The Right to Information Act 2009 (RTI Act) and the Information Privacy Act 2009 (IP Act) recognise the ‘eligible family member’1 of a deceased person. This phrase appears in relation to information that would, if a person were alive, be their personal information as eligible family members may have a greater public interest in accessing this information than other people.
This guideline provides an outline of what an ‘eligible family member’ means.
The following relationships to the deceased person constitute eligible family members – but only in the order of priority they are listed and then only if they are reasonably available:
While the RTI Act recognises a step-parent as a parent for the purposes of making an application on behalf of a minor child4, it does not do so for the purposes of defining an eligible family member.
To determine if a step-parent is a parent under the eligible family member definition it will be necessary to consider the relationship between step-parent and adult child, in particular, the extent of their familial connection and involvement.
The applicant was the deceased's sister, who needed to establish that she was the eligible family member with priority over the deceased's step-father. The evidence showed that the deceased was an adult child of the step-father, that there had been little to no familial connection or involvement between them, including for many years prior to her death, and that the deceased had not been financially dependent on him.
Given this, it was decided that the step-father was not a parent within the eligible family member definition.
A person who is described as not reasonably available can mean:
When deciding who the eligible family member is, you must start at the beginning of the list. If that person is not reasonably available you move to the next person on the list and continue down the list in order until you identify a person who is reasonably available.
Current as at: September 25, 2018