ANTI-DISCRIMINATION ACT 1977 - SECT 49S Meaning of "responsibilities as a carer"

ANTI-DISCRIMINATION ACT 1977 - SECT 49S

49S Meaning of "responsibilities as a carer"

(1) A reference in this Part to a person's
"responsibilities as a carer" is a reference to the person's responsibilities to care for or support--

(a) any child or step-child of the person (whether or not under the age of 18 years) who is--

(i) wholly or substantially dependent on the person, or

(ii) in need of care or support, or

(b) any child or adult who is in need of care or support and--

(i) of whom the person is guardian, or

(ii) for whom the person has parental responsibility under a law of the Commonwealth or this State, or

(iii) in relation to whom the person is an authorised carer within the meaning of the Children and Young Persons (Care and Protection) Act 1998 , or

(c) any immediate family member of the person who is in need of care or support, being one of the following--

(i) a spouse or former spouse of the person or of a spouse or former spouse of the person,

(ii) a grandchild or step-grandchild of the person or of a spouse or former spouse of the person,

(iii) a parent or step-parent of the person or of a spouse or former spouse of the person,

(iv) a grandparent or step-grandparent of the person or of a spouse or former spouse of the person,

(v) a brother or sister, or step-brother or sister, of the person or of a spouse or former spouse of the person.

(2) A reference in this Part to a person's responsibilities is a reference to responsibilities--

(a) that the person has, or

(b) that the person is thought to have (whether or not the person in fact has the responsibilities), or

(c) that the person had in the past, or is thought to have had in the past (whether or not the person in fact had the responsibilities), or

(d) that the person will have in the future, or that it is thought a person will have in the future (whether or not the person in fact will have the responsibilities).

(3) In this section--


"spouse" of a person means--

(a) a person to whom the person is legally married (including a husband or wife of the person), or

(b) the de facto partner of a person.

Note : "De facto partner" is defined in section 21C of the Interpretation Act 1987 .

"step-child" or
"step-grandchild" of a person means--

(a) a child or grandchild of the spouse or former spouse of the person, or

(b) a step-child or step-grandchild of the spouse or former spouse of the person (being a child or grandchild of the spouse's former spouse).

(4) A reference in this section to a child, step-child, grandchild, step-grandchild, parent, step-parent, grandparent, step-grandparent, brother, sister, step-brother or step-sister of a person or of a spouse or former spouse of a person--

(a) includes a reference to persons whose relationship arises because of adoption, guardianship or fostering or because of the allocation of parental responsibility under a law of the Commonwealth or this State, and

(b) includes a reference to persons whose relationship arises because of the birth of a child whose parents are not married to each other and are not parties to a de facto relationship with each other, and

(c) in relation a reference to a brother or sister, includes a reference to a half-brother or half-sister.