Child Protection (International Measures) Act 2003

A Queensland court may order, or invite the parties to proceedings before the court to ask, the department or the public trustee to request, in a way the department or the public trustee considers appropriate, a competent authority described in Article 8, paragraph 2 of the Child Protection Convention—

to assume jurisdiction under Article 8 of the Convention for appointing, or deciding the powers of, a guardian of the child’s property; and

as the competent authority considers necessary, to take a measure appointing, or deciding the powers of, a guardian of the child’s property; and

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

In addition, the Queensland court may make any other order it considers necessary for an order under subsection (1).

The Queensland court may only make the order or issue the invitation under subsection (1) if the court considers that the competent authority is better placed to assess the child’s best interests.

The Queensland court may accept or reject a request under Article 9 of the Child Protection Convention made by, or at the invitation of, a competent authority of a Convention country described in Article 8, paragraph 2 of the Convention, for the competent authority to assume jurisdiction to take measures for the protection of the child’s property.

If the competent authority assumes jurisdiction under the request, a Queensland court must not exercise jurisdiction under section 16(2)(a), (b)(iii) to (v) or (c) while the competent authority continues to exercise its jurisdiction.