtained and considered, in relation to the child or young person, a report from a Social Worker that covers the matters that section 130 requires a plan prepared under section 128 to specify, contain, or state; and (c) The protection order is not subject to an appeal to the High Court, or to any review proceedings; and (d) The interstate officer of the participating State has consented in writing to the transfer of the protection order and to the proposed terms of the order to be transferred; and (e) 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 (f) The chief executive certifies that 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 (e) . (2) Before deciding whether to order the transfer of a protection order, the Court may direct a Care and Protection Co-ordinator to convene a family group conference for the purpose of considering whether the transfer should be ordered, and sections 20 to 36 apply, with any necessary modification, to the convening of such a family group conference. (3) Sections 188 , 189 , and 191 to 194 apply to a report obtained from a Social Worker under subsection (1)(b) as if it were a report obtained from a Social Worker under section 186 . 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 207K(1)(e)(ii): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27). Subsection (1)(e)(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 transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176). Section 207K(1)(e)(iii): added, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).