10Special circumstances in which the Minister may issue an Australian travel document to a child

10 Special circumstances in which the Minister may issue an Australian travel document to a child

(1) For paragraph 11(2)(a) of the Act, each of the circumstances mentioned in subsection (3) is a special circumstance in which the Minister may issue an Australian travel document to a child even though a person who has parental responsibility for the child (the non‑consenting person) has not consented to the child having an Australian travel document.

Note: Parental responsibility has the meaning given by subsection 11(5) of the Act.

(2) Subsection (1) does not apply if the Minister has been provided with court documents demonstrating that there are proceedings before a Commonwealth, State or Territory court that may affect: (aa) the issue of an Australian travel document to the child; or (a) the rights of the child to travel internationally; or (b) who has parental responsibility for the child. (3) The circumstances are the following: (a) the Minister has not been able to contact the non‑consenting person for a reasonable period; (b) the non‑consenting person is either or both of the following: (i) missing; (ii) presumed dead; (c) the non‑consenting person is medically incapable of providing consent; (d) there has been no contact between the child and the non‑consenting person for a substantial period before the application is made; (e) the non‑consenting person: (i) is not an Australian citizen; and (ii) is separated from a person who has parental responsibility for the child and has consented to the child having an Australian travel document; and (iii) has not had contact with the child since the child arrived in Australia; (f) a family violence order has been issued against the non‑consenting person; (g) if the child is outside Australia—there is evidence of family violence; (h) an order of a court in a convention country (within the meaning of the Family Law (Child Abduction Convention) Regulations 1986) permits any of the following: (i) the issue of a travel document to the child; (ii) the child to travel internationally; (iii) contact between the child and another person outside the country where the order was made; (i) if the child is outside Australia—the Minister considers that there is a need for the child to travel internationally or the child requires a travel document to continue to legally reside overseas; (j) an order of a State or Territory court, made under a child welfare law, grants parental responsibility or guardianship of the child to: (i) a parent of the child other than the non‑consenting person; or (ii) a person other than a parent of the child. (4) In this section, the following expressions have the same meaning as in the Family Law Act 1975: (a) child welfare law; (b) family violence; (c) family violence order.