PRIVACY ACT 1988 - SECT 6AA Meaning of responsible person

PRIVACY ACT 1988 - SECT 6AA

  (1)   A responsible person for an individual is:

  (a)   a parent of the individual; or

  (b)   a child or sibling of the individual if the child or sibling is at least 18 years old; or

  (c)   a spouse or   de   facto   partner of the individual; or

  (d)   a relative of the individual if the relative is:

  (i)   at least 18 years old; and

  (ii)   a member of the individual's household; or

  (e)   a guardian of the individual; or

  (f)   a person exercising an enduring power of attorney granted by the individual that is exercisable in relation to decisions about the individual's health; or

  (g)   a person who has an intimate personal relationship with the individual; or

  (h)   a person nominated by the individual to be contacted in case of emergency.

  (2)   In this section:

"child" : without limiting who is a child of an individual for the purposes of subsection   (1), each of the following is a child of an individual:

  (a)   an adopted child, stepchild, exnuptial child or foster child of the individual;

  (b)   someone who is a child of the individual within the meaning of the Family Law Act 1975 .

"parent" : without limiting who is a parent of an individual for the purposes of subsection   (1), someone is a parent of an individual if the individual is his or her child because of the definition of child in this subsection.

"relative" of an individual (the first individual ) means a grandparent, grandchild, uncle, aunt, nephew or niece of the first individual and for this purpose, relationships to the first individual may also be traced to or through another individual who is:

  (a)   a   de   facto   partner of the first individual; or

  (b)   the child of the first individual because of the definition of child in this subsection.

"sibling" of an individual includes:

  (a)   a half - brother, half - sister, adoptive brother, adoptive sister, step - brother, step - sister, foster - brother and foster - sister of the individual; and

  (b)   another individual if a relationship referred to in paragraph   (a) can be traced through a parent of either or both of the individuals.

"stepchild" : without limiting who is a stepchild of an individual, someone is a stepchild of an individual if he or she would be the individual's stepchild except that the individual is not legally married to the individual's   de   facto   partner.