Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:11:p4
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 11 (pt 4/30)
Character Range: 119695–122367

and
 (c) the applicant, and the applicant's spouse or de facto partner (if any), have no near relatives other than near relatives who are:
 (i) usually resident in Australia; and
 (ii) Australian citizens, Australian permanent residents or eligible New Zealand citizens; and
 (d) if the applicant is a child who:
 (i) has not turned 18; and
 (ii) has been adopted by an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen (the adoptive parent) while overseas:
  at the time of making the application, the adoptive parent has been residing overseas for a period of at least 12 months.
 (2) In this regulation:
near relative, in relation to an applicant, means a person who is:
 (a) a parent, brother, sister, step‑brother or step‑sister of the applicant or of the applicant's spouse or de facto partner (if any); or
 (b) a child (including a step‑child) of the applicant or of the applicant's spouse or de facto partner (if any), being a child who:
 (i) has turned 18 and is not a dependent child of the applicant or the applicant's spouse or de facto partner (if any); or
 (ii) has not turned 18 and is not wholly or substantially in the daily care and control of the applicant or the applicant's spouse or de facto partner (if any).

1.15AA  Carer
 (1) An applicant for a visa is a carer of a person who is an Australian citizen usually resident in Australia, an Australian permanent resident or an eligible New Zealand citizen (the resident) if:
 (a) the applicant is a relative of the resident; and
 (b) according to a certificate that meets the requirements of subregulation (2):
 (i) a person (being the resident or a member of the family unit of the resident) has a medical condition; and
 (ii) the medical condition is causing physical, intellectual or sensory impairment of the ability of that person to attend to the practical aspects of daily life; and
 (iii) the impairment has, under the Impairment Tables (within the meaning of subsection 23(1) of the Social Security Act 1991), the rating that is specified in the certificate; and
 (iv) because of the medical condition, the person has, and will continue for at least 2 years to have, a need for direct assistance in attending to the practical aspects of daily life; and
 (ba) the person mentioned in subparagraph (b)(i) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
 (c) the rating mentioned in subparagraph (b)(iii) is equal to, or exceeds, the impairment rating specified in a legislative instrument made by the Minister for this paragraph; and
 (d) if the person to whom the certificate relates is not the resident,