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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA ACT 2021 (NO. 12, 2021) - SECT 127

Meaning of eligible child

             (1)  For the purposes of this Chapter, a person is an eligible child of a Judge, or a retired disabled Judge, who dies if:

                     (a)  the person:

                              (i)  has not attained the age of 16 years; or

                             (ii)  has not attained the age of 25 years and is receiving full-time education at a school, college or university; and

                     (b)  one of the following applies:

                              (i)  the person is a child or adopted child of the Judge;

                             (ii)  the person is a child of the Judge within the meaning of the Family Law Act 1975 ;

                            (iii)  in the Minister's opinion, the person was wholly or substantially dependent on the Judge at the time of the Judge's death;

                            (iv)  in the Minister's opinion, the person would have been wholly or substantially dependent on the Judge but for the Judge's death.

             (2)  Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Minister under subparagraph (1)(b)(iii) or (iv).



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