Western Australian Current Acts Western Australian Current Acts (1) In this section
—
parenting order means a parenting order made under
the Family Law Act 1975 of the Commonwealth or the Family Court Act 1997
which deals with —
(a) the
person or persons with whom a child is to live; or
(b) the
time a child is to spend with another person or other persons; or
(c) the
communication a child is to have with another person or other persons; or
(d) the
allocation of parental responsibility for a child;
prescribed period , in relation to —
(a) a
child who is under 12 months of age, means one month; or
(b) any
other young child, means a period of 3 consecutive months;
provide care , in relation to a young child, means
to exercise responsibility for the day-to-day care, welfare and development of
the child;
young child means a child who has not reached an
age at which the child is required to be enrolled in an educational programme
under the School Education Act 1999 section 9(1).
(2) A person must not
provide care for a young child for longer than the prescribed period unless
the person is —
(a) a
parent of the child; or
(b) an
adult member of the child’s family; or
(c) a
carer of the child; or
(d) a
person who has made an application for a parenting order in relation to the
child, at any time before the application is finally determined; or
(e) a
person in whose favour a parenting order has been made in relation to the
child, while the order is in force; or
(fa)
caring for the child under a surrogacy arrangement, as defined in the
Surrogacy Act 2008 , and not more than one year has elapsed since the day on
which the child was born; or
(f) a
person who is providing care for the child in accordance with an approval
under subsection (3).
Penalty for this subsection: a fine of $12 000 and
imprisonment for one year.
(3) The CEO may give a
person approval to provide care for a young child.
(4) An approval under
subsection (3) —
(a) must
be in writing; and
(b) has
effect for such period not exceeding 12 months as is specified in the
approval; and
(c) may
be subject to such conditions as the CEO considers appropriate; and
(d) may
be revoked at any time; and
(e)
cannot be renewed.
[Section 104 amended: No. 35 of 2006 s. 201; No.
47 of 2008 s. 57; No. 49 of 2010 s. 85; No. 18 of 2021 s. 48 and 76.]
[Heading amended: No. 49 of 2010 s. 15.]