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INFORMATION PRIVACY ACT 2009 - SECT 45 Making access or amendment applications for children

INFORMATION PRIVACY ACT 2009 - SECT 45

Making access or amendment applications for children

45 Making access or amendment applications for children

(1) Without limiting the ability of persons to make access or amendment applications for children, an access or amendment application may be made for the child by the child’s parent.
Note—
1 Section 196 clarifies the powers of those acting for others.
2 For an application made for a child, the child (and not the parent) is the applicant—see schedule 5 , definition applicant.
(2) In this section—


"child" means an individual who is under 18 years.


"parent"
1 Parent, of a child, means any of the following persons—
(a) the child’s mother;
(b) the child’s father;
(c) a person who exercises parental responsibility for the child, including a person who is granted guardianship of the child under the Child Protection Act 1999 or who otherwise exercises parental responsibility for the child under a decision or order of a federal court or a court of a State.
2 However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.
3 A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.
4 A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.