(1) This section applies in relation to an application mentioned in any of the following sections of the Act
:
(a) section 19A (b) (ii) (C);
(b) section 24 (1) (a) (ii) (C);
(c) section 29A (1) (a) (ii) (C).
(2) If a circumstance mentioned in column 2 of an item in table 8 applies, the person or people mentioned in column 3 of the item must consent to the application.
Table 8
column 1 item |
column 2 prescribed circumstance |
column 3 stated person with parental responsibility |
---|---|---|
1 | 1 person (other than a parent) has long-term care responsibility for the young person under a provision of a care and protection order Examples • a long-term parental responsibility provision | the person with long-term care responsibility |
2 | 2 or more people have shared long-term care responsibility for the young person under a provision of a care and protection order | every person with shared long-term care responsibility from whom consent can practicably and reasonably be obtained |
3 | the appointment of a testamentary guardian for the young person is in effect under the Testamentary Guardianship Act 1984 |
and it is not practicable or reasonable to obtain the consent of any surviving parent
the young person's testamentary guardian
4
the appointment of 2 or more testamentary guardians for the young person is in effect under the Testamentary Guardianship Act 1984
and it is not practicable or reasonable to obtain the consent of any surviving parent
every testamentary guardian of the young person from whom consent can practicably and reasonably be obtained
5
a parenting order under the Family Law Act 1975
(Cwlth), s 65D is in effect that includes parental responsibility for a person (other than a parent) to make decisions about major long-term issues for the young person
the person with parental responsibility for major long-term issues
6
a parenting order under the Family Law Act 1975
(Cwlth), s 65D is in effect that includes parental responsibility for 2 or more people to make decisions about major long-term issues for the young person
every person with parental responsibility for major long-term issues from whom consent can practicably and reasonably be obtained
(3) In this section:
"care and protection order"—see the Children and Young People Act 2008
, section 422.
"enduring parental responsibility provision"—see the Children and Young People Act 2008
, section 481.
"long-term care responsibility", for a child or young person—see the Children and Young People Act 2008
, section 20.
"major long-term issues"—see the Family Law Act 1975
(Cwlth), section 4 (1).
"testamentary guardian"—see the Testamentary Guardianship Act 1984
, section 6.