Document ID: chunk:federal_register_of_legislation:F2013L01070:body:0:p5
Version: federal_register_of_legislation:F2013L01070
Segment Type: other
Provision Reference: 
Character Range: 10473–13237

section 76 of the Act and Part 6 of these Rules;
           (v) whether a person who satisfies parental condition 1 or parental condition 2 is more willing and able to carry out the duties to children set out in section 76 of the Act and Part 6 of these Rules.

Children who do not have guardians
    4.7 If a child does not have a guardian, then any person who satisfies parental condition 1 or parental condition 2 has parental responsibility for the child.
    4.8 Where this results in more than 1 person having parental responsibility for a child, the CEO is able to determine that 1 or more of those persons have parental responsibility for the child for the purposes of the Act. This is discretionary; the CEO does not need to make this determination.
                     Paragraphs 4.7 and 4.8 summarise subsections 75(1) and (3) of the Act.
    4.9 When deciding whether to make a determination referred to in paragraph 4.8, the CEO is to have regard to the following:
       (a) the preferences (if any) of the child;
       (b) the views of any person who has parental responsibility for the child;
       (c) whether 1 or more of those persons are best placed to carry out the duties to children set out in section 76 of the Act and Part 6 of these Rules, taking into account:
           (i) existing arrangements that are in place between those persons and the child; and
           (ii) which persons have responsibility for day-to-day parenting decisions; and
           (iii) which persons can act in conjunction with other representatives and supporters of the child in the best interests of the child;
       (d) whether 1 or more of those persons are willing and able to work together in the best interests of the child;
       (e) the desirability of preserving family relationships and informal support networks of the child;
       (f) for any of the persons:
           (i) where the CEO has asked the person to answer any questions or provide any information in relation to making a determination that applies to that person (including requesting the person to consent to the release of information concerning their criminal history or suitability to work with children):
              (A) any answers or information that have been provided by the person; and
              (B) any refusal by the person to provide answers or information; and
           (ii) any relevant conviction for an offence under Commonwealth, State or Territory law; and
           (iii) any relevant information relating to the suitability of the person to work with children.

       Part 5 When a child does not need a child's representative
    5.1 Under the Act, a child will sometimes be able to do things for himself or herself. For this to be the case, the