25 Making access application for children

1) Without limiting the ability of persons to make applications for children, an access application may be made for a child by the child's parent.

Notes—

1 Section 190 clarifies the powers of those acting for others.
2 For an application made for a child, the child (and not the parent) is the applicant—see schedule 5, definition applicant. This may be particularly relevant for section 66 (Applicant under financial hardship).

(2) In this section—

child means an individual who is under 18 years.

parent

1 Parent, of a child, is any of the following persons—

(a) the child's mother;

(b) the child's father;

(c) a person who exercises parental responsibility for the child, including a person who is granted guardianship of the child under the Child Protection Act 1999 or who otherwise exercises parental responsibility for the child under a decision or order of a federal court or a court of a State.

2 However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.

3 A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.

4 A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.