Explanatory Memorandum
(Circulated by authority of the Minister for Community Services, the Hon Larry Anthony MP)Schedule 9 - Definition of eligible carer
Summary of proposed changes
Currently, an assessment may be made of child support payable to a non-parent who is providing care to a child who has left home, whether with or without parental consent, and whether with or without reasonable cause. The child support scheme should not be seen to condone or assist the breakdown of families. Accordingly, this measure will generally provide that carers who are not parents or legal guardians of a child cannot be eligible carers, and therefore cannot get child support, if a parent or legal guardian has not consented to the arrangement. However, if it is unreasonable for the child to live at home because of extreme family breakdown or because of a serious risk to the childs physical or mental wellbeing from violence or sexual abuse at home, the carer can be an eligible carer.
Explanation of the changes
The key amendment in this Schedule is item 2 . This inserts into the Assessment Act new section 7B, providing the meaning of eligible carer (in place of the existing definition in section 5).
The new section picks up the current meaning of the term, but goes further. It provides that, despite the basic rules (which always have to be met), a person who provides care for, shares care of, or has contact with, a child of whom he or she is not a parent or legal guardian cannot generally be an eligible carer in relation to the child if a parent or legal guardian of the child has indicated that he or she does not consent to the care or contact. However, if it would be unreasonable in the circumstances for a parent or legal guardian to provide or have that care or contact, the person can be an eligible carer.
That unreasonable test is that the Registrar must be satisfied either that there has been extreme family breakdown, or that there is a serious risk to the childs physical or mental wellbeing from violence or sexual abuse in the home of the parent or legal guardian.
This measure commences on Royal Assent.