Child Protection (International Measures) Act 2003

A Queensland 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 Queensland court to assume jurisdiction to take a Queensland property protection measure relating to the child.

A Queensland court may order, or invite the parties to proceedings before the court to ask, the department or the public trustee to do both of the following in a way that the department or the 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 Queensland court assuming jurisdiction to take a Queensland property protection measure relating to the child;

to report to the court about the outcome of the request.

The public trustee must—

apply to a Queensland court, under the Public Trustee Act 1978, 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 Queensland property protection measure relating to the child that the public trustee consider necessary; or

reject the request.

The Queensland court may only—

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

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.