Document ID: chunk:federal_register_of_legislation:C2004A00843:clause:9_7b
Version: federal_register_of_legislation:C2004A00843
Segment Type: clause
Provision Reference: sch 9 cl 7B
Character Range: 51048–52468

7B  Meaning of eligible carer

 (1) In this Act, eligible carer, in relation to a child, means:
 (a) a person who is the sole or principal provider of ongoing daily care for the child; or
 (b) a person who has major contact with the child; or
 (c) a person who shares ongoing daily care of the child substantially equally with another person; or
 (d) a person who has substantial contact with the child.

 (2) Despite subsection (1), if:
 (a) a person provides care for a child, shares care of a child or has contact with a child; and
 (b) the person is neither a parent nor a legal guardian of the child; and
 (c) a parent or legal guardian of the child has indicated that he or she does not consent to the person providing or sharing such care, or having such contact;
then the person is not an eligible carer in relation to the child unless it would be unreasonable in the circumstances for a parent or legal guardian of the child to provide or share such care or have such contact.

 (3) For the purposes of subsection (2), it is unreasonable for a parent or legal guardian to provide care for, share care of or have contact with, a child if:
 (a) the Registrar is satisfied that there has been extreme family breakdown; or
 (b) the Registrar is satisfied that there is a serious risk to the child's physical or mental wellbeing from violence or sexual abuse in the home of the parent or legal guardian concerned.