New South Wales Consolidated Acts

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CORONERS ACT 2009 - SECT 5

Meaning of "relative"

5 Meaning of "relative"

(cf Coroners Act 1980 , s 4(1) and (5))

(1) For the purposes of this Act, a
"relative" , in relation to a person who has or is suspected to have died, is an adult who is--
(a) the spouse of that person, a parent of that person, a person who stands in loco parentis to that person, a guardian of that person or a child of that person, or
(b) if there is no relative, as defined in paragraph (a), of that person--a brother or sister of that person.
(2) A reference in subsection (1)(a) to the child of a person includes, if the person was in a de facto relationship, or a domestic relationship within the meaning of the Property (Relationships) Act 1984 , a reference to the following--
(a) a child born as a result of sexual relations between the parties to the relationship,
(b) a child adopted by both parties,
(c) in the case of a de facto relationship between a man and a woman, a child of the woman of whom the man is the father or of whom the man is presumed, by virtue of the Status of Children Act 1996 , to be the father (except where the presumption is rebutted),
(d) in the case of a de facto relationship between 2 women, a child of whom both of those women are presumed to be parents by virtue of the Status of Children Act 1996 ,
(e) a child for whose long-term welfare both parties have parental responsibility (within the meaning of the Children and Young Persons (Care and Protection) Act 1998 ).
Note : "De facto relationship" is defined in section 21C of the Interpretation Act 1987 .
(3) A reference in subsection (1)(a) to a parent includes a reference to a party to a relationship referred to in subsection (2) of which the deceased, or suspected deceased, was by virtue of subsection (2) a child.



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