Family Violence Act 2016
11Meaning of relative
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11 Meaning of relative (1) In section 9: relative, of a person— (a) means the person’s— (i) father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or (ii) son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or (iii) brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or
(iv) uncle, aunt, uncle-in-law or aunt-in-law; or (v) nephew, niece or cousin; and (b) if the person has or had a domestic partner (other than a spouse or civil union partner)—includes someone who would have been a relative mentioned in paragraph (a) if the person had been married to or in a civil union with the domestic partner; and Note For ACT law, a person acquires relatives through civil union in the same way as they acquire them through marriage (see Civil Unions Act 2012, s 6 (2)). (c) includes— (i) someone who has been a relative mentioned in paragraph (a) or (b) of the person; and (ii) if the person is an Aboriginal or Torres Strait Islander person, the following people: (A) someone the person has responsibility for, or an interest in, in accordance with the traditions and customs of the person’s Aboriginal or Torres Strait Islander community; (B) someone who has responsibility for, or an interest in, the person in accordance with the traditions and customs of the person’s Aboriginal or Torres Strait Islander community; and (iii) someone regarded and treated by the person as a relative; and (iv) someone with whom the person has a family-like relationship; and (v) anyone else who could reasonably be considered to be, or have been, a relative of the person.
(2) For subsection (1) (c) (iv), factors that indicate whether there is a family-like relationship between 2 people include, but are not limited to, the following: (a) the extent to which each is personally dependent on the other; (b) the extent to which each is financially dependent on the other (including any arrangements for financial support); (c) the length of the relationship; (d) the frequency of contact between each other; (e) the extent to which each is involved in, or knows about, the other’s personal life; (f) if the people live together or relate together in a home environment; (g) if the relationship is regarded as being family-like by the community in which each live. a relationship between a person with disability and the person’s carer that has developed into a relationship that is like that between family members Aboriginal or Torres Strait Islander person means a person who— (a) is a descendant of an Aboriginal person or a Torres Strait Islander person; and (b) identifies as an Aboriginal person or a Torres Strait Islander (c) is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.
Other important matters Division 2.3 Division 2.3 Other important matters