Commonwealth Consolidated Acts

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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 75

Definition of parental responsibility

             (1)  For the purposes of this Act, a person has parental responsibility for a child if:

                     (a)  the person is the child's parent and has not ceased to have parental responsibility for the child because of an order made under the Family Law Act 1975 or a law of a State or Territory; or

                     (b)  under a parenting order (within the meaning of the Family Law Act 1975 ):

                              (i)  the child is to live with the person; or

                             (ii)  the child is to spend time with the person; or

                            (iii)  the person is responsible for the child's long-term or day-to-day care, welfare and development.

             (2)  Despite subsection (1), if, under a law of the Commonwealth, a State or a Territory, a person has guardianship of a child, that person has parental responsibility for the child, unless the CEO determines that one or more of the persons referred to in subsection (1) instead have parental responsibility for the child.

             (3)  If subsection (1) would result in more than one person having parental responsibility for a child, the CEO may determine that one or more of those persons have parental responsibility for the child for the purposes of this Act.

          (3A)  If:

                     (a)  a State or Territory Minister; or

                     (b)  the head (however described) of a Department of State of a State or Territory;

has guardianship of the child, the CEO must not make a determination under subsection (2) or (3) in relation to the child unless the Minister or the head of the Department, as the case may be, has agreed in writing to the making of the determination.

             (4)  The National Disability Insurance Scheme rules may prescribe requirements with which the CEO must comply, criteria that the CEO is to apply or matters to which the CEO is to have regard in deciding whether to make a determination under subsection (2) or (3).

             (5)  A determination under subsection (2) or (3) must be in writing.

             (6)  A determination under subsection (2) or (3) is not a legislative instrument.



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