7Meaning of incapable of caring for a child

7 Meaning of incapable of caring for a child

(1) A person is incapable of caring for a child if the person is not able to care for the child because: (a) there is a parenting order (within the meaning of the Family Law Act 1975) in force resulting in the person not providing care for the child; or (b) the person is deceased; or (c) the person is in prison or otherwise institutionalised; or (d) the person’s whereabouts are unknown after all reasonable efforts have been made to locate the person; or (e) the person suffers from a medical condition; or (f) the Secretary is satisfied that there is another reason, beyond the control of the person, that means the person is not able to care for the child. (2) A person is not incapable of caring for a child if the person voluntarily chooses not to care for the child.

Note: Example: A person may voluntarily choose not to care for a child by deciding to travel overseas without the child or by deciding to look after other relatives and not the child.