New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 5

5 Meaning of "domestic relationship"

(1) For the purposes of this Act, a person has a
"domestic relationship" with another person if the person--

(a) is or has been married to the other person, or

(b) is or has been a de facto partner of that other person, or

(c) has or has had an intimate personal relationship with the other person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature, or

(d) is living or has lived in the same household as the other person, or

(e) is living or has lived as a long-term resident in the same residential facility as the other person and at the same time as the other person (not being a facility that is a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999 or a detention centre within the meaning of the Children (Detention Centres) Act 1987 ), or

(f) has or has had a relationship involving his or her dependence on the ongoing paid or unpaid care of the other person (subject to section 5A), or

(g) is or has been a relative of the other person, or

(h) in the case of an Aboriginal person or a Torres Strait Islander, is or has been part of the extended family or kin of the other person according to the Indigenous kinship system of the person's culture.

Note--: "De facto partner" is defined in section 21C of the Interpretation Act 1987 .

(2) Two persons also have a
"domestic relationship" with each other for the purposes of this Act if they have both had a domestic relationship of a kind set out in subsection (1)(a), (b) or (c) with the same person.

Note--: A woman's ex-partner and current partner would therefore have a domestic relationship with each other for the purposes of this Act even if they had never met.