Minister: Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence
Agency: Department of Justice and Attorney-General


Information Privacy Act 2009


Queensland Crest
Information Privacy Act 2009

An Act to provide safeguards for the handling of personal information in the public sector environment, and to allow access to and amendment of personal information

Chapter 1 Preliminary

Part 1 Introductory

1Short title

This Act may be cited as the Information Privacy Act 2009.

2Commencement

This Act commences on a day to be fixed by proclamation.

3Object of Act

(1)The primary object of this Act is to provide for—
(a)the fair collection and handling in the public sector environment of personal information; and
(b)a right of access to, and amendment of, personal information in the government’s possession or under the government’s control unless, on balance, it is contrary to the public interest to give the access or allow the information to be amended.
(2)The Act must be applied and interpreted to further the primary object.

4Act not intended to prevent other accessing or amendment of personal information

(1)This Act is not intended to prevent or discourage the giving of access to, or allowing the amendment of, documents otherwise than under this Act if the giving of access or the allowing of amendment can properly be done or is permitted or required to be done by law.
(2)To remove any doubt, it is declared that subsection (1) applies to—
(a)the giving of access to, or allowing the amendment of, documents that are not documents for chapter 3 or documents to which the privacy principles do not apply; or
(b)the giving of access to, or allowing the amendment of, documents by—
(i)an entity that is not an entity for chapter 3; or
(ii)an entity to which the privacy principles do not apply; or
(iii)an entity to which the privacy principles do not apply in relation to a particular function.

5Relationship with other Acts requiring access to or amendment of personal information

Without limiting section 4, this Act does not affect the operation of another Act, and chapter 3 does not affect the operation of an administrative scheme, whether or not under an Act, that—
(a)requires information about personal information in the possession, or under the control, of government to be made available to members of the community; or
(b)enables an individual to be given access to or to amend the individual’s personal information in the possession, or under the control, of government;

whether or not on payment of a charge.

6Scope of personal information under this Act

This Act applies to the collection of personal information, regardless of when it came into existence, and to the storage, handling, accessing, amendment, management, transfer, use and disclosure of personal information regardless of when it was collected.

7Relationship with other Acts prohibiting disclosure of information

(1)Chapter 3 overrides the provisions of other Acts prohibiting the disclosure of personal information (however described).

Notes—

1The Parliament considers that personal information the disclosure of which is prohibited under a provision of an Act mentioned in the Right to Information Act, schedule 3, section 12 is information the disclosure of which would, on balance, be contrary to the public interest—see the Right to Information Act, section 44(2)(a), as applied under this Act, and schedule 3, section 12 of that Act.
2This information is called exempt information and, under the Right to Information Act, section 47(3)(a), as applied under this Act, an agency or Minister may refuse access to a document to the extent the document comprises exempt information.
3However, an agency or Minister may give access to a document even if this Act provides that access to the document may be refused—see section 64(4).
(2)Other than as provided for in subsection (1), this Act is intended to operate subject to the provisions of other Acts relating to—
(a)the collection, storage, handling, accessing, amendment, management, transfer, and use of personal information; and
(b)the disclosure, within the meaning of section 23, of personal information.

8Relationship with other Acts regulating disposal of information

This Act does not affect the provisions of other Acts regulating the disposal of information (however described).

Note—

See, for example, the Public Records Act 2002, section 13.

9Relationship with Right to Information Act

(1)The Right to Information Act also provides for access to documents of an agency or Minister.
(2)If, on its face, an access application made under the Right to Information Act could have been made under this Act, the Right to Information Act, section 34 applies.

Notes—

1Under the Right to Information Act, section 34
(a)the applicant is given an opportunity to have the application dealt with under this Act and the application fee refunded; or
(b)the application may be continue to be dealt with as an application under the Right to Information Act.
2To facilitate this situation, the approved form for an access application under the Right to Information Act is the same as the approved form for an access application under this Act and agencies will make appropriate administrative arrangements.
3If the applicant asks for the application to be dealt with under this Act, the applicant is taken to have made the application under this Act on the date of the request—see the Right to Information Act, section 34(3)(a).

10Act binds State

This Act binds the State.

Part 2 Interpretation

11Definitions

The dictionary in schedule 5 defines particular words used in this Act.

12Meaning of personal information

Personal information is information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

13Meaning of document of an agency for ch 3

For chapter 3, document, of an agency, means anything that is a document of an agency under the Right to Information Act.

14Meaning of document of a Minister for ch 3

For chapter 3, document, of a Minister means anything that is a document of a Minister under the Right to Information Act.

15Meaning of document otherwise

For this Act, other than for chapter 3, a document does not include a document to which the privacy principles do not apply.

16Meaning of document to which the privacy principles do not apply

In this Act, a document to which the privacy principles do not apply means a document mentioned in schedule 1.

17Meaning of agency for ch 3

For chapter 3, agency means anything that is an agency under the Right to Information Act.

18Meaning of agency otherwise

(1)For this Act, other than for chapter 3, an agency means—
(a)a Minister; or
(b)a department; or
(c)a local government; or
(d)a public authority.
(2)However, for this Act other than for chapter 3, agency does not include an entity to which the privacy principles do not apply.
(3)For this Act—
(a)a board, council, committee, subcommittee or other body established by government to help, or to perform functions connected with, an agency is not a separate agency, but is taken to be comprised within the agency; and
(b)a reference to an agency includes a reference to a body that is taken to be comprised within the agency; and
(c)a reference to local government includes a reference to the Wide Bay Water Corporation.

19Meaning of entity to which the privacy principles do not apply

In this Act, an entity to which the privacy principles do not apply means—
(a)an entity mentioned in schedule 2, part 1; or
(b)an entity mentioned in schedule 2, part 2 in relation to the function mentioned in that part.

20Special provision about application of Act other than ch 3 to a Minister

(1)If a provision of this Act applies to a Minister, the provision applies only for acts done, or practices engaged in, as the case may be, in the Minister’s capacity as a Minister in relation to the affairs of an agency administered by the Minister.
(2)Subsection (1) does not apply to chapter 3, or to any other provision of this Act to the extent it applies for the purposes of chapter 3.

21Meaning of public authority

(1)In this Act, public authority means any of the following entities—

Note—

Under the Acts Interpretation Act 1954, schedule 1

entity includes a person and an unincorporated body.

(a)an entity—
(i)established for a public purpose by an Act; or
(ii)established by government under an Act for a public purpose, whether or not the public purpose is stated in the Act;
(b)an entity created by the Governor in Council or a Minister;
(c)another entity declared by regulation to be a public authority for this Act, being an entity—
(i)supported directly or indirectly by government funds or other assistance or over which government is in a position to exercise control; or
(ii)established under an Act; or
(iii)given public functions under an Act;
(d)subject to subsection (3), a person holding an office established under an Act;
(e)a person holding an appointment—
(i)made by the Governor in Council or Minister otherwise than under an Act; and
(ii)declared by regulation to be an appointment the holder of which is a public authority for this Act.
(2)A prescribed entity is not a public authority in relation to documents received, or created, by it in performing a function other than the public function given under an Act.
(3)A person is not a public authority merely because the person holds—
(a)an office the duties of which are performed as duties of employment as an agency’s officer; or
(b)an office of member of a body; or
(c)an office established under an Act for the purposes of an agency.
(4)In this section—
prescribed entity means an entity that is a public authority only because it is given public functions under an Act and is declared by regulation to be a public authority for this Act.

s 21 amd 2013 No. 39 s 110 (1) sch 3 pt 1

22Meaning of processing period and transfer period for ch 3

For chapter 3
processing period, for an access or amendment application to an agency or Minister—
1The processing period is a period of 25 business days from the day the application is received by the agency or Minister.
2However, the following periods do not count as part of the processing period—
(a)if the application is transferred to the agency or Minister—the transfer period;
(b)if the agency or Minister asks the applicant for a further specified period under section 55(1)—the period during which, under section 55(3), the agency or Minister may continue to consider the application;
(c)if the application involves consultation with a relevant third party under section 56—10 business days;
(d)if the applicant is given a notice under section 61(1)(a)—the prescribed consultation period under section 61.
transfer period, for an access or amendment application, means the lesser of the following periods—
(a)the period starting on the day the application is received by the agency or Minister who transfers the application and ending on the day the application is transferred;
(b)the period of 10 business days.

23What it means to disclose personal information and to use personal information

(1)This section applies for the application of the privacy principles.
(2)An entity (the first entity) discloses personal information to another entity (the second entity) if—
(a)the second entity does not know the personal information, and is not in a position to be able to find it out; and
(b)the first entity gives the second entity the personal information, or places it in a position to be able to find it out; and
(c)the first entity ceases to have control over the second entity in relation to who will know the personal information in the future.
(3)An entity uses personal information if it—
(a)manipulates, searches or otherwise deals with the information; or
(b)takes the information into account in the making of a decision; or
(c)transfers the information from a part of the entity having particular functions to a part of the entity having different functions.
(4)Subsection (3) does not limit what actions may be use of the personal information.
(5)However, use of the personal information does not include the action of disclosing the personal information to another entity.

24Meaning of control of a document

For the application of the privacy principles, an entity has a document under its control if the entity has the document in its possession or otherwise has the document under its control.

25References to IPPs and NPPs

(1)If a provision of this Act refers to an IPP by a number, the reference is a reference to the section of schedule 3 having that number.
(2)If a provision of this Act refers to an NPP by a number, the reference is a reference to the section of schedule 4 having that number.

Chapter 2 Privacy principles

Part 1 Compliance with IPPs by agencies

26Information Privacy Principles

The Information Privacy Principles are set out in schedule 3.

27Agencies to comply with IPPs

(1)An agency, other than health agencies, must comply with the IPPs.

Note—

Under section 18, an agency includes a Minister, a department, a local government or a public authority. However, section 20 provides that for the application of this Act, other than chapter 3, or this Act other than for the purposes of chapter 3, to a Minister, the Act applies only for acts done, or practices engaged in, as the case may be, in the Minister’s capacity as a Minister in relation to the affairs of an agency administered by the Minister.
(2)Without limiting subsection (1), the agency—
(a)must not do an act, or engage in a practice, that contravenes, or is otherwise inconsistent with a requirement of, an IPP; and
(b)must not fail to do an act, or fail to engage in a practice, if the failure contravenes, or is otherwise inconsistent with a requirement of, an IPP.
(3)An act or practice mentioned in subsection (2) includes any act or practice relating to the agency’s collection, storage, handling, accessing, amendment, management, transfer, use or disclosure of personal information.

s 27 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47)

28Noncompliance with particular IPPs

(1)An agency is not required to comply with a prescribed IPP in relation to an individual’s personal information if the information is related to or connected with personal information of the individual that has previously been published, or given for the purpose of publication, by the individual.
(2)In this section—
prescribed IPP means IPP 8, 9, 10 or 11.

Editor’s note—

IPP 8 (Checking of accuracy etc. of personal information before use by agency), 9 (Use of personal information only for relevant purpose), 10 (Limits on use of personal information) or 11 (Limits on disclosure)
publish, for personal information, means to publish it to the public by way of television, newspaper, radio, the internet or other form of communication.

29Special provision for law enforcement agencies

(1)A law enforcement agency is not subject to IPP 2, 3, 9, 10 or 11, but only if the law enforcement agency is satisfied on reasonable grounds that noncompliance with the IPP is necessary for—
(a)if the enforcement agency is the Queensland Police Service—the performance of its activities related to the enforcement of laws; or
(b)if the enforcement agency is the Crime and Corruption Commission—the performance of its activities related to the enforcement of laws and its intelligence functions; or
(c)if the enforcement agency is the community safety department—the containment, supervision and rehabilitation of offenders under the Corrective Services Act 2006 and the supervision of prisoners subject to supervision orders or interim supervision orders under the Dangerous Prisoners (Sexual Offenders) Act 2003; or
(d)if the enforcement agency is any other law enforcement agency—the performance of its responsibility mentioned in schedule 5, definition law enforcement agency, paragraph (b)(iv), including the conduct of proceedings started or about to be started in a court or tribunal in relation to the responsibility.
(2)In this section—
intelligence functions means the functions mentioned in the Crime and Corruption Act 2001, section 53.

s 29 amd 2011 No. 45 s 233; 2014 No. 21 s 94 (2) sch 2

Part 2 Compliance with NPPs

30National Privacy Principles

The National Privacy Principles are set out in schedule 4.

Editor’s note—

The principles set out in schedule 4 are called the National Privacy Principles in this Act because of their correspondence to the National Privacy Principles set out in the Privacy Act 1988 (Cwlth), schedule 3. The NPPs, rather than the IPPs, are applied to health agencies under this chapter because of particular arrangements applying nationally to health agencies, corresponding entities in other Australian jurisdictions and the private health sector.

s 30 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47)

31Health agencies to comply with NPPs

(1)Health agencies must comply with the NPPs.
(2)Without limiting subsection (1), health agencies—
(a)must not do an act, or engage in a practice, that contravenes, or is otherwise inconsistent with a requirement of, an NPP; and
(b)must not fail to do an act, or fail to engage in a practice, if the failure contravenes, or is otherwise inconsistent with a requirement of, an NPP.
(3)An act or practice mentioned in subsection (2) includes any act or practice relating to a health agency’s collection, storage, handling, accessing, amendment, management, transfer, use or disclosure of personal information.

s 31 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47)

32Noncompliance with particular NPPs

(1)Health agencies are not required to comply with a prescribed NPP in relation to an individual’s personal information if the information is related to or connected with personal information of the individual that has previously been published, or given for the purpose of publication, by the individual.
(2)In this section—
prescribed NPP means—
(a)NPP 2; or
(b)NPP 3, but only in relation to use or disclosure of personal information; or
(c)NPP 9(4).

Editor’s note—

NPP 2 (Limits on use or disclosure of personal information), 3 (Data quality) or 9 (Sensitive information)
publish, for personal information, means to publish it to the public by way of television, newspaper, radio, the internet or other form of communication.

s 32 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47)

Part 3 Transfer of personal information outside Australia

33Transfer of personal information outside Australia

An agency may transfer an individual’s personal information to an entity outside Australia only if—
(a)the individual agrees to the transfer; or
(b)the transfer is authorised or required under a law; or
(c)the agency is satisfied on reasonable grounds that the transfer is necessary to lessen or prevent a serious threat to the life, health, safety or welfare of an individual, or to public health, safety or welfare; or
(d)2 or more of the following apply—
(i)the agency reasonably believes that the recipient of the personal information is subject to a law, binding scheme or contract that effectively upholds principles for the fair handling of personal information that are substantially similar to the IPPs or, if the agency is a health agency, the NPPs;
(ii)the transfer is necessary for the performance of the agency’s functions in relation to the individual;
(iii)the transfer is for the benefit of the individual but it is not practicable to seek the agreement of the individual, and if it were practicable to seek the agreement of the individual, the individual would be likely to give the agreement;
(iv)the agency has taken reasonable steps to ensure that the personal information it transfers will not be held, used or disclosed by the recipient of the information in a way that is inconsistent with the IPPs or, if the agency is a health agency, the NPPs.

s 33 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47)

Part 4 Compliance with parts 1 to 3 by contracted service providers

34Meaning of service arrangement

(1)In this Act, a service arrangement is a contract or other arrangement entered into after the commencement of this section under which an entity other than an agency (the contracted service provider) agrees or otherwise arranges with an agency (the contracting agency) to provide services.
(2)For subsection (1)—
(a)the services must be for the purposes of the performance of 1 or more of the contracting agency’s functions; and
(b)the services must be provided either—
(i)directly to the contracting agency; or
(ii)to another entity on the contracting agency’s behalf; and
(c)the contracted service provider must not be in the capacity of employee of the contracting agency in providing the services.

35Binding a contracted service provider to privacy principles

(1)An agency entering into a service arrangement must take all reasonable steps to ensure that the contracted service provider is required to comply with part 1 or 2 and part 3, as if it were the agency, in relation to the discharge of its obligations under the arrangement.
(2)However, the agency must comply with subsection (1) only if—
(a)the contracted service provider will in any way deal with personal information for the contracting agency; or
(b)the provision of services under the arrangement will involve—
(i)the transfer of personal information to the contracting agency; or
(ii)the provision of services to a third party for the contracting agency.
(3)The agency is not required to comply with subsection (1) if—
(a)the contracted service provider is to receive funding from the contracting agency; and
(b)the contracted service provider will not collect personal information for the contracting agency; and
(c)the contracted service provider will not receive any personal information from the contracting agency for the purposes of discharging its obligations; and
(d)the contracted service provider will not be required to give the contracting agency any personal information it collects in discharging its obligations.
(4)Subsections (1) to (3) are not intended to limit what may be provided for in a service arrangement about the contracted service provider’s collection, storage, handling, accessing, amendment, management, transfer, use or disclosure of personal information, whether or not the contracted service provider is a bound contracted service provider.

36Bound contracted service provider to comply with privacy principles

(1)A bound contracted service provider under a service arrangement must comply with part 1 or 2 and part 3 in relation to the discharge of its obligations under the arrangement as if it were the entity that is the contracting agency.
(2)The requirement to comply under subsection (1) continues to apply to the bound contracted service provider in relation to personal information it continues to hold after its obligations under the service arrangement otherwise end.
(3)A bound contracted service provider’s compliance with part 1 or 2 and part 3 may be enforced under this Act as if it were an agency.
(4)Subsections (1) to (3) are not intended to prevent a service arrangement from including a requirement for the contracted service provider to comply with all or part of the privacy principles even though this part does not require that the service arrangement include the requirement.

37Contracting agency to comply with privacy principles if contracted service provider not bound

(1)This section applies if a contracted service provider under a service arrangement is not a bound contracted service provider because the contracting agency under the service arrangement did not take the steps required of it under section 35.
(2)The obligations that would attach to the contracted service provider if it were a bound contracted service provider attach instead to the contracting agency under the arrangement.

Part 5 Provision of information to Ministers

38Personal information relevant to portfolio responsibilities

An agency does not contravene the requirement under this Act that it comply with the IPPs or NPPs only because it gives personal information to a Minister to inform the Minister about matters relevant to the Minister’s responsibilities in relation to the agency.

Part 6 Miscellaneous

39Nature of rights created by pts 1 to 3

(1)Except as provided for under the procedures set out in this Act, an obligation imposed on an entity under part 1, 2 or 3 does not—
(a)give rise to any civil cause of action; or
(b)operate to create in any person any legal right enforceable in a court or tribunal.
(2)Subsection (1) does not limit chapter 5.

Chapter 3 Disclosure and amendment by application under this Act

Part 1 Right to access and amendment

40Right to be given access to particular documents

(1)Subject to this Act, an individual has a right to be given access under this Act to—
(a)documents of an agency to the extent they contain the individual’s personal information; and
(b)documents of a Minister to the extent they contain the individual’s personal information.

Notes—

1See part 2 for how to exercise this right to access.
2Exclusions of the right are provided for under the Right to Information Act, chapter 3, part 4 (which provides particular circumstances where an entity may refuse to deal with an application) and section 67 (which applies the Right to Information Act, section 47 which in turn provides grounds on which an entity may refuse access).
3A limitation on the right is provided for under section 88 (which provides that, in particular circumstances, an entity may delete irrelevant information from a document before giving access).
(2)Subsection (1) applies to documents even if they came into existence before the commencement of this Act.

Note—

Section 47 deems an access application to apply only to documents that are, or may be, in existence on the day the application is received.

41Right to amend personal information in particular documents

(1)Subject to this Act, an individual has a right under this Act to amend, if inaccurate, incomplete, out of date or misleading—
(a)documents of an agency to the extent they contain the individual’s personal information; and
(b)documents of a Minister to the extent they contain the individual’s personal information.

Notes—

1See part 2 for how to exercise this right to amend.
2Exclusions of the right are provided for under section 46 (which provides an amendment application may not be made to the information commissioner), part 4 (which provides particular circumstances where an entity may refuse to deal with an application) and section 72 (which provides grounds on which an entity may refuse amendment).
(2)Subsection (1) applies to documents even if they came into existence before the commencement of this Act.

42Other ways of accessing or amending personal information

Personal information may be accessed or amended other than by application under this chapter.

Examples—

1A document may be accessed under administrative arrangements made by an agency.
2A public service employee may access his or her employee record by application.
3A document may be commercially available.

s 42 amd 2022 No. 34 s 365 sch 3

Part 2 Access and amendment applications

43Making access application

(1)An individual who wishes to be given access to a document of an agency or a document of a Minister under this Act to the extent it contains the individual’s personal information may apply to the agency or Minister for access to the document.

Notes—

1Minister is defined to include an Assistant Minister—see schedule 5.
2Section 45 provides for access applications by parents for children and section 196 clarifies the powers of those acting for others.
3For an application made for a person, the person (and not the agent) is the applicant—see schedule 5, definition applicant.
(2)The access application must—
(a)be in the approved form; and
(b)give sufficient information concerning the document to enable a responsible officer of the agency or the Minister to identify the document; and
(c)state an address to which notices under this Act may be sent to the applicant.
(3)Also, the applicant must provide with the application or within 10 business days after making the application—
(a)evidence of identity for the applicant; and
(b)if an agent is acting for the applicant—evidence of the agent’s authorisation and evidence of identity for the agent.

Examples of an agent’s authorisation—

the will or court order appointing the agent to act as the applicant’s guardian
the client agreement authorising a legal practitioner to act for an applicant
if the application is made in reliance on section 45, evidence the agent is the child’s parent
(4)In this section—
evidence of identity means the evidence of identity prescribed under a regulation.

s 43 amd 2012 No. 6 s 27 sch amdts 2(1)(b), (2)

44Making amendment application

(1)An individual who has had access to a document of an agency or a document of a Minister, whether or not under this Act, may apply to the agency or Minister for amendment of any part of the individual’s personal information contained in the document that the individual claims is inaccurate, incomplete, out of date or misleading.

Notes—

1Minister is defined to include an Assistant Minister—see schedule 5.
2Section 45 provides for amendment applications by parents for children and section 196 clarifies the powers of those acting for others.
(2)For subsection (1), the reference to an individual who has had access to a document includes a reference to an individual whose agent has had access to the document.
(3)Without limiting how an agent may be authorised for this section in relation to an applicant who is deceased, an agent may include—
(a)an eligible family member of the deceased person; or
(b)a person the agency or Minister considers has an appropriate interest in the amendment of the personal information.
(4)The amendment application must—
(a)be in the approved form; and
(b)provide sufficient information concerning the document to enable a responsible officer of the agency or the Minister to identify the document; and
(c)state an address to which notices under this Act may be sent to the applicant; and
(d)state the information the applicant claims is inaccurate, incomplete, out of date or misleading; and
(e)state the way in which the applicant claims the information to be inaccurate, incomplete, out of date or misleading and the grounds for the applicant’s claim; and
(f)if the applicant claims the information to be inaccurate or misleading—state the amendments the applicant claims are necessary for the information to be accurate or not misleading; and
(g)if the applicant claims the information to be incomplete or out of date—state the other information the applicant claims is necessary to complete the information or to bring it up to date.
(5)Also, the applicant must provide with the application or within 10 business days after making the application—
(a)evidence of identity for the applicant; and
(b)if an agent is acting for the applicant—evidence of the agent’s authorisation and evidence of identity for the agent.

Examples of an agent’s authorisation—

the will or court order appointing the agent to act as the applicant’s guardian
the client agreement authorising a legal practitioner to act for an applicant
if the application is made in reliance on section 45, evidence the agent is the child’s parent
(6)In this section—
evidence of identity means the evidence of identity prescribed under a regulation.

s 44 amd 2012 No. 6 s 27 sch amdts 2(1)(b), (2)

45Making access or amendment applications for children

(1)Without limiting the ability of persons to make access or amendment applications for children, an access or amendment application may be made for the child by the child’s parent.

Note—

1Section 196 clarifies the powers of those acting for others.
2For an application made for a child, the child (and not the parent) is the applicant—see schedule 5, definition applicant.
(2)In this section—
child means an individual who is under 18 years.
parent
1Parent, of a child, means any of the following persons—
(a)the child’s mother;
(b)the child’s father;
(c)a person who exercises parental responsibility for the child, including a person who is granted guardianship of the child under the Child Protection Act 1999 or who otherwise exercises parental responsibility for the child under a decision or order of a federal court or a court of a State.
2However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.
3A parent of an Aborigin