Section 7B — Child Support (Assessment) Act 1989: Meaning of eligible carer

(1) In this Act, eligible carer, in relation to a child, means a person who has at least shared care of the child. (2) Despite subsection (1), if: (a) a person cares for a child; and (b) the person is neither a parent nor a legal guardian of the child; and (c) a parent or legal guardian of the child has indicated that he or she does not consent to the person caring for the child; then the person is not an eligible carer in relation to the child unless it would be unreasonable in the circumstances for a parent or legal guardian of the child to care for the child. (3) For the purposes of subsection (2), it is unreasonable for a parent or legal guardian to care for a child if: (a) the Registrar is satisfied that there has been extreme family breakdown; or (b) the Registrar is satisfied that there is a serious risk to the child’s physical or mental wellbeing from violence or sexual abuse in the home of the parent or legal guardian concerned.