Queensland Consolidated Acts

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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 1989 - SECT 12B

12B Meaning of family relationship and relative

(1) A family relationship exists between 2 persons if 1 of them is the relative of the other.

(2) A relative, of a person, is someone who is ordinarily understood to be or to have been connected to the person by blood or marriage.

Example of subsection (2)--
A person's spouse, child (including an individual 18 years or over), stepchild, parent, step-parent, sibling, grandparent, aunt, nephew, cousin, half-brother, mother-in-law or aunt-in-law is the person's relative.

(3) For deciding if someone is related by marriage, any 2 persons who are or were spouses of each other are considered to be or to have been married to each other.

(4) A relative of a person (the relevant person) is also either of the following persons if it is or was reasonable to regard the person as a relative especially considering that for some people the concept of a relative may be wider than is ordinarily understood--

(a) a person whom the relevant person regards or regarded as a relative;
(b) a person who regards or regarded himself or herself as a relative of the relevant person.
Examples of people who may have a wider concept of a relative--
1 Aboriginal people
2 Torres Strait Islanders
3 members of certain communities with non-English speaking backgrounds
4 people with particular religious beliefs

(5) In deciding if a person is a relative of someone else--

(a) a subsection of this section must not be used to limit another subsection of this section; and
(b) each subsection is to have effect even though, as a result, a person may be considered to be a relative who would not ordinarily be understood to be a relative.


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