Commonwealth and State Central Authorities
Commonwealth Central Authority (CCA)
All new incoming and outgoing applications are assessed by the CCA to ensure that they meet the requirements of the Convention.
When an application is received from a left-behind parent in Australia for the return of a child taken overseas, the CCA checks that it conforms to the Convention requirements, and that all necessary information and documents have been supplied. If the application is in order, it is faxed to the Central Authority of the Convention country where the child has been taken. In some countries, for example, the UK and New Zealand, a lawyer is appointed immediately to represent the applicant. In other countries, for example, Israel, Argentina and some provinces of Canada, if the applicant qualifies for legal aid in their Australian state or territory, then they will qualify for aid in those jurisdictions abroad. The Central Authorities will advise the applicant of the steps that have been taken here. The application will usually then proceed to court. The CCA liaises closely with the foreign Central Authority throughout this process, and obtains any additional documentation required by the foreign court.
If the Australian parent has to go to the other country to get the child, and has obtained financial assistance from the Attorney-General's Department to do so, the legal assistance will sometimes make the travel arrangements for the parent.
When a new application is received from overseas for the return of a child abducted to Australia, it is sent to the SCA where the child is thought to be. It is the SCA which actually files the application in court and takes responsibility for the legal proceedings but the Commonwealth may instruct the SCA to deal with the case in a particular way. The Commonwealth bears the full cost of these proceedings for the applicant.
Other functions of the CCA are:
- to provide legal and policy information on the operation of the Convention
- to provide guidance to the State Central Authorities on the conduct of the application
- to locate children whose whereabouts are unknown
- to advise members of the public and private practitioners on legal and practical aspects of the Convention eg. Checking a draft application before being sent in, discussing prospects of success depending on the other Convention country involved
- to keep left-behind parents informed of developments in the other country
- to assist left-behind parents with travel arrangements to the other country
- to maintain regular liaison with the State Central Authorities and foreign Central Authorities
- to maintain a public information role by publishing an abduction pamphlet, a guidebook and a newsletter.
State Central Authorities (SCA’s)
SCA’s carry out Australia's Convention obligations in each State and Territory. All incoming and outgoing applications must be sent through the CCA. All incoming applications for return of children brought to Australia are then sent on to the appropriate SCA. State Central Authorities may also assist a left-behind parent in Australia to prepare a return application when a child is taken overseas.
When an application from overseas is sent to a SCA for action, a preliminary decision must be made as to whether the application is a suitable one for a negotiated voluntary return. Even when a voluntary return is being sought, the SCA may still obtain urgent ex parte retraining orders. The orders protect the Central Authority if negotiations break down and the abducting parent tries to flee with the child.
The orders sought by a Central Authority may include interim orders for the surrender of passports, preventing the removal of children from Australia, placing names of children on the airport watch list, orders for interim residence of the child, and for the issuing of warrants to apprehend the children. A child may be removed from the abducting parent only as a last resort.
Obtaining urgent ex parte orders is appropriate where:
- the abducting parent is considered a ‘flight risk’
- it is determined that the welfare of the child is at risk
- there is evidence to suggest that the abducting parent may flee to a non-Convention country