90Definitions

90 Definitions

In this Part unless inconsistent with the context or subject–matter—

S. 90 def. of Court amended by Nos 16/1986
s. 17(a), 110/1986
s. 140(2), 19/1989
s. 16(Sch.
item 2), substituted by No. 80/2014 s. 3(1).

Court means the Supreme Court or the County Court;

S. 90 def. of disability inserted by No. 80/2014 s. 3(2).

disability means a disability—

(a) that is attributable to one or more intellectual, cognitive, neurological, sensory or physical impairments or to one or more impairments attributable to a psychiatric condition; and

(b) the impairment or impairments are, or are likely to be, permanent; and

(c) the impairment or impairments result in substantially reduced functional capacity to undertake, or psychosocial functioning in undertaking, one or more of the following activities—

(i) communication;

(ii) social interaction;

(iii) learning;

(iv) mobility;

(v) self-care;

(vi) self-management; and

(d) the impairment or impairments affect the person's capacity for social or economic participation;

S. 90 def. of eligible person inserted by No. 80/2014 s. 3(2).

eligible person means—

(a) a person who was the spouse or domestic partner of the deceased at the time of the deceased's death;

(b) a child of the deceased, including a child adopted by the deceased who, at the time of the deceased's death, was—

(iii) a child with a disability;

(c) a stepchild of the deceased who, at the time of the deceased's death, was—

(iii) a stepchild with a disability;

(d) a person who, for a substantial period during the life of the deceased, believed that the deceased was a parent of the person and was treated by the deceased as a natural child of the deceased who, at the time of the deceased's death, was—

(iii) a child with a disability;

(e) a former spouse or former domestic partner of the deceased if the person, at the time of the deceased's death—

(i) would have been able to take proceedings under the Family Law Act 1975 of the Commonwealth; and

(ii) has either—

(A) not taken those proceedings; or

(B) commenced but not finalised those proceedings; and