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 Tasmanian authority has jurisdiction under Tasmanian law, apart from this Act, for a Tasmanian personal protection measure in relation to a child.
The Tasmanian authority may exercise jurisdiction for a Tasmanian 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 the Tasmanian authority 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 the Tasmanian authority 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 Tasmanian authorities keep jurisdiction under Article 7 of the Child Protection Convention; or a request to assume jurisdiction is made to the Tasmanian authority 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 the Tasmanian authority 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 Tasmanian authority may only exercise jurisdiction in accordance with 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), (b), (c) and (d) is subject to the limitations in sections 10, 11 and 13.
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