Document ID: chunk:federal_register_of_legislation:C2010A00065:clause:2_52
Version: federal_register_of_legislation:C2010A00065
Segment Type: clause
Provision Reference: sch 2 cl 52
Character Range: 97600–99991

52  Percentage of care if action taken to make a new care arrangement in relation to a child
 (1) This section applies if:
 (a) the Registrar is required by section 49 or 50 to determine a responsible person's percentage of care for a child during a care period; and
 (b) a care arrangement (the current care arrangement) applies in relation to the child; and
 (c) the Registrar is satisfied that the actual care of the child that the responsible person has had, or is likely to have, during the care period does not comply with the extent of care of the child that the person should have had, or is to have, under the current care arrangement during that period (which may be nil); and
 (d) a person who has reduced care of the child:
 (i) has not taken reasonable action to ensure that the current care arrangement is complied with; but
 (ii) has taken reasonable action to make another care arrangement (the new care arrangement) in relation to the child; and
 (e) the Registrar is satisfied that, if the new care arrangement were to be made, the extent of care that the person who has reduced care of the child would have under that arrangement during the care period would be:
 (i) more than the actual care of the child that the Registrar is satisfied that that person has had, or is likely to have, during that period; but
 (ii) less than the extent of care of the child that that person should have had, or is to have, under the current care arrangement during that period; and
 (f) the Registrar is satisfied that special circumstances exist in relation to the person who has reduced care of the child.
Note: This section does not apply in certain circumstances: see section 53.
 (2) The Registrar must determine, under section 49 or 50, 2 percentages of care in relation to the responsible person.
 (3) The first percentage of care is to be a percentage that corresponds with the extent of care of the child that the responsible person would have under the new care arrangement during the care period if it were to be made.
 (4) The second percentage of care is to be:
 (a) for a determination under section 49—0%; or
 (b) for a determination under section 50—a percentage that corresponds with the actual care of the child that the Registrar is satisfied that the responsible person would be likely to have during the care period if the new care arrangement were not to be made.