Social Security Act 1991

A young person is a refugee child if:

the young person is not an adopted child by virtue of an adoption under a law in force in a State or Territory of the Commonwealth; and

the young person has not, at any time, lived in Australia with one or both of his or her parents; and

the young person:

has been granted refugee status by the Australian Government; or

has, at any time, been admitted into Australia as a refugee by the Australian Government; or

the young person has been, at any time, admitted into Australia in accordance with the terms of a special humanitarian program of the Australian Government that has been approved by the Minister for the purposes of this definition.

An approval of a special humanitarian program for the purposes of subparagraph (1)(c)(iii) may be expressed to have retrospective effect to the date of the establishment of the program.

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.