Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:1_3:p1
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 1/3)
Character Range: 18099–20637

3  At the end of section 5
Add:

Principal carer

 (15) A person is the principal carer of a child if:
 (a) the child is a dependent child of the person; and
 (b) the child has not turned 16.

Note: The definition of dependent child in subsection (2) requires:

(a) the adult to be legally responsible (whether alone or jointly with another person) for the day‑to‑day care, welfare and development of the child: subsection (16) deals with the circumstances in which a step‑parent is taken to have such legal responsibility; and

(b) a child to be in an adult's care: subsection (17) deals with the circumstances in which a child is taken to remain in an adult's care.

 (16) For the purpose of determining whether a person is the principal carer of a child, the person is taken to be legally responsible (whether alone or jointly with another person) for the day‑to‑day care, welfare and development of the child if:
 (a) the person is the step‑parent of the child; and
 (b) the person is living with the child and a parent of the child; and
 (c) the person and the parent are members of the same couple.
This subsection does not, by implication, affect the determination of whether a person is taken to be legally responsible (whether alone or jointly with another person) for the day‑to‑day care, welfare and development of a child in cases to which this subsection does not apply.

 (17) For the purpose of determining whether a person is the principal carer of a child, the child is taken to remain in the person's care if:
 (a) at the start of a period not exceeding 8 weeks, the child leaves the person's care; and
 (b) throughout the period, the child is the dependent child of another person; and
 (c) the child returns, or the Secretary is satisfied that the child will return, to the first person's care at the end of the period.
This subsection does not, by implication, affect the determination of whether a child is in the care of a person in cases to which this subsection does not apply (for example, if the period exceeds 8 weeks).

 (18) Only one person at a time can be the principal carer of a particular child.

 (19) If the Secretary is satisfied that, but for subsection (18), 2 or more persons (adults) would be principal carers of the same child, the Secretary must:
 (a) make a written determination specifying one of the adults as the principal carer of the child; and
 (b) give a copy of the determination to each adult.

 (20) The Secretary may make the determination even if all the adults have not claimed a