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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 No. 5 - SECT 20

20 Meaning of informal care relationship

(1) An informal care relationship exists between 2 persons if 1 of them is or was dependent on the other person (the carer) for help in an activity of daily living.

Examples of help in an activity of daily living—
dressing or other personal grooming of a person
preparing a person's meals or helping a person with eating meals
shopping for a person's groceries
telephoning a specialist to make a medical appointment for a person

(2) An informal care relationship does not exist between a child and a parent of a child.

(3) An informal care relationship does not exist between 2 persons if 1 person helps the other person in an activity of daily living under a commercial arrangement.

Example for subsection (3)—
The relationship between a person and a nurse who visits the person each day to help with bathing and physiotherapy is not an informal care relationship because the nurse visits the person under a commercial arrangement made between the person and the nurse's employer.

(4) For subsection (3)—

(a) a commercial arrangement may exist even if a person does not pay a fee for the help provided under the arrangement; and
Example for paragraph (a)—
The provision of help by a voluntary organisation for which a person does not pay a fee may still be under a commercial arrangement.
(b) an arrangement is not a commercial arrangement because 1 person receives a pension or allowance, or reimbursement for the purchase price of goods, for the help provided under the arrangement; and
(c) an arrangement is not a commercial arrangement if 1 person pays a fee for the help provided under the arrangement because of domestic violence committed by the other person.


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