Parents: All parents have powers and responsibilities in relation to their children which can only be changed by a court order.
The Children's Services Regulations 2009 refer to these powers and responsibilities as "Lawful Authority". It is not affected
by the relationship between the parents, such as whether or not they live 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 give the authority to another person.

Guardians: A guardian of a child also has lawful authority. A legal guardian is given lawful authority by a court. The
definition of "guardian" under the Children's Services Act 1996 also covers situations 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 the day to day
care and control of the child.

Note

Only a court order has the power to transfer lawful authority from one person to another. A person who has lawful authority
cannot transfer it to another person. For example, a parent cannot transfer lawful authority to a relative or friend. Only a
person with lawful authority is able to:

• Authorize another person to collect the child from the service;
• Authorize the taking of the child outside the premises of the service by a staff member;
• Request or permit the administration of medication to the child;
• Consent to medical treatment of the child; or
• Authorize the service to seek medical treatment by a medical practitioner, hospital or ambulance service.