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Child Support Legislation Amendment Bill 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:

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.