Child Protection (International Measures) Act 2006 (NSW)

Child Protection (International Measures) Act 2006 No 12

An Act to implement in New South Wales the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Child Protection (International Measures) Act 2006.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act The objects of this Act are to recognise— (a) the importance of international co-operation for the protection of children, and (b) the need to avoid conflict between the legal systems of different countries about the jurisdiction, applicable law, recognition and enforcement of measures for the protection of children, and (c) that a child's best interests are a primary consideration in relation to a measure for protecting the person of the child or a measure for protecting the child's property.

4 Application of Act (1) This Act does not apply to a matter to which the Child Protection Convention does not apply under Article 4 of the Convention. (2) In addition to measures to which the Child Protection Convention applies under Article 53 of the Convention, this Act applies to a measure taken in another country before the Convention has entered into force for that country if, at all relevant times that action is taken under this Act in relation to the measure, the Convention is in force for that country and Australia. (3) This Act does not apply in relation to matters dealt with under an arrangement with New Zealand under Chapter 14A of the Children and Young Persons (Care and Protection) Act 1998. (4) To the extent that this Act and an arrangement referred to in subsection (3) are inconsistent in providing for the exercise of jurisdiction by a New South Wales authority or a competent authority in a Convention country, this Act prevails.