Lawful Authority:
I am the person with lawful authority of the child referred to in this offer form. I declare that the information in this form is true and correct.
*Parents: All parents have powers and responsibilities in relation to their children which can only be changed by a court order. The Education and Care Services National Regulation refer to those powers and responsibilities as 'lawful authority'. It is not affected by the relationship between parents, such as whether or not they have lived together or are married. A court order, such as under the Family Law Act, may take away the authority of a parent to do something, or may give it to another person.
*Guardians: A guardian of a child also has lawful authority. A legal guardian is given lawful authority by a court order. The definition of 'guardian' under the Education and Care Services National Law Act 2010 also covers situation where a child does not live with his or her parents and there are no court orders. In these cases, the guardian is the person the child lives with who has day-to-day care and control of their child.