Source:  NDIS Act 2013

Definition of parental responsibility

For the purposes of the NDIS Act, a person has parental responsibility for a child
if:
  • the person is the child’s parent and has not ceased to have parental responsibility for the child because of an order made under the Family Law Act 1975 or a law of a State or Territory; or
  • under a parenting order (within the meaning of the Family Law Act 1975):
    • the child is to live with the person; or
    • the child is to spend time with the person; or
    • the person is responsible for the child’s long – term or day – to – day care, welfare and development

 

Duty to children

  • It is the duty of a person who may do a thing because of section 74 to ascertain the wishes of the child concerned and to act in the best interests of the child
  • A person does not breach the duty imposed by subsection (1) by doing a thing if, when the thing is done, the person reasonably believes that:
    • he or she has ascertained the wishes of the child in relation to the thing; and
    • the doing of the thing is in the best interests of the child
  • A person does not breach the duty imposed by subsection (1) by refraining from doing a thing if, at the relevant time, the person reasonably believes that:
    • he or she has ascertained the wishes of the child in relation to the thing; and
    • not doing the thing is in the best interests of the child
  • The National Disability Insurance Scheme rules may prescribe other duties of a person who may do a thing in relation to a child because of section 74, including duties requiring the person:
    • to support decision – making by the child personally; or
    • to have regard to, and give appropriate weight to, the views of the child