Apply the expanded family definitions for an Aboriginal or Torres Strait Islander child
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the facts the lawyer identifies, list each person whose relationship to the child is in issue, and the provision the document is applying: step-parent, family violence, the culture factor, or the information obligations. Do not decide that a person is a relative, and do not describe a kinship system.
- What the lawyer must review
- The lawyer applies the definitions. The Attorney-General's factsheet says subsection 4(1AD) provides that a person is a relative of an Aboriginal or Torres Strait Islander child if, in accordance with that child's culture, including but not limited to any kinship systems of that culture, they are related to the child. That definition feeds the definition of member of the family in subsection 4(1AB), and through it the definition of step-parent in subsection 4(1), the definition of family violence in section 4AB, and the culture factor in paragraph 60CC(3)(a). The expanded definition of member of the family does not apply to the information obligations in sections 60CF, 60CH and 60CI. For those sections the definition excluding the expanded component continues, including for an Aboriginal or Torres Strait Islander party. The definition of relative of a child in subsection 4(1) is expanded in the same way. The factsheet says the definitions are applied with the subsection 4(1) definition of the child's culture. That definition was not set out on the page. The lawyer does not invent kinship examples.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the facts the lawyer identifies, list each person whose relationship to the child is in issue, and the provision the document is applying: step-parent, family violence, the culture factor, or the information obligations. Do not decide that a person is a relative, and do not describe a kinship system. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Keep sections 60CF, 60CH and 60CI on the unexpanded definition. The factsheet says the expansion does not apply to them.
- Do not write a kinship example. None is in the factsheet.
- The culture definition in subsection 4(1) was not opened. The lawyer reads it before applying the test.
Sources
- Attorney-General's Department, Family Law Amendment Act 2023 factsheet for professionals · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.