Double orphan—refugee

In force

(1)

A young person is a double orphan if:

(a)

the young person is a refugee child; and

(b)

one parent of the young person is:

(i)

dead; or

(ii)

living outside Australia; or

(iii)

uncontactable; and

(c)

the other parent, if any, is:

(i)

dead; or

(ii)

living outside Australia; or

(iii)

uncontactable; or

(iv)

a long‑term prisoner; or

(v)

a mental hospital patient on a long‑term basis; or

(vi)

in residential care on a long‑term basis.

Note 1:

For young person and parent see section 5.

Note 2:

For refugee child see section 995.

Note 3:

For uncontactable see section 998.

Note 4:

For long‑term prisoner see section 996.

Note 5:

For mental hospital patient on a long‑term basis, see subsection 997(1).

Note 5A: For in residential care on a long‑term basis, see subsection 997(2).

(2)

If a young person (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975, the person and the other person are taken to be the young person’s only parents for the purposes of this section.

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994 Double orphan—refugee