New South Wales Consolidated Acts

GUARDIANSHIP ACT 1987 - SECT 3E

3E Meaning of "close friend or relative"

(1) A person is a
"close friend or relative" of another person for the purposes of this Act if the person maintains both a close personal relationship with the other person through frequent personal contact and a personal interest in the other person's welfare. However, a person is not to be regarded as a close friend or relative if the person is receiving remuneration (whether from the other person or some other source) for, or has a financial interest in, any services that he or she performs for the other person in relation to the person's care.

(2) The Division Head of the Guardianship Division of the Tribunal may issue guidelines, not inconsistent with subsection (1), specifying the circumstances in which a person is to be regarded as a close friend or relative of another person.

(3) In this section,
"remuneration" does not include a carer's pension.