Document ID: chunk:federal_register_of_legislation:C2024C00859:section:4:p17
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 4 (pt 17/18)
Character Range: 70099–72605

persons; or
 (h) the first person ordinarily or regularly resides or resided with the second person, or with another member of the family of the second person; or
 (i) the first person is or has been a member of the family of a child of the second person.
 (1AC) For the purposes of paragraph (1AB)(e), a relative of a person is:
 (a) a father, mother, grandfather, grandmother, step‑father or step‑mother of the person; or
 (b) a son, daughter, grandson, grand‑daughter, step‑son or step‑daughter of the person; or
 (c) a brother, sister, half‑brother, half‑sister, step‑brother or step‑sister of the person; or
 (d) an uncle or aunt of the person; or
 (e) a nephew or niece of the person; or
 (f) a cousin of the person; or
 (g) if the person is or was married—in addition to paragraphs (a) to (f), a person who is or was a relative, of the kind described in any of those paragraphs, of the person's spouse; or
 (h) if the person is or was in a de facto relationship with another person—in addition to paragraphs (a) to (f), a person who would be a relative of a kind described in any of those paragraphs if the persons in that de facto relationship were or had been married to each other.
 (1AD) For the purposes of paragraph (1AB)(ea), if a person is related to an Aboriginal or Torres Strait Islander child in accordance with the child's Aboriginal or Torres Strait Islander culture (including but not limited to any kinship systems of that culture), the person is a relative of the child.
Note: This subsection adds to the persons who are relatives of a person within the meaning of subsection (1AC). The difference is that the addition in this subsection does not apply for the purposes of sections 60CF, 60CH or 60CI, which relate to informing courts of certain matters (see paragraph (1AB)(ea)).
 (1A) In this Act and the applicable Rules of Court, a reference to a Family Court of a State is a reference to a court to which section 41 applies.
 (2) A reference in this Act or the applicable Rules of Court to a party to a marriage includes a reference to a person who was a party to a marriage that has been:
 (a) terminated by divorce (in Australia or elsewhere); or
 (b) annulled (in Australia or elsewhere); or
 (c) terminated by the death of one party to the marriage.
 (2A) A reference in this Act or the applicable Rules of Court to a party to a de facto relationship includes a reference to a person who was a party to a de facto relationship that has broken down.
 (3) To avoid doubt, for