77Parental responsibility for certain non-citizen children awaiting adoption

77 Parental responsibility for certain non-citizen children awaiting adoption

77 Parental responsibility for certain non-citizen children awaiting adoption

(1) This section applies to a non-citizen child who is subject to the Immigration (Guardianship of Children) Act 1946 of the Commonwealth on entry to Australia and in relation to whom an adoption order has not been made under any law.

(2) The Secretary has parental responsibility for a child to whom this section applies and section 75 is, to the extent necessary, to apply to that child as if he or she were born in a State of the Commonwealth for so long as New South Wales is the normal place of residence of the child.

Note—

The Minister for Immigration of the Commonwealth is the guardian of a child arriving in Australia and who is subject to the Immigration (Guardianship of Children) Act 1946 of the Commonwealth until an adoption order is made. The functions of parental responsibility are presently delegated to the Secretary under section 5 of that Act.

s 77: Am 2006 No 112, Sch 2 [34] [35].