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DOMESTIC VIOLENCE AND PROTECTION ORDERS ACT 2008 (NO. 46 OF 2008) - SECT 15

Who is a relevant person etc?

    (1)     For this Act, "relevant person", in relation to a person (the "original person"), means—

        (a)     a domestic partner of the original person; or

Note     A domestic partner need not be an adult (see Legislation Act, s 169).

        (b)     a relative of the original person; or

        (c)     a child of a domestic partner of the original person; or

        (d)     a parent of a child of the original person; or

        (e)     someone who is in a domestic relationship with the original person.

    (2)     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 mentioned in paragraph (a) if the original person had been legally married to the domestic partner; and

Note     Domestic partner— see the Legislation Act, s 169.

        (c)     includes—

              (i)     someone who has been a relative 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—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).

    (3)     In this section:

"domestic relationship"—see the Domestic Relationships Act 1994 , section 3.



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