Document ID: chunk:federal_register_of_legislation:C2025C00162:section:1061pl:p2
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 1061PL (pt 2/2)
Character Range: 1331715–1333137

his or her age.
A person to whom this subsection applies is taken, for the purposes of this Part, to be in State care.

Unreasonable to live at home
 (7) A person is independent if:
 (a) the person cannot live at the home of either or both of his or her parents:
 (i) because of extreme family breakdown or other similar exceptional circumstances; or
 (ii) because it would be unreasonable to expect the person to do so as there would be a serious risk to his or her physical or mental well‑being due to violence, sexual abuse or other similar exceptional circumstances; and
 (b) the person is not receiving continuous support, whether directly or indirectly and whether financial or otherwise, from a parent of the person or from another person who is acting as the person's guardian on a long‑term basis; and
 (c) the person is not receiving, on a continuous basis, any payments in the nature of income support (other than a social security benefit) from the Commonwealth, a State or a Territory.

Parents of relationship children
 (8) If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person's only parents for the purposes of subsections (3), (4), (5), (6) and (7).

Subdivision E—Residency