Interstate and New Zealand transfers

Follow this procedure when making case transfers to or from other states, territories or New Zealand.

Introduction

Under the CYFA, orders and proceedings can be transferred between Victoria and other states or territories of Australia and New Zealand, each of which has compatible legislation.

Deciding to transfer a case out of Victoria is a significant decision and must be endorsed by the case planner. The best interests of the child are the paramount consideration in decisions about case transfers.

Transfer of child protection cases between Australian states and territories and New Zealand is undertaken in accordance with the Interstate protocol.

The Coordinating Interstate Liaison Officer (CILO) and divisional Interstate Liaison Officers (ILO) facilitate all interstate and New Zealand transfers.

For additional information see Interstate and New Zealand case transfers - advice.

Procedure: all transfers of child protection orders out of Victoria

Case practitioner tasks

  • Discuss the transfer with the child and parents.
  • Consult your supervisor when considering transferring a case out of Victoria.
  • Consult ACSASS for an Aboriginal child.
  • Seek advice from the divisional ILO or the CPLO about the order that could be obtained in the other jurisdiction or whether the current order needs to be amended or varied before transfer. You must not take into account the period for which it is possible to make such an order in the receiving jurisdiction. A copy of the current order may need to be provided to the receiving jurisdiction by the divisional ILO.
  • Ensure that:
    • the same or similar child protection order exists in the other jurisdiction
    • the Victorian child protection order is not subject to an appeal to the County Court or the Supreme Court or an internal review of decision process.
  • Complete the form ‘Request for interstate transfer – all states’. All interstate transfer forms are accessible at Interstate transfers and requests forms.
  • If no appeal has been lodged, complete the CP080 ‘Letter to other jurisdiction advising no appeal lodged’.
  • If an appeal has been lodged, complete the CP082 ‘Letter to other jurisdiction advising appeal lodged’.
  • When the appeal has been heard, complete the CP083 ‘Letter to other jurisdiction advising outcome of appeal’.
  • Provide all documents to the team manager for endorsement.
  • Provide all signed documents, including a certified copy of the order and the case plan to the divisional ILO.
  • Complete the interstate transfer screen in CRIS.
  • If the order has been made by the receiving jurisdiction (their CILO will send a copy of the order to the divisional ILO):
    • record all details in CRIS (transfer out / court screens)
    • place a copy of the registered interstate order on file
    • forward a copy to the parents and child
    • copy the entire file and forward it to the CILO in the receiving jurisdiction (redact reporter details)
    • close the CRIS file.
  • If the request to transfer a child protection order or proceedings is withdrawn at any time during the process, complete CP087 ‘Letter to other jurisdiction seeking to withdraw request’ and provide to the team manager to sign. Provide a signed copy to divisional ILO to forward to the receiving jurisdiction.

Team manager tasks

  • Endorse interstate case transfers.
  • Sign all relevant documents, prepared by the case practitioner.
  • Consider, negotiate and authorise costs associated with the interstate transfer before the transfer. Record these decisions in CRIS.

Costs incurred before the transfer are borne by the sending jurisdiction. Costs that are in excess of the norm should be discussed with the other jurisdiction at the time the transfer is being negotiated.

Divisional ILO tasks

  • Provide advice to the case practitioner regarding the proposed transfer of an order to another jurisdiction.
  • If this is not known, email a copy of the Victorian protection order to the interstate CILO for advice.
  • When you receive confirmation that a Victorian child protection order is transferrable, commence the request for order transfer.

If the existing order needs to be varied, you must ensure that this occurs before commencing the request for order transfer.

  • Forward a copy of the current order, case plan and all other signed forms to the CILO in the receiving jurisdiction.

Procedure: administrative transfer of a child protection order out of Victoria

Case practitioner tasks

  • Follow the steps above for all transfers out of Victoria.
  • Notify in writing the parents of the child and the child (if aged seven years or above) of the decision to transfer the order no later than three working days after the decision is made (Schedule 1 clause 6(1) CYFA).
  • Provide parents with information regarding their right to appeal (Schedule 1 clause 6 (2) CYFA). Complete form CP077 ‘Letter to child advising decision to transfer order interstate and right to have a decision reviewed’ and CP078 ‘Letter to parents advising decision to transfer order interstate and right to have a decision reviewed’ and provide these to the parents and child.
  • Inform the parents and child they may request a review by VCAT of the decision, or on certain grounds by the Supreme Court. The application for review must be made and received by child protection within 28 days of the decision to transfer the order being made.
  • Complete the relevant form regarding review of the decision, as outlined in the steps above, for all transfers out of Victoria, once the review period has ended.
  • Obtain consent in writing from the child’s parents and any other person granted contact with the child under the order, unless they live, or intend to live, in the receiving jurisdiction. Use form CP079 ‘Parental consent to transfer order interstate’.

Consent is not required when seeking to transfer a care by Secretary order or a long-term care order.

  • If consent is not provided, consider a judicial transfer of a child protection order.
  • Complete the following forms:
    • CP154 – ‘Letter to other jurisdiction advising of decision to transfer (Administrative transfer)’.
    • CP155 – ‘Certificate under clause 3(1)(e) of Schedule 1 that child has had opportunity to seek legal advice’.
  • Provide all documents to the team manager for endorsement.
  • Provide all signed documents, including a certified copy of the order and the case plan to the divisional ILO.

Team manager tasks

  • Endorse all relevant documents prepared by the case practitioner.

Divisional ILO tasks

  • Forward all signed documents required for an administrative transfer, a copy of the order and the case plan to the CILO in the receiving jurisdiction.
  • Act as a liaison between the CILO in the receiving jurisdiction and the case practitioner regarding process matters relating to the transfer.

Procedure: judicial transfer of a child protection order out of Victoria

Seek a judicial transfer when a relevant party does not consent to the transfer of the order

The Children's Court may make an order for a judicial transfer of a child protection order to a participating jurisdiction if:

  • an application is made by child protection, and
  • the order is not subject to an appeal to the Supreme Court or the County Court, and
  • the relevant interstate officer in the receiving jurisdiction has consented in writing to the transfer.

Case practitioner tasks

  • Follow the steps above for all transfers out of Victoria.
  • Complete form CP150 ‘Application to transfer a protection order from Victoria to another jurisdiction’ and obtain a hearing date from the registrar at the Children’s Court. The hearing date should be at least three months from the date of issue. All forms are accessible at Interstate transfers and requests forms.
  • Complete form CP085 ‘Request for consent to interstate transfer’.
  • Provide the divisional ILO with:
    • a copy of the ‘Application to transfer a protection order from Victoria to another jurisdiction’
    • signed form ‘Request for interstate transfer – all states’
    • signed form ‘Request for consent to interstate transfer’
    • copy of the order
    • copy of the case plan.

The divisional ILO will forward these forms to the CILO in the receiving jurisdiction.

  • Serve a copy of the application for a judicial transfer on the child’s parents, the child (if aged 12 years or above) and any other party to the proceedings. Swear or affirm an affidavit of service.
  • If written consent is received from the receiving jurisdiction, prepare form CP086 ‘Letter to court re judicial transfer of order to another state’. Submit this, a copy of the application and the written consent from the receiving jurisdiction to the court.
  • Complete and submit a report to the court and provide this to all parties prior to the hearing date.
  • Inform the court if a sentencing order under an Act, other than a fine, is in force in respect of the child who is the subject of the judicial transfer or if a criminal proceeding is pending against the child in any court.
  • If written consent is not provided by the receiving jurisdiction, withdraw the application.

After the court has made a decision about judicial transfer of a child protection order, parties have 10 working days to appeal the decision.

  • If no appeal has been lodged, complete the CP080 ‘Letter to other jurisdiction advising no appeal lodged’.
  • If an appeal has been lodged, complete the CP082 ‘Letter to other jurisdiction advising appeal lodged’.
  • When the appeal has been heard, complete the CP083 ‘Letter to other jurisdiction advising outcome of appeal’.
  • Provide all documents to the team manager for endorsement.
  • Provide all signed documents, including a certified copy of the order and the case plan to the divisional ILO.
  • Attach any relevant documents and letters to CRIS.

Team manager tasks

  • Endorse all documents prepared by the case practitioner.

ILO tasks

  • Forward all signed documents required for a judicial transfer, a certified copy of the order and the case plan to the CILO in the receiving jurisdiction.
  • Seek consent for the judicial transfer.
  • Forward the relevant signed appeal letter to the CILO in receiving jurisdiction.

Additional procedures for transfer from Victoria to New Zealand

  • Follow the steps above for all transfers out of Victoria, administrative or judicial.
  • Contact immigration officials for New Zealand and seek any information regarding immigration issues that may relate to the child.

Procedure: transfer of child protection proceedings out of Victoria

The Children's Court may make an order transferring child protection proceedings that are pending in the Children's Court to a Children’s Court in another jurisdiction if:

  • an application is made by child protection, and
  • the relevant interstate officer in the receiving jurisdiction has consented in writing to the transfer.

Case practitioner tasks

  • Seek legal advice before making any decision about the transfer of child protection proceedings.
  • Complete CP149 ‘Application to transfer child protection proceedings from Victoria to another jurisdiction’ form and obtain a hearing date from the registrar at the Children’s Court. The hearing date should be at least three months from the date of issue. All forms are accessible at Interstate transfers and requests forms.
  • Follow the steps above for all transfers out of Victoria.
  • Complete form CP085 ‘Request for consent to interstate transfer’.
  • Provide the divisional ILO with:
    • a copy of the ‘Application to transfer child protection proceedings from Victoria to another jurisdiction’
    • signed form ‘Request for interstate transfer – all states’
    • signed form ‘Request for consent to interstate transfer’
    • copy of any interim order (if applicable)
    • copy of the case plan.

The divisional ILO will forward these forms to the CILO in the receiving jurisdiction.

  • Serve a copy of the application to transfer proceedings on:
    • the child's parents or other person with whom the child is living, and
    • the child, if aged 12 years or above.
  • If written consent is received from the receiving jurisdiction, prepare form CP076 ‘Letter to court re transfer of proceedings to another state’. Provide this form, a copy of the application and the written consent from the receiving jurisdiction to the court.
  • Complete and submit a report to the court and provide a copy to all parties prior to the hearing date.
  • Inform the Court if a sentencing order under an Act, other than a fine, is in force in respect of the child who is the subject of the judicial transfer or if a criminal proceeding is pending against the child in any court.
  • If written consent is not provided by the receiving jurisdiction, withdraw the application.

After the Court makes a decision about the transfer of child protection proceedings, parties have three working days to appeal the decision.

  • If no appeal has been lodged, complete the CP080 ‘Letter to other jurisdiction advising no appeal lodged’.
  • If an appeal has been lodged, complete the CP082 ‘Letter to other jurisdiction advising appeal lodged’.
  • When any appeal has been heard, complete the CP083 ‘Letter to other jurisdiction advising outcome of appeal’.
  • Provide all documents to the team manager for endorsement.
  • Provide all signed documents, including a certified copy of the order and the case plan to the divisional ILO.
  • Attach any relevant documents and letter to CRIS.

Team manager tasks

  • Endorse all relevant documents prepared by the case practitioner.

ILO task

  • Forward all signed documents required for a judicial transfer, a certified copy of the order and the case plan to the CILO in the receiving jurisdiction.
  • Seek consent for the judicial transfer.
  • Forward the relevant signed appeal letter to the CILO in receiving jurisdiction.

Procedure: administrative or judicial transfer of an order or child protection proceedings into Victoria

CILO tasks

  • Receive requests for a transfer of an order or child protection proceedings from New Zealand or another state or territory.
  • Ensure that the same or similar order exists in Victoria. Seek advice from Legal Services Branch.
  • Forward requests to the divisional ILO.

ILO tasks

  • Review all documents sent by the sending state to ensure compliance with the legislative requirements of that state.
  • Seek advice from the transferring jurisdiction that the order is not subject to appeal and that any required consent has been obtained.
  • Ensure consent has been provided by the persons required by that jurisdiction and ensure requirements regarding the appeal period have been adhered to.
  • Forward the request to the team manager for consideration.
  • Forward the signed letter advising the sending CILO of the decision:
    • to accept the transfer – CP071 ‘Letter to other jurisdiction advising consent to accept transfer request’ or
    • to decline the transfer request – CP069 ‘Letter to other jurisdiction declining transfer request’.
  • Send a certified copy of the Victorian child protection order once made by the Children's Court to the sending jurisdiction.
  • Advise the sending CILO to whom they should send the interstate child protection file (the case practitioner, team manager or divisional ILO).

Team manager tasks

  • Consider the request for administrative or judicial transfer of interstate order or transfer of child protection proceedings into Victoria. Review all documents provided.
  • Consult with ACSASS for an Aboriginal child, unless the transferring jurisdiction has already undertaken an appropriate consultation with a relevant Aboriginal agency.
  • Verify that all placement assessments have been undertaken prior to accepting the transfer.

If the transfer request is for a judicial transfer or transfer of proceedings, the interstate court requires consent from Victoria to accept the transfer before the interstate court can make an order to transfer.

  • Provide written consent for the transfer and the proposed terms of the order within three months of receipt of the request by the CILO. Complete and sign form CP071 ‘Letter to other jurisdiction advising consent to accept transfer request’ and provide to divisional ILO.
  • If the request is declined, prepare letter CP069 ‘Letter to other jurisdiction declining transfer request’ and provide to Director, Child Protection to endorse.
  • Consider, negotiate and authorise costs associated with the interstate transfer before the transfer.

Costs incurred after the transfer are borne by the receiving jurisdiction. Costs that are in excess of the norm should be discussed with the other jurisdiction at the time the transfer is being negotiated.

Case practitioner tasks

  • For a transfer of interstate order into Victoria, complete form CP045 'Application to court to register interstate order in Victoria’ and lodge this with a copy of the interstate order at the Children's Court.
  • For a transfer of child protection proceedings into Victoria, complete form CP153 'Application to court to register interstate proceedings in Victoria’ and lodge this with a copy of the interstate interim order (if applicable) at the Children's Court.
  • Once the team manager has consented to the transfer in writing, and the interstate department advises of the appeal period lapsing (where applicable) and the order/proceedings are registered in the Children’s Court complete and send forms:
    • CP068 ‘Letter to parent advising interstate order/proceedings registered in Victoria’ and
    • CP072 ‘Letter to child advising interstate order/proceedings registered in Victoria.
  • Provide a certified copy of the Victorian order/proceedings to the divisional ILO to forward to the CILO in the sending jurisdiction.
  • Attach any relevant documents and letter to CRIS.

Director Child Protection task

  • Inform the sending jurisdiction of the decision to decline the transfer and the reasons why the transfer cannot be accepted. Sign form CP069 ‘Letter to other jurisdiction declining transfer request’.

Procedure: transfer child without transferring the order (in or out of Victoria)

If a child subject to a Children's Court order is to be placed interstate and a sending jurisdiction is unable to transfer the order or the transfer of the order would (at that time) be contrary to the interests of the child, the sending jurisdiction may place the child interstate without transferring the order. 

Team manager tasks

  • Liaise with the relevant interstate department regarding the proposed placement.
  • Consult with ACSASS for an Aboriginal child.
  • Supply all information to the receiving jurisdiction as reasonably requested.

Divisional ILO tasks

  • Write to the receiving jurisdiction’s CILO regarding the tasks to be undertaken (such as carer assessments before the child leaves the sending jurisdiction) and tasks to be undertaken once the child arrives in the receiving jurisdiction.

Procedure: interstate placement or movement of a child who is not on a child protection order but is subject to child protection involvement

Case practitioner tasks

  • Undertake an assessment of proposed carers and provide a report if reasonably requested to do so by another jurisdiction that intends to place a child with carers in Victoria. Consult ACSASS as part of that assessment for an Aboriginal child.
  • Comply with the Aboriginal Child Placement Principle.
  • If child protection is involved in a child being placed interstate due to protective concerns, where there is not a child protection order or proceeding, inform the receiving jurisdiction of the placement before the placement is made. Provide an outline of the case to the other jurisdiction, if requested to do so.
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