Document ID: chunk:federal_register_of_legislation:F2024C00597:reg:28:p2
Version: federal_register_of_legislation:F2024C00597
Segment Type: reg
Provision Reference: reg 28 (pt 2/4)
Character Range: 42309–44931

least 26 weeks; and
 (b) the relevant person became, or is likely to become, the child's primary carer:
 (i) before the child's first birthday; or
 (ii) for an adopted child—before the first anniversary of the placement of the child; and
 (c) on the day the child came into the care of the relevant person, the child was not entrusted to the care of the relevant person or the relevant person's partner (if any) under a decision made by a child protection agency of a State or Territory, or a court of a State or Territory, under a law of that State or Territory dealing with child protection; and
 (d) the relevant person is covered by subsection (4) or (5).
 (4) For the purposes of paragraph (3)(d), the relevant person is covered by this subsection if the following persons are incapable of caring for the child, and have been, or are likely to be, incapable of caring for the child for a continuous period of at least 26 weeks:
 (a) the child's birth mother and the birth mother's partner (if any);
 (b) for an adopted child—the adoptive parent of the child and the adoptive parent's partner (if any), or each of the adoptive parents of the child and their respective partners (if any);
 (c) the PPL claimant (if any), for the child, who:
 (i) is covered by paragraph 54(1)(g) of the Act; and
 (ii) is the child's primary carer immediately before the relevant person becomes the child's primary carer.
 (5) For the purposes of paragraph (3)(d), the relevant person is covered by this subsection if the Secretary is satisfied on reasonable grounds that:
 (a) the relevant person became the primary carer of the child in special circumstances; and
 (b) it would be unreasonable for the following persons to care for the child:
 (i) the child's birth mother and the birth mother's partner (if any);
 (ii) for an adopted child—the adoptive parent of the child and the adoptive parent's partner (if any), or each of the adoptive parents of the child and their respective partners (if any);
 (iii) the PPL claimant (if any), for the child, who is covered by paragraph 54(1)(g) of the Act and who is the child's primary carer immediately before the relevant person becomes the child's primary carer; and
 (c) taking into account the arrangements for the child's care with the relevant person in comparison with those in the child's previous family situation, it is in the interests of the child for the relevant person to care for the child.
Note: For when it is unreasonable for a person to care for a child, see section 6.

Exceptional circumstances—previous PPL claimants
 (6) Exceptional circumstances in which a special