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NSW CTO for Brother - Which State's Laws Apply?

Discussion in 'Other/General Law Forum' started by Hello11, 6 February 2016.

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  1. Hello11

    Hello11 Member

    6 February 2016
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    My brother was in the hospital for depression two times while in South Australia. Both occasions were voluntary. He has now moved back to NSW.

    We are worried that he may stop taking his medication and would like to impose a CTO if he does. The criteria for imposing a CTO in NSW includes being involuntarily admitted to hospital. While in South Australia it does not require a history of involuntary admission.

    Which court would he have to go through, NSW or South Australia, or can NSW court apply South Australian Law.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    It would have to be in New South Wales if that's where he is residing. The New South Wales Court does not have jurisdiction to order a person to comply with another state's legislation.

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