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Domestic and Family Violence Protection Act 2012
sec.19Meaning of family relationship and relative
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### sec.19 Meaning of family relationship and relative
A family relationship exists between 2 persons if 1 of them is or was the relative of the other.
A relative of a person is someone who is ordinarily understood to be or to have been connected to the person by blood or marriage.
an individual’s spouse, child (including a child 18 years or more), stepchild, parent, step-parent, sibling, grandparent, aunt, nephew, cousin, half-brother, mother-in-law or aunt-in-law
the person who would be the individual’s mother-in-law if the individual was still in a spousal relationship with the person’s son or daughter
the person who would be the step-parent of the individual if the spousal relationship between the person and the person’s former spouse, the individual’s parent, had not ended
the individual’s step-siblings when the parent they do not have in common has died
For deciding if someone is connected by marriage, any 2 persons who are or were spouses of each other are considered to be or to have been married to each other.
A relative of a person (the first person ) is also either of the following persons if it is or was reasonable to regard the person as a relative especially considering that for some people the concept of a relative may be wider than is ordinarily understood—
a person whom the first person regards or regarded as a relative;
a person who regards or regarded himself or herself as a relative of the first person.
Aboriginal people
Torres Strait Islanders
members of certain communities with non-English speaking backgrounds
people with particular religious beliefs
In deciding if a person is a relative of someone else—
a subsection of this section must not be used to limit another subsection of this section; and
each subsection is to have effect even though, as a result, a person may be considered to be a relative who would not ordinarily be understood to be a relative.
(sec.19-ssec.1) A family relationship exists between 2 persons if 1 of them is or was the relative of the other.
(sec.19-ssec.2) A relative of a person is someone who is ordinarily understood to be or to have been connected to the person by blood or marriage. an individual’s spouse, child (including a child 18 years or more), stepchild, parent, step-parent, sibling, grandparent, aunt, nephew, cousin, half-brother, mother-in-law or aunt-in-law the person who would be the individual’s mother-in-law if the individual was still in a spousal relationship with the person’s son or daughter the person who would be the step-parent of the individual if the spousal relationship between the person and the person’s former spouse, the individual’s parent, had not ended the individual’s step-siblings when the parent they do not have in common has died
(sec.19-ssec.3) For deciding if someone is connected by marriage, any 2 persons who are or were spouses of each other are considered to be or to have been married to each other.
(sec.19-ssec.4) A relative of a person (the first person ) is also either of the following persons if it is or was reasonable to regard the person as a relative especially considering that for some people the concept of a relative may be wider than is ordinarily understood— a person whom the first person regards or regarded as a relative; a person who regards or regarded himself or herself as a relative of the first person. Aboriginal people Torres Strait Islanders members of certain communities with non-English speaking backgrounds people with particular religious beliefs
(sec.19-ssec.5) In deciding if a person is a relative of someone else— a subsection of this section must not be used to limit another subsection of this section; and each subsection is to have effect even though, as a result, a person may be considered to be a relative who would not ordinarily be understood to be a relative.
- • the person who would be the individual’s mother-in-law if the individual was still in a spousal relationship with the person’s son or daughter
- • the person who would be the step-parent of the individual if the spousal relationship between the person and the person’s former spouse, the individual’s parent, had not ended
- • the individual’s step-siblings when the parent they do not have in common has died
- (a) a person whom the first person regards or regarded as a relative;
- (b) a person who regards or regarded himself or herself as a relative of the first person.
- • Aboriginal people
- • Torres Strait Islanders
- • members of certain communities with non-English speaking backgrounds
- • people with particular religious beliefs
- (a) a subsection of this section must not be used to limit another subsection of this section; and
- (b) each subsection is to have effect even though, as a result, a person may be considered to be a relative who would not ordinarily be understood to be a relative.