Exempt children
10AB Exempt children
In this regulation —
Veterans’ Affairs Department means the Department of State of the Commonwealth assisting in the administration of the Veterans’ Entitlements Act 1986 (Commonwealth).
For the purposes of the definition of exempt child in section 141A of the Act, the classes of children specified in column 1 of the Table to subregulation (3) are prescribed.
A child belongs to a class of children specified in column 1 of the Table if, at the time of the enrolment of the child, the child meets the description specified opposite the class in column 2 of the Table.
Table
Column 1 Name of class | Column 2 Description of child in class |
|---|---|
Aboriginal children | An Aboriginal child as defined in the Children and Community Services Act 2004 section 3. |
Torres Strait Islander children | A Torres Strait Islander child as defined in the Children and Community Services Act 2004 section 3. |
Children in need of protection | A child who is in need of protection as defined in the Children and Community Services Act 2004 section 28(2). |
Children living in crisis accommodation | A child who is living in crisis or emergency accommodation because of — (a) family violence or a risk of family violence; or (b) homelessness. |
Evacuated children | A child who has been evacuated from their ordinary place of residence because it is in an area of the State to which a declaration made under the Emergency Management Act 2005 section 56 applies. |
Children in care of adult other than parent or guardian | A child who is in the care of an adult, other than their parent or guardian, because of exceptional circumstances (for example, illness or incapacity of their parent or guardian). |
Children in care of holders of certain cards under Commonwealth law | A child who is in the care of a responsible person who holds any of the following — (a) an automatic issue health care card issued under the Social Security Act 1991 (Commonwealth) section 1061ZS; (b) a pensioner concession card issued under the Social Security Act 1991 (Commonwealth) section 1061ZF; (c) a Gold Card issued by the Veterans’ Affairs Department in relation to the person’s entitlement for treatment under the Veterans’ Entitlements Act 1986 (Commonwealth); |
(d) a White Card issued by the Veterans’ Affairs Department in relation to the person’s entitlement for treatment under the Veterans’ Entitlements Act 1986 (Commonwealth). | |
Humanitarian visa children | A child who first entered Australia not more than 6 months before the time of enrolment and who holds, or whose parent holds, a visa (as defined in the Migration Act 1958 (Commonwealth) section 5(1)) of one of the following subclasses — (a) 200 (Refugee); (b) 201 (In‑country Special Humanitarian); (c) 202 (Global Special Humanitarian); (d) 203 (Emergency Rescue); |
(e) 204 (Woman at Risk); (f) 785 (Temporary Protection); (g) 790 (Safe Haven Enterprise); (h) 866 (Protection). |
[Regulation 10AB inserted: Gazette 19 Jul 2019 p. 2848-51.]
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