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EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 38BA

Meaning of relative—div 4.2

For this division, 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, or have been, 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).



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