Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 69S

  (1)   If:

  (a)   during the lifetime of a particular person, a prescribed court (other than a court of a prescribed overseas jurisdiction) has:

  (i)   found expressly that the person is a parent of a particular child; or

  (ii)   made a finding that it could not have made unless the person was a parent of a particular child; and

  (b)   the finding has not been altered, set aside or reversed;

the person is conclusively presumed to be a parent of the child.

  (1A)   If:

  (a)   during the lifetime of a particular person, a court of a reciprocating jurisdiction within the meaning of section   110 or a jurisdiction mentioned in Schedule   4 or 4A to the regulations has:

  (i)   found expressly that the person is a parent of a particular child; or

  (ii)   made a finding that it could not have made unless the person was a parent of a particular child; and

  (b)   the finding has not been altered, set aside or reversed;

the person is presumed to be a parent of the child.

  (2)   If:

  (a)   after the death of a particular person, a prescribed court has:

  (i)   found expressly that the person was a parent of a particular child; or

  (ii)   made a finding that it could not have made unless the person was a parent of a particular child; and

  (b)   the finding has not been altered, set aside or reversed;

the person is presumed to have been a parent of the child.

  (3)   In this section:

"prescribed court" means a federal court, a court of a State or Territory or a court of a prescribed overseas jurisdiction.