1.1.G.80 Guardian

Usage

This definition applies to all payments.

Definition

The term guardian was used in custody orders (1.1.C.380) prior to the Family Law Reform in June 1996. The term was defined the in Family Law Act 1975 subsection 63E(1).

A person who is the guardian of a child has the responsibility for the long term welfare of the child and has all the powers, rights and duties of a guardian EXCEPT:

  • the right to have daily care and control of the child, AND
  • the right and responsibility to make decisions concerning the daily care and control of the child.

Dependent child (1.1.D.70)

A guardian of a child does NOT have the legal responsibility for the day-to-day care and welfare of the child. The child can ONLY be considered to be a dependent child of the guardian IF the child is wholly or substantially in the guardian's care AND no other person who has the legal responsibility for the day-to-day care of the child is caring for the child.

Exception: A child can be a dependent child of a person who has been given guardianship of the child AND also legal responsibility (1.1.L.33) or custody by the court.

Act reference: SSAct section 5(2) Dependent child-under 16

Last reviewed: 2 January 2014