Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p75
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 75/86)
Character Range: 240018–242847

is amended:

(a) by omitting from paragraph (l)(d) "welfare" and substituting "care, welfare and development";

    (b) by omitting from paragraph (l)(d) "has the custody of the child" and substituting "has caring responsibility for the child (as defined in subsection (1AA))";

(c) by inserting after subsection (1 A):

"(1AA) For the purposes of paragraph (l)(d), a person has caring responsibility for a child if:

       (a) the person is a parent of the child with whom the child lives; or

       (b) the person has a residence order in relation to the child; or

       (c) the person has a specific issues order in relation to the child under which the person is responsible for the child's long-term or day-to-day care, welfare and development.".

Registered maintenance agreements

33. Section 86 of the Principal Act is amended by omitting from subsection (2) "66N" and substituting "66S".

Operation of maintenance agreements entered into in substitution for rights under Act

34. Section 87 of the Principal Act is amended by omitting from subsection (4C) "66N" and substituting "66S".

Intervention by Attorney-General

35. Section 91 of the Principal Act is amended by omitting paragraph (l)(b) and substituting:

"(b) any proceedings under this Act for or in relation to:

(i) a residence order, a contact order or a specific issues order; or

(ii) an order under section 67ZC.".

Intervention by other persons

36. Section 92 of the Principal Act is amended by omitting from subsection (1A) "66W(1)" and substituting "69W(1)".

Intervention in child abuse cases

37. Section 92A of the Principal Act is amended by omitting paragraphs (2)(b) and (c) and substituting the following paragraphs:

"(b) a parent of the child with whom the child lives;

(ba) a person who has a residence order in relation to the child;

    (bb) a person who has a specific issues order in relation to the child under which the person is responsible for the child's long-term or day-to-day care, welfare and development;

  (c) any other person responsible for the care, welfare or development of the child;".

Leave to appeal needed in some cases

38. Section 94AA of the Principal Act is amended by omitting from subsection (4) the definition of "child welfare matter" and substituting the following definition:

" 'child welfare matter' means a matter relating to the person or persons with whom a child is to live, contact between a child and another person or persons or any other aspect of parental responsibility (within the meaning of Part VII) for a child;".

Restrictions on examination of children

39. Section 102A of the Principal Act is amended by omitting "court counsellor" from paragraph (b) of the definition of "examined" in subsection (5) and substituting "family and child counsellor".

Insertion of new section