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CHILD SUPPORT LEGISLATION AMENDMENT ACT 2001 NO. 75, 2001 - SCHEDULE 9 - Definition of eligible carer

CHILD SUPPORT LEGISLATION AMENDMENT ACT 2001 NO. 75, 2001 - SCHEDULE 9

- Definition of eligible carer

Child Support (Assessment) Act 1989

1 Section 5 (definition of eligible carer)

Repeal the definition, substitute:

eligible carer has the meaning given by section 7B.

2 After section 7A

Insert:

(1) In this Act, eligible carer , in relation to a child, means:

(a)
a person who is the sole or principal provider of ongoing daily care for the child; or

(b)
a person who has major contact with the child; or

(c)
a person who shares ongoing daily care of the child substantially equally with another person; or

(d)
a person who has substantial contact with the child.

(2) Despite subsection (1), if:

(a)
a person provides care for a child, shares care of a child or has contact with 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 providing or sharing such care, or having such contact;

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 provide or share such care or have such contact.

(3) For the purposes of subsection (2), it is unreasonable for a parent or legal guardian to provide care for, share care of or have contact with, 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.