Page 3550 - Week 09 - Thursday, 21 August 2008

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

(b) a relative of the accused person; or

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

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

(2) For this section, a relative of an accused person—

(a) means the accused 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 accused 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 accused person had been legally married to the domestic partner; and

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

(i) someone who has been a relative mentioned in paragraph (a) or (b) of the accused person; and

(ii) anyone else who could reasonably be considered to be a relative of the accused person.

Examples—par (c) (ii)

1 if the accused person is an Aboriginal or Torres Strait Islander, the following people:

(a) a person the accused person has responsibility for, or an interest in, in accordance with the traditions and customs of the accused person’s Aboriginal or Torres Strait Islander community;

(b) a person who has responsibility for, or an interest in, the accused person in accordance with the traditions and customs of the accused person’s Aboriginal or Torres Strait Islander community

2 a person regarded and treated by the accused 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).

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