Matters relating to jurisdiction for the person of a child
9 Matters relating to jurisdiction for the person of a child
This section applies if a Queensland authority has jurisdiction under Queensland law, apart from this Act, for a Queensland personal protection measure in relation to a child.
The Queensland authority may exercise jurisdiction for a Queensland personal protection measure only in relation to—
a child who is present and habitually resident in Australia; or
a child who is present in Australia and habitually resident in a Convention country, if—
the child’s protection requires taking the measure as a matter of urgency; or
the measure is provisional and limited in its territorial effect to Australia; or
the child is a refugee child; or
a request to assume jurisdiction is made to a Queensland court or the department by a competent authority of the country of the child’s habitual residence; or
a competent authority of the country of the child’s habitual residence agrees to a Queensland court or the department assuming jurisdiction; or
a child who is present in a Convention country, if—
the child is habitually resident in Australia; or
the child has been wrongfully removed from or retained outside Australia and Queensland authorities keep jurisdiction under Article 7 of the Child Protection Convention; or
a request to assume jurisdiction is made to a Queensland court or the department by a competent authority of the country of the child’s habitual residence or country of refuge; or
a competent authority of the country of the child’s habitual residence or country of refuge agrees to a Queensland court or the department assuming jurisdiction; or
a child who is present in Australia and is a refugee child; or
a child who is present in a non-Convention country, if—
the child is habitually resident in Australia; or
the child is habitually resident in a non-Convention country and is an Australian citizen; or
a child who is present in Australia, if the child is habitually resident in a non-Convention country.
The Queensland authority may only exercise jurisdiction under subsection (2)(b)(ii) if the measure is not incompatible with a foreign measure already taken by a competent authority of a Convention country under Articles 5 to 10 of the Child Protection Convention.
Subsection (2)(a) to (d) is subject to the limitations in sections 10, 11 and 13.
This Act’s bill:Explanatory memorandum
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