49SMeaning of “responsibilities as a carer”

#### 49S Meaning of “responsibilities as a carer” 49S Meaning of “responsibilities as a carer” > > (1) A reference in this Part to a person’s responsibilities as a carer is a reference to the person’s responsibilities to care for or support— > > > > > (a) any child or step-child of the person (whether or not under the age of 18 years) who is— > > > > > > > (i) wholly or substantially dependent on the person, or > > > > > > > (ii) in need of care or support, or > > > > > (b) any child or adult who is in need of care or support and— > > > > > > > (i) of whom the person is guardian, or > > > > > > > (ii) for whom the person has parental responsibility under a law of the Commonwealth or this State, or > > > > > > > (iii) in relation to whom the person is an authorised carer within the meaning of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157), or > > > > > (c) any immediate family member of the person who is in need of care or support, being one of the following— > > > > > > > (i) a spouse or former spouse of the person or of a spouse or former spouse of the person, > > > > > > > (ii) a grandchild or step-grandchild of the person or of a spouse or former spouse of the person, > > > > > > > (iii) a parent or step-parent of the person or of a spouse or former spouse of the person, > > > > > > > (iv) a grandparent or step-grandparent of the person or of a spouse or former spouse of the person, > > > > > > > (v) a brother or sister, or step-brother or sister, of the person or of a spouse or former spouse of the person. > > > (2) A reference in this Part to a person’s responsibilities is a reference to responsibilities— > > > > > (a) that the person has, or > > > > > (b) that the person is thought to have (whether or not the person in fact has the responsibilities), or > > > > > (c) that the person had in the past, or is thought to have had in the past (whether or not the person in fact had the responsibilities), or > > > > > (d) that the person will have in the future, or that it is thought a person will have in the future (whether or not the person in fact will have the responsibilities). > > > (3) In this section— > > > > spouse of a person means— > > > > > (a) a person to whom the person is legally married (including a husband or wife of the person), or > > > > > (b) the de facto partner of a person. > > > > Note. > > > > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). > > > > step-child or step-grandchild of a person means— > > > > > (a) a child or grandchild of the spouse or former spouse of the person, or > > > > > (b) a step-child or step-grandchild of the spouse or former spouse of the person (being a child or grandchild of the spouse’s former spouse). > > > (4) A reference in this section to a child, step-child, grandchild, step-grandchild, parent, step-parent, grandparent, step-grandparent, brother, sister, step-brother or step-sister of a person or of a spouse or former spouse of a person— > > > > > (a) includes a reference to persons whose relationship arises because of adoption, guardianship or fostering or because of the allocation of parental responsibility under a law of the Commonwealth or this State, and > > > > > (b) includes a reference to persons whose relationship arises because of the birth of a child whose parents are not married to each other and are not parties to a de facto relationship with each other, and > > > > > (c) in relation a reference to a brother or sister, includes a reference to a half-brother or half-sister. > > **s 49S:** Ins 1982 No 142, Sch 1 (4). Rep 1994 No 28, Sch 3 (2). Ins 2000 No 24, Sch 1 \[1\]. Am 2008 No 23, Sch 1 \[7\]; 2010 No 19, Sch 3.4 \[2\] \[3\]; 2018 No 28, Sch 1.3.