Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 5E

Relatives (other than parents)

             (1)  A person is a relative (other than a parent) of a child if:

                     (a)  the person is not the child's parent or step‑parent; and

                     (b)  any of the following apply to the person:

                              (i)  the person is related to the child by blood, adoption or marriage;

                             (ii)  if the child is an Aboriginal or Torres Strait Islander child who has traditional Aboriginal or Torres Strait Islander kinship ties--the person is related to the child under Aboriginal or Torres Strait Islander kinship rules;

                            (iii)  if the child is a member of a community that accepts relationships other than those referred to in subparagraphs (i) and (ii) as kinship ties--the person is accepted by the community to be related to the child.

             (2)  For the purposes of subparagraph (1)(b)(i), if one person is a relationship child, or a step‑child, of another person, relationships traced to or through the person are to be determined on the basis that the person is related by blood to the other person.



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