Document ID: chunk:federal_register_of_legislation:C2025C00129:section:74:p1
Version: federal_register_of_legislation:C2025C00129
Segment Type: section
Provision Reference: s 74 (pt 1/3)
Character Range: 282185–284754

74  Children
 (1) If this Act requires or permits a thing to be done by or in relation to a child, the thing is to be done by or in relation to:
 (a) the person who has, or the persons who jointly have, parental responsibility for the child; or
 (b) if the CEO is satisfied that this is not appropriate—a person determined in writing by the CEO.
 (1A) If:
 (a) a State or Territory Minister; or
 (b) the head (however described) of a Department of State of a State or Territory;
has parental responsibility for the child, the CEO must not make a determination under paragraph (1)(b) in relation to the child unless the Minister or the head of the Department, as the case may be, has agreed in writing to the making of the determination.
 (2) If a person mentioned in subsection (1) makes a plan management request for a participant who is a child, the person may request:
 (a) that the person manage the plan wholly or to the extent specified in the request; or
 (b) that the plan be managed wholly, or to the extent specified in the request, by a registered plan management provider nominated by the person to manage the plan; or
 (c) that the plan be managed wholly, or to the extent specified in the request, by the Agency or a person specified by the Agency.
 (3) The statement of participant supports in the plan must give effect to the plan management request, except as mentioned in subsections (3A) to (5).
 (3A) If the plan is a new framework plan:
 (a) the CEO may, if satisfied that a circumstance mentioned in subsection (3C) exists, decide that:
 (i) a person mentioned in subsection (3B) is to manage a particular proportion of flexible funding provided under the plan; or
 (ii) a person mentioned in subsection (3B) is to manage funding provided under the plan for a particular stated support or class of stated supports; and
 (b) the statement of participant supports in the plan must give effect to the decision.
Note: The CEO may make more than one decision under subparagraph (a)(i) or (ii) for a particular plan if there is more than one person mentioned in subsection (3B) for whom such a decision can be made.
 (3B) For the purposes of subparagraphs (3A)(a)(i) and (ii), the persons are as follows:
 (a) the Agency;
 (b) the person mentioned in subsection (1), if the person has made a request covered by paragraph (2)(a);
 (c) a registered plan management provider, if the person mentioned in subsection (1) has made a request covered by paragraph (2)(b) that nominates the provider.
 (3C) For the purposes of paragraph (3A)(a), the circumstances