Document ID: chunk:federal_register_of_legislation:C2024C00851:section:7b
Version: federal_register_of_legislation:C2024C00851
Segment Type: section
Provision Reference: s 7B
Character Range: 54592–55583

7B  Meaning of eligible carer
 (1) In this Act, eligible carer, in relation to a child, means a person who has at least shared care of the child.
 (2) Despite subsection (1), if:
 (a) a person cares for 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 caring for the child;
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 care for the child.
 (3) For the purposes of subsection (2), it is unreasonable for a parent or legal guardian to care for 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.