Commonwealth Consolidated Acts

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PRIVACY ACT 1988 - SECT 6AA

Meaning of responsible person

             (1)  A responsible person for an individual is:

                     (a)  a parent of the individual; or

                     (b)  a child or sibling of the individual if the child or sibling is at least 18 years old; or

                     (c)  a spouse or de facto partner of the individual; or

                     (d)  a relative of the individual if the relative is:

                              (i)  at least 18 years old; and

                             (ii)  a member of the individual's household; or

                     (e)  a guardian of the individual; or

                      (f)  a person exercising an enduring power of attorney granted by the individual that is exercisable in relation to decisions about the individual's health; or

                     (g)  a person who has an intimate personal relationship with the individual; or

                     (h)  a person nominated by the individual to be contacted in case of emergency.

             (2)  In this section:

"child" : without limiting who is a child of an individual for the purposes of subsection (1), each of the following is a child of an individual:

                     (a)  an adopted child, stepchild, exnuptial child or foster child of the individual;

                     (b)  someone who is a child of the individual within the meaning of the Family Law Act 1975 .

"parent" : without limiting who is a parent of an individual for the purposes of subsection (1), someone is a parent of an individual if the individual is his or her child because of the definition of child in this subsection.

"relative of an individual (the first individual" ) means a grandparent, grandchild, uncle, aunt, nephew or niece of the first individual and for this purpose, relationships to the first individual may also be traced to or through another individual who is:

                     (a)  a de facto partner of the first individual; or

                     (b)  the child of the first individual because of the definition of child in this subsection.

"sibling" of an individual includes:

                     (a)  a half-brother, half-sister, adoptive brother, adoptive sister, step-brother, step-sister, foster-brother and foster-sister of the individual; and

                     (b)  another individual if a relationship referred to in paragraph (a) can be traced through a parent of either or both of the individuals.

"stepchild" : without limiting who is a stepchild of an individual, someone is a stepchild of an individual if he or she would be the individual's stepchild except that the individual is not legally married to the individual's de facto partner.



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