5ASpecial provisions—carers and their dependants

5A Special provisions—carers and their dependants

5A Special provisions—carers and their dependants

(1) A person (a dependant) who has or has had a relationship with another person involving the person’s dependence on the ongoing paid care of the other person (a paid carer) is treated as having a domestic relationship with the paid carer only for the purposes of the protection of the dependant.

(2) Accordingly—

(a) a paid carer and a dependant are to be treated as having a domestic relationship for the purposes of any offence committed by a paid carer against a dependant, but not for the purposes of an offence committed by a dependant against a paid carer, and

(b) an apprehended domestic violence order may be made against a paid carer for the protection of a dependant (or for the protection of two or more persons at least one of whom is a dependant), but not against a dependant for the protection of a paid carer.

(3) This section does not limit or otherwise affect the application of this Act to a relationship between a dependant and an unpaid carer, or to a relationship between a dependant and a carer that, disregarding section (5)(1)(f), would be a domestic relationship under section 5.

Note.

For example, if a dependant and a paid carer are relatives, they will be treated as having a domestic relationship under section 5(1)(g) and an apprehended domestic violence order could be made against the dependant for the protection of the paid carer.

(4) To avoid doubt, an apprehended personal violence order may be made against a dependant for the protection of a paid carer if the paid carer and dependant do not have a domestic relationship.

s 5A: Ins 2018 No 87, Sch 1.11 [2].