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INFORMATION PRIVACY ACT 2009 - SECT 45
Making access or amendment applications for children
45 Making access or amendment applications for children
(1) Without limiting the ability of persons to make access or amendment
applications for children, an access or amendment application may be made for
the child by the child’s parent. Note— 1 Section 196 clarifies the
powers of those acting for others.
2 For an application made for a child, the
child (and not the parent) is the applicant—see schedule 5 , definition
applicant.
(2) In this section—
"child" means an individual who is under 18 years.
"parent" — 1 Parent, of a child, means any of the following persons— (a)
the child’s mother;
(b) the child’s father;
(c) a person who exercises
parental responsibility for the child, including a person who is granted
guardianship of the child under the Child Protection Act 1999 or who otherwise
exercises parental responsibility for the child under a decision or order of a
federal court or a court of a State.
2 However, a person standing in the
place of a parent of a child on a temporary basis is not a parent of the
child.
3 A parent of an Aboriginal child includes a person who, under
Aboriginal tradition, is regarded as a parent of the child.
4 A parent of a
Torres Strait Islander child includes a person who, under Island custom, is
regarded as a parent of the child.
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