RIGHT TO INFORMATION ACT 2009 - SECT 25 Making access applications for children

RIGHT TO INFORMATION ACT 2009 - SECT 25

25 Making access applications for children

(1) Without limiting the ability of persons to make applications for children, an access application may be made for a child by the child’s parent.

Notes—

1 Section 190 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 . This may be particularly relevant for section 66 (Applicant under financial hardship).

(2) In this section—


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


"parent" —

1 Parent, of a child, is 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.