Document ID: chunk:federal_register_of_legislation:C2013C00567:clause:1_13
Version: federal_register_of_legislation:C2013C00567
Segment Type: clause
Provision Reference: sch 1 cl 13
Character Range: 18637–19495

13  At the end of section 36
Add:

Primary carers in cases of shared care
 (8) If a child is an FTB child of an individual and is also an FTB child of another individual who is not the individual's partner, the primary carer of the child is:
 (a) if the individual who gave birth to the child has a percentage of care for the child of at least 48%—that individual; or
 (b) if paragraph (a) does not apply, but one individual has a higher percentage of care for the child than anyone else—that individual; or
 (c) if paragraphs (a) and (b) do not apply, but 2 individuals have an equal percentage of care for the child that is higher than anyone else's percentage of care for the child:
 (i) if one of those individuals gave birth to the child—that individual; or
 (ii) whichever of those individuals the Secretary decides is the primary carer of the child.