Commonwealth Consolidated Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 7B

             (1)  In this Act, eligible carer , in relation to a child, means a person who has at least shared care of the child.

             (2)  Despite subsection (1), if:

                     (a)  a person cares for a child; and

                     (b)  the person is neither a parent nor a legal guardian of the child; and

                     (c)  a parent or legal guardian of the child has indicated that he or she does not consent to the person caring for the child;

then the person is not an eligible carer in relation to the child unless it would be unreasonable in the circumstances for a parent or legal guardian of the child to care for the child.

             (3)  For the purposes of subsection (2), it is unreasonable for a parent or legal guardian to care for a child if:

                     (a)  the Registrar is satisfied that there has been extreme family breakdown; or

                     (b)  the Registrar is satisfied that there is a serious risk to the child's physical or mental wellbeing from violence or sexual abuse in the home of the parent or legal guardian concerned.