Commonwealth Numbered Acts

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 26

26. After section 60 of the Principal Act the following section is inserted:
Guardianship and custody

''60A. (1) A person who is the guardian of a child under this Act has
responsibility for the long-term welfare of the child and has, in relation to
that child, all the powers, rights and duties that are, apart from this Act,
vested by law or custom in the guardian of a child, other than-

   (a)  the right to have the daily care and control of the child; and

   (b)  the right and responsibility to make decisions concerning the daily
        care and control of the child.

''(2) A person who has or is granted custody of a child under this Act has-

   (a)  the right to have the daily care and control of the child; and

   (b)  the right and responsibility to make decisions concerning the daily
        care and control of the child.

''(3) The operation of sub-section (1) or (2) in relation to a child may be
varied by any order made in relation to the child by a court exercising
jurisdiction under this Act.

''(4) An order made under this Act or the repealed Act, being an order in
force immediately before the commencement of section 26 of the Family Law
Amendment Act 1983 that granted to a person the care and control of a child
shall, after the commencement of that section, have effect for the purposes of
this Act as if it were an order granting to the person the custody of the
child.

''(5) An order made under this Act or the repealed Act, being an order in
force immediately before the commencement of section 26 of the Family Law
Amendment Act 1983 that granted to a person the custody of a child, shall,
after the commencement of that section, have effect for the purposes of this
Act-

   (a)  where, by that order or another order in force immediately before the
        commencement of that section, the care and control of the child had
        been granted to another person-as if the first-mentioned order were an
        order granting to the first-mentioned person the guardianship of the
        child; or

   (b)  in any other case-as if the first-mentioned order were an order
        granting to the first-mentioned person the guardianship and the
        custody of the child.''.