Document ID: chunk:federal_register_of_legislation:F2013L01070:body:0:p3
Version: federal_register_of_legislation:F2013L01070
Segment Type: other
Provision Reference: 
Character Range: 5289–8142

might be a substantial degree of doubt as to what persons have parental responsibility under section 75 of the Act, and in view of this doubt, the CEO might be satisfied that it is not appropriate for the persons referred to in paragraph 3.2 to be the child's representative.) In such circumstances, the CEO may determine that the child's representative should be a different person, or a different group of persons. A person determined by the CEO in this way need not have parental responsibility.
    3.4 There is a special rule that applies in relation to such a determination when a State or Territory Minister, or the head of a Department of State of a State or Territory, has parental responsibility for the child. In such a case, the CEO is able to make this determination only with the written agreement of that person. A Minister or departmental head will normally delegate powers relating to parental responsibility. A delegation might include the power to make the agreement on that person's behalf.
                     Paragraphs 3.1 to 3.4 summarise the effect of subsections 74(1) and (1A) of the Act.
    3.5 In deciding whether to make such a determination, the CEO is to have regard to the following:
       (a) the preferences (if any) of the child;
       (b) the desirability of preserving family relationships and informal support networks of the child;
       (c) who is best placed to carry out the duties set out in section 76 of the Act and Part 6 of these Rules;
       (d) for a particular person that the CEO is considering appointing:
           (i) any existing arrangements that are in place between that person and the child; and
           (ii) whether that person has responsibility for day-to-day parenting decisions; and
           (iii) whether that person can act in conjunction with other representatives and supporters of the child in the best interests of the child; and
           (iv) where the CEO has asked the person to answer any questions or provide any information in relation to the possible appointment of that person as a child's representative (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
           (v) any relevant conviction for an offence under Commonwealth, State or Territory law; and
           (vi) any relevant information relating to the suitability of the person to work with children.

       Part 4 Who has parental responsibility?
    4.1 There are different rules for determining who has parental responsibility, depending on whether or not the child has a guardian. Under these rules, in each case, the person