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STATUTES AMENDMENT (DOMESTIC VIOLENCE) ACT 2018 (NO 38 OF 2018) - SECT 5

5—Amendment of section 5AA—Aggravated offences

        (1)         Section 5AA(1)(g)—delete paragraph (g) and substitute:

            (g)         the offender committed the offence knowing that the victim of the offence was a person with whom the offender was, or was formerly, in a relationship;

        (2)         Section 5AA—after subsection (4) insert:

        (4a)         Two people will be taken to be "in a relationship" for the purposes of subsection (1)(g) if—

            (a)         they are married to each other; or

            (b)         they are domestic partners; or

            (c)         they are in some other form of intimate personal relationship in which their lives are interrelated and the actions of 1 affects the other; or

            (d)         1 is the child, stepchild or grandchild, or is under the guardianship, of the other (regardless of age); or

            (e)         1 is a child, stepchild or grandchild, or is under the guardianship, of a person who is or was formerly in a relationship with the other under paragraph (a)

, (b)

or (c)

(regardless of age); or

            (f)         1 is a child and the other is a person who acts in loco parentis in relation to the child; or

            (g)         1 is a child who normally or regularly resides or stays with the other; or

            (h)         they are brothers or sisters or brother and sister; or

                  (i)         they are otherwise related to each other by or through blood, marriage, a domestic partnership or adoption; or

            (j)         they are related according to Aboriginal or Torres Strait Islander kinship rules or are both members of some other culturally recognised family group; or

            (k)         1 is the carer (within the meaning of the Carers Recognition Act 2005

) of the other.



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