Criminal Code Act 1899

Each of the following is a member of a person’s family—

a spouse of the person;

a child of the person;

a parent, grandparent, grandchild or sibling of the person, including—

if the person is an Aboriginal person, a person—

who is recognised under Aboriginal tradition as a member of the Aboriginal person’s family; andNote—‘Aboriginal tradition’ is defined under the Acts Interpretation Act 1954. See schedule 1 of that Act.

with whom the Aboriginal person has a relationship like that between an individual and a parent, grandparent, grandchild or sibling of the individual; or

if the person is a Torres Strait Islander, a person—

who is recognised under Island custom as a member of the Torres Strait Islander’s family; andNote—‘Island custom’ is defined under the Acts Interpretation Act 1954. See schedule 1 of that Act.

with whom the Torres Strait Islander has a relationship like that between an individual and a parent, grandparent, grandchild or sibling of the individual.

For subsection (1)(b)—

a biological, adopted, step or foster child of a person is a child of the person; and

an individual who is under 18 years and ordinarily a member of a person’s household is also a child of the person; and

if a person is an Aboriginal person, an individual who is recognised under Aboriginal tradition as a child of the person is also a child of the person; and

if a person is a Torres Strait Islander, an individual who is recognised under Island custom as a child of the person is also a child of the person.

sch 1 pt 3 ch 16 s 119A ins 2002 No. 23 s 9