Document ID: chunk:federal_register_of_legislation:F2013L01070:body:0:p4
Version: federal_register_of_legislation:F2013L01070
Segment Type: other
Provision Reference: 
Character Range: 7883–10692

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 with parental responsibility will either be:
       (a) the child's guardian; or
       (b) 1 or more of the persons who satisfy parental condition 1 or parental condition 2.
    4.2 The parental conditions are as follows:
     parental condition 1 is that the person:
       (a) is a parent of the child; and
       (b) has not ceased to have parental responsibility for the child because of an order made under the Family Law Act 1975 or a law of a State or a Territory.
     parental condition 2 is that, under a parenting order (within the meaning of the Family Law Act 1975):
       (a) the child is to live with the person; or
       (b) the child is to spend time with the person; or
       (c) the person is responsible for the child's long-term or day-to-day care, welfare and development.
                     Persons who satisfy parental condition 1 or parental condition 2 will also satisfy paragraph 75(1)(a) or (b) of the Act.

Children who have guardians
    4.3 If a child has a guardian, the guardian normally has parental responsibility for the child (and will therefore normally be the child's representative—see paragraph 3.2).
    4.4 However, the CEO is able to determine instead that 1 or more of the persons who satisfy parental condition 1 or parental condition 2 have parental responsibility for the child.
    4.5 In some cases, a State or Territory Minister, or the head of a Department of State of a State or Territory, will have guardianship of the child. If so, the CEO is able to make this determination only with the written agreement of that person.
                     Paragraphs 4.1 to 4.5 summarise the operation of subsections 75(1) to (3A) of the Act.
    4.6 When deciding whether to make such a determination, the CEO is to:
       (a) consult, in writing, with the child's guardian; and
       (b) have regard to the following:
           (i) the preferences (if any) of the child;
           (ii) the principle that the child's guardian should be the child's representative unless the CEO is satisfied that this is not appropriate;
           (iii) whether the child's guardian recommends that another person should be the child's representative;
           (iv) the extent to which the child's guardian is willing and able to perform the functions of child's representative set out in 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