The Family Law Act (1975) covers the topic of international protection of children. Specifically, Division 4 under Part XIIIAA of the Act is about international protection of children.
Part XIIIAA is all about international conventions, international agreements and international enforcement related to family law matters. In this blog, we will go over 2 Sections under Division 4, these are:
Section 111CA: Definitions of Terms Used in Division About International Protection of Children
Section 111CA is a preliminary section. We provide an outline of all the terms that appear in Division 4 of Part XIIIAA of the Act. It also provides definitions of those terms.
Given below is a table consisting of terms that appear in this Division about international protection of children. The table also provides their definitions.
|A Convention country or a non-Convention country
|Includes the external Territories
|– For a Convention country: The Convention country’s central authority if there is one central authority under Article 29 of the Child Protection Convention – Otherwise: The central authority designated as the Convention country’s central authority under Article 29 of the Child Protection Convention
|Child Protection Convention
|The Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children signed at The Hague on 19 October 1996
|Commonwealth Central Authority
|The Secretary of the Attorney-General’s Department
|Commonwealth Personal Protection Measure
|A measure under this Act directed to the protection of the person of the child, as defined by the Child Protection Convention
|Commonwealth Property Protection Measure
|A measure under this Act for appointing or deciding the powers of a guardian of the child’s property, as defined by the Child Protection Convention
|Competent authority of Australia: An entity in Australia responsible or authorised to take measures or make decisions about protecting the person of a child or appointing/deciding powers of a guardian of a child’s property
Competent authority of a Convention country: An entity in a Convention country responsible or authorised to take foreign measures relating to a child, as defined by the Child Protection Convention
Competent Authority of a non-Convention country: An entity in a non-Convention country responsible or authorised to take measures or make decisions about protecting the person of a child or appointing/deciding powers of a guardian of a child’s property
Other Terms and Definitions
|A country, other than Australia, for which the Child Protection Convention has entered into force
|Country of Refuge
|A country in which the child is present as a refugee child
|– An individual
– A corporation
– An unincorporated body
– A government authority or body
– A court or tribunal
|-A foreign personal protection measure
-A foreign property protection measure
|foreign personal protection measure
|A measure taken by a competent authority of a Convention country for protecting the person of the child, as defined by the Child Protection Convention
|Foreign Property Protection Measure
|A measure taken by a competent authority of a Convention country for appointing or deciding the powers of a guardian of the child’s property, as defined by the Child Protection Convention
|A country for which the Child Protection Convention has not entered into force
|The same meaning as in the Child Protection Convention
|– A child who is a refugee
– A child who is internationally displaced due to disturbances occurring in his or her country of habitual residence
– A child whose country of habitual residence cannot be determined
|Includes each external Territory
Subsection (2) of Section 111CA
Expressions in this Division on international protection of children, or in regulations made for the purposes of this Division have the same meaning as they do in the Child Protection Convention, unless there is a clear indication to the contrary.
Section 111CB: Relationship Between this Division and Other Provisions
Section 111CB under international protection of children states the following points in relation to
- This Division has effect despite the rest of this Act, except for sections 69ZK and 111B and the regulations made for the purposes of section 111B.
- This Division, with the exception of section 111CZ, is subject to sections 69ZK and 111B and the regulations made for the purposes of section 111B.
- Section 111CZ, along with the regulations made for that section, has effect despite section 69ZK.
Contact Our Family Lawyers for More Information
Are you are dealing with a family law matter? Do you require more information on the international protection of children? If so, do not hesitate to contact our lawyers at JB Solicitors. Our team of competent and experienced lawyers can provide you with market-leading legal advice.
Reach out to us today.