DOMESTIC VIOLENCE AND PROTECTION ORDERS AMENDMENT ACT 2005 (NO. 13 OF 2005) - SECT 9 New section 10A

DOMESTIC VIOLENCE AND PROTECTION ORDERS AMENDMENT ACT 2005 (NO. 13 OF 2005) - SECT 9

in part 2, insert

10A     Who is a relative ?

For this Act, a relative of a person (the original person )—

        (a)     means the original 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 original person has or had a domestic partner (other than a spouse)—includes someone who would have been a relative of a kind mentioned in paragraph (a) if the original person had been legally married to the domestic partner; and

Note     For the meaning of domestic partner , see Legislation Act, s 169.

        (c)     includes—

              (i)     someone who has been a relative of a kind mentioned in paragraph (a) or (b) of the original person; and

              (ii)     anyone else who could reasonably be considered to be a relative of the original person.

Examples for par (c) (ii)

1     if the original person is an Aboriginal or Torres Strait Islander, the following people:

(a)     a person the original person has responsibility for, or an interest in, in accordance with the traditions and customs of the original person's Aboriginal or Torres Strait Islander community;

(b)     a person who has responsibility for, or an interest in, the original person in accordance with the traditions and customs of the original person's Aboriginal or Torres Strait Islander community

2     a person regarded and treated by the original person as a relative, for example, as an uncle or aunt

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).