Privacy Amendment (Enhancing Privacy Protection) Act 2012 (197 of 2012)

Schedule 1   Australian Privacy Principles

Privacy Act 1988

52   After section 6

Insert:

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.