Policy: Interstate Case Transfers (including New Zealand)

Policy Purpose

Territory Families is committed to maintaining the safety and support needs of children as they move between the Northern Territory and other States, Territories and New Zealand.

Policy Statement

Decisions regarding the interstate transfer of child protection orders and proceedings and the interstate placement of children (transfer of casework tasks)are made in accordance with the Northern Territory’s legislative provisions.

TheCare and Protection of Children Act 2007(Part 2.4) provides for the transfer of children on protection orders, and proceedings,between the Northern Territory and other States or Territories and New Zealand. The transfer of all protection orders from the Northern Territory (except for parental responsibility directions to a specified person) can occur by administrative or judicial means.

In addition, the Interstate Child Protection Protocol April 2016(the Protocol),which has been agreed to by all States, Territories and New Zealand,provides guidelines for the transfer of casework and the transfer of orders and proceedings.

The best interests of a child are paramount in determining whether to initiate or accept an interstate placement or transfer ofa child protection order or proceedings.It is essential that the details of a proposed interstate placement (including avenues to appeal a decision) are thoroughly explored with the child, their family, Carer and service providers. Where relevant, transfers must comply with Territory Families Aboriginal Child Placement Principle Practice Guide.

Territory Families will accept all requests to transfer unless it is determined that:

  • a proposed transfer is contrary to the wellbeing and best interest of the child;
  • it is not legally possible or not practical to accept the transfer (the placement is not viable);
  • the home order has less than six months remaining before expiry or, because of their age, the child is close to leaving care.

All interstate transfers must occur within the framework of this Policy, Procedures and the Protocol in collaboration with the receiving interstate child protection department via the NT Interstate Liaison Officer. If there are any disputes between receiving and transferring States, Territories or New Zealand regarding a proposed transfer they are expected to be resolved within 10 working days from initiation of the transfer request.

If no agreement is reached between the receiving and transferring States, Territories or New Zealand the matter will be referred to the nominated officer of the respective Departments for resolution.

Legislative Basis

Care and Protection of Children Act 2007 sections 155 to 177

Standards

Standards of Professional Practice

Authorised by:
Executive Director, Service Development and Policy on: / 16/03/2015 / Active from: / 16/03/2015 /
Version 1.0 / To inform Territory Families staff of principles, legislative and interstate protocol supporting the transfer of cases across Australian jurisdictions and New Zealand.
Current Version v1.01
Active from: / 6/02/2017 / Authorised by: / Director, Policy
Update: / Rebranded, internal links reset, Caseworker to Case Manager and updated name of the interstate protocol.
Review due: / March 19 / Maintenance: / Policy

Page 1 of 2v1.01 Policy: Interstate Case Transfers (including New Zealand)