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Bill
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Child Support Legislation Amendment Bill
(No. 2) 2000
- Schedule 1—Lower child support percentages for children with whom liable parent has 10% to 30% contact
- Schedule 2—Lower cap on income subject to child support formula assessment
- Schedule 3—Income earned for the benefit of resident children
- Schedule 4—Increase in deductible child maintenance expenditure for family tax benefit and child care benefit
- Schedule 5—Administrative arrangements
- Schedule 6—Departure prohibition orders
- Schedule 7—Minimum rate of child support
- Schedule 8—Supporting documents
- Schedule 9—Definition of eligible carer
- Schedule 10—Technical amendments
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Child Support Legislation Amendment Bill
(No. 2) 2000
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:
7B Meaning of eligible carer
(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.