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 individuals 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 individuals 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 individuals stepchild except that the individual is not legally married to the individuals de facto partner.
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