Statute Law Amendment (Relationships) Act 2001 (Vic)
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001
TABLE OF PROVISIONS
Section Page
1. Purpose and object 1 2. Commencement 2 3. Property related benefits 2 4. Compensation schemes 2 5. Superannuation schemes 2 6. Health related legislation 2 7. Criminal law legislation 3 8. Consumer and business legislation 3 9. General legislation 3
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SCHEDULES 4 SCHEDULE 1—Property related benefits 4 SCHEDULE 2—Compensation schemes 22 SCHEDULE 3—Superannuation schemes 31 SCHEDULE 4—Health related legislation 42 SCHEDULE 5—Criminal law legislation 48 SCHEDULE 6—Consumer and business legislation 51 SCHEDULE 7—General legislation 59
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ENDNOTES 61
i
Victoria
No. 27 of 2001
Statute Law Amendment (Relationships) Act 2001†
[Assented to 12 June 2001]
The Parliament of Victoria enacts as follows:
1. Purpose and object
(1) The purpose of this Act is to amend various Acts in relation to domestic relationships.
(2) The object of this Act is to recognise the rights
and obligations of partners in domestic
relationships where there is mutual commitment
to an intimate personal relationship and shared life
as a couple, irrespective of the gender of each
partner.
Statute Law Amendment (Relationships) Act 2001
| s. 2 | Act No. 27/2001 |
(3) It is a further object of this Act to prevent
discrimination under legislation specified in the of gender have the same rights and obligations while at the same time recognising the importance of a commitment to a long term relationship and the security of children.
2. Commencement
(1) Subject to sub-section (2), the provisions of this
Act (including the items in a Schedule) come into operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 January 2002, it comes into
operation on that day.
3. Property related benefits
An Act specified in the heading to an item in Schedule 1 is amended, on the commencement of that item or a provision of that item, as set out in that item or provision.
4. Compensation schemes
An Act specified in the heading to an item in Schedule 2 is amended, on the commencement of that item or a provision of that item, as set out in that item or provision.
5. Superannuation schemes
An Act specified in the heading to an item in Schedule 3 is amended, on the commencement of that item or a provision of that item, as set out in that item or provision.
6. Health related legislation
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001
An Act specified in the heading to an item in Schedule 4 is amended, on the commencement of that item or a provision of that item, as set out in that item or provision.
7. Criminal law legislation
An Act specified in the heading to an item in Schedule 5 is amended, on the commencement of that item or a provision of that item, as set out in that item or provision.
8. Consumer and business legislation
An Act specified in the heading to an item in Schedule 6 is amended, on the commencement of that item or a provision of that item, as set out in that item or provision.
9. General legislation
An Act specified in the heading to an item in Schedule 7 is amended, on the commencement of that item or a provision of that item, as set out in that item or provision.
__________________
Statute Law Amendment (Relationships) Act 2001
| Sch. 1 | Act No. 27/2001 |
SCHEDULES
Section 3
SCHEDULE 1
PROPERTY RELATED BENEFITS
1. Administration and Probate Act 1958
1.1 In section 3(1) insert the following definitions—
' "domestic partner" of a person who dies means a person who, although not married to the person—
(a)
was living with the person at the time of the person's death as a couple on a genuine domestic basis (irrespective of gender); and
(b) either—
(i) continuously for a period of at least
had lived with the person in that manner death; or
(ii) is the parent of a child of the person who was under 18 years of age at the time of the person's death;
"parent" of a child includes a person who has day to day
care and control of the child and with whom the child
is ordinarily resident;
"partner" of a person who dies means the person's spouse or domestic partner;
"spouse" of a person who dies means a person who was
married to the person at the time of the person's
death;'.
1.2 In section 3, after sub-section (2) insert—
'(3) For the purposes of the definition of "domestic
partner" in sub-section (1), in determining whether
persons were domestic partners of each other, all the
circumstances of their relationship are to be taken into
account, including any one or more of the matters
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 1 referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case.'.
1.3 In section 32(1), for "widow widower or child of the
deceased employee" substitute "surviving partner of the
deceased employee or child of the deceased employee or of
the deceased employee's partner".
1.4 Insert the following heading to section 37A—
"37A. Partner may obtain intestate's interest in shared
home".
1.5 In section 37A, for sub-sections (1) and (2) substitute—
'(1) In this section—
"residuary estate" has the same meaning as in
section 38(4);
"shared home" means a residence that was the
principal place of residence of an intestate and
the intestate's partner at the time of the
intestate's death.
(2) Despite anything to the contrary in this Act, if a
person dies intestate as to an interest in the person's
shared home, the person's partner may elect to acquire
the interest at its value at the date of the person's
death.'.
1.6 In section 37A—
(a)
in sub-section (3), for "spouse" (wherever occurring) substitute "partner";
(b) in sub-section (4)—
(i) for "matrimonial home" substitute "shared home";
(ii) for "spouse" (wherever occurring) substitute "partner";
(c)
in sub-section (5), for "spouse" (wherever occurring) substitute "partner";
(d)
in sub-section (6), for "matrimonial home" substitute "shared home";
Statute Law Amendment (Relationships) Act 2001
| Sch. 1 | Act No. 27/2001 |
(e) in sub-sections (7) and (8)—
(i) for "spouse" (wherever occurring) substitute "partner";
(ii) for "matrimonial home" substitute "shared home";
(f) in sub-section (9), for "spouse" substitute "partner";
(g)
in sub-sections (10) and (11), for "matrimonial home" (wherever occurring) substitute "shared home".
1.7 Insert the following heading to section 51—
"51. Distribution if intestate leaves a partner".
1.8 In section 51(1) and (2), for "spouse" substitute "partner".
1.9 After section 51 insert— '51A. Distribution between spouse and domestic partner
(1) If an intestate leaves both a spouse and a domestic partner, the entitlement to the partner's share of the intestate's residuary estate is to be determined in
accordance with the following table.
TABLE
Period that
domestic partner
has lived as Domestic
domestic partner Spouse's partner's of intestate entitlement entitlement continuously before to partner's to partner's intestate's death share share less than 4 years two-thirds one-third 4 years or more but half half less than 5 years 5 years or more but one-third two-thirds less than 6 years 6 years or more none all
Note: There is a minimum requirement that the domestic partner
lived with the intestate continuously for at least 2 years
immediately before the intestate's death, unless the domestic
partner is the parent of a child of the intestate who was
under 18 at the time of the intestate's death—see definition
of "domestic partner" in section 3(1).(2) In this section—
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 1 "partner's share" of an intestate's residuary estate
means the share of the estate to which the
partner of the intestate is entitled under this
Division.'.
1.10 In section 52(1)—
(a) after "section 51" insert "and 51A";
(b)
in paragraphs (a), (b), (e) and (ea), for "widow or widower" substitute "partner".
1.11 In section 54—
(a) for "spouse" substitute "partner";
(b) for "care or custody" substitute "care and control".
1.12
In section 71(1), for "the widow only or the widow and children only or the widower only or the widower and children or the widowed mother" substitute "the partner
only or the partner and children only or the sole surviving
parent".1.13 In section 99A(1), for "widow widower" substitute
"partner".
1.14 After section 99AC insert—
"100. Transitional provision—Statute Law Amendment
(Relationships) Act 2001
Despite the amendment of Part 1 by item 1 of Schedule 1 to the Statute Law Amendment (Relationships) Act 2001, Part 1 as in force immediately before that commencement continues to
apply with respect to the estate of an intestate who has
died before that commencement.".
2. Duties Act 2000
2.1 In section 3—
(a) insert the following definitions— ' "domestic partner" of a person means a person with whom the person is in a domestic relationship;
"domestic relationship" means the relationship
between two people who, although not married to each other, are living together as a couple on
Statute Law Amendment (Relationships) Act 2001
| Sch. 1 | Act No. 27/2001 |
| a genuine domestic basis (irrespective of gender); |
"partner" of a person means the person's spouse or
domestic partner;';
(b) the definition of "de facto spouse" is repealed;
(c) in the definition of "relative", for "spouse" (wherever occurring) substitute "partner"; (d) for the definition of "spouse" substitute— ' "spouse" of a person means a person to whom the
person is married;'.
2.2 At the end of section 3 insert—'(3) For the purposes of the definition of "domestic relationship" in sub-section (1), in determining whether a domestic relationship exists, all the
circumstances of the relationship are to be taken into
account, including any one or more of the matters
referred to in section 275(2) of the Property LawAct 1958 as may be relevant in a particular case.'.
2.3 Insert the following heading to section 43—
"43. Marriage and domestic relationships".
2.4 In section 43, for sub-section (3) substitute—
"(3) No duty is chargeable under this Chapter in respect of
a transfer of dutiable property from one person to
another person, or from two people to one of them, or
from one person to themselves and another person
if—
(a)
the people are spouses or domestic partners of each other; and
(b)
no other person takes or is entitled to take an interest in the property under the transfer.".
2.5 Insert the following heading to section 44—
"44. Breakdown of marriage and domestic relationships".
2.6 In section 44—
(a) in sub-section (1)—
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 1 (i) in paragraph (a), for "married to each other or de facto spouses" substitute "spouses or domestic partners";
(ii) in paragraph (b), for "de facto relationship" substitute "domestic relationship";
(b)
in sub-section (2), after "marriage" (wherever occurring) insert "or domestic relationship".
2.7 In section 61(2) and (3), for "spouse" substitute "partner".
2.8 In section 229(2), for "de facto spouse" (where twice
occurring) substitute "domestic partner".
2.9 Insert the following heading to section 235—
"235. Marriage and domestic relationships and their
breakdown".
2.10 In section 235—
(a) in sub-section (1), for paragraph (a) substitute— "(a) either of the following applies— (i) both people are spouses or domestic partners of each other; or
(ii) partners of each other and the
Commissioner is satisfied that theboth people were spouses or domestic breakdown of the marriage or domestic relationship; and";
(b)
in sub-section (2), after "marriage" (wherever occurring) substitute "or domestic relationship".
3. First Home Owner Grant Act 2000
3.1 In section 3—
(a) insert the following definitions— ' "domestic partner" of a person means a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
"partner" of a person means, subject to section 6,
the person's spouse or domestic partner;';
(b) the definition of "de facto spouse" is repealed;
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| Sch. 1 | Act No. 27/2001 |
(c) for the definition of "spouse" substitute— ' "spouse" of a person means a person to whom the
person is married;'.
3.2 At the end of section 3 insert—
'(2) For the purposes of the definition of "domestic
partner" in sub-section (1), in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into
account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case.'.
3.3 For section 6 substitute—
"6. Exclusion of non-cohabiting spouse
If the Commissioner is satisfied that, at the time of deciding an application for a first home owner grant, an applicant—
(a) is married but not cohabiting with the applicant's spouse; and (b) has no intention of resuming cohabitation—
the applicant's spouse is not to be regarded as the
applicant's partner.".
3.4 Insert the following heading to section 10—
"10. Criterion 3—Applicant (or applicant's partner) must
not have been entitled to earlier grant".
3.5 In section 10, for "spouse" (wherever occurring) substitute
"partner".
3.6 Insert the following heading to section 11—
"11. Criterion 4—Applicant (or applicant's partner) must
not have had relevant interest in residential
property".
3.7 In sections 11, 14 and 50(1), for "spouse" (wherever occurring) substitute "partner".
4. Land Act 1958
4.1 In section 3 insert the following definitions—
' "domestic partner" of a person means a person to whom
the person is not married but with whom the person is
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 1 living as a couple on a genuine domestic basis
(irrespective of gender);
"spouse" of a person means a person to whom the person is
married;'.
4.2 At the end of section 3 insert—
'(2) For the purposes of the definition of "domestic
partner" in sub-section (1), in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into
account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case.'.
4.3 In section 273(4)(i), after "spouse" insert "or domestic
partner".
5. Land Acquisition and Compensation Act 1986
5.1 In section 3(1) insert the following definitions—
' "domestic partner" of a person means a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis
(irrespective of gender);
"spouse" of a person means a person to whom the person is
married;'.
5.2 In section 3, after sub-section (1) insert—
'(1A) For the purposes of the definition of "domestic
partner" in sub-section (1), in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into
account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case.'.
5.3 In section 45(4) after "spouse" (wherever occurring) insert "or domestic partner".
6. Land Tax Act 1958
6.1 In section 3(1) insert the following definitions—
' "domestic partner" of a person means a person to whom the person is not married, but with whom the person is living as a couple on a genuine domestic basis
(irrespective of gender);
Statute Law Amendment (Relationships) Act 2001
| Sch. 1 | Sch. 1 | Act No. 27/2001 |
"spouse" of a person means a person to whom the person is
married;'.
6.2 In section 3, after sub-section (1) insert—
'(1A) For the purposes of the definition of "domestic
partner" in sub-section (1), in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into
account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case.'.
6.3 In section 9(1H), for "de facto spouse" (wherever occurring)
substitute "domestic partner".
7. Landlord and Tenant Act 1958
7.1 In section 43(1) insert the following definitions—
' "child" of a person includes a child of the person's partner;
"domestic partner" of a person means a person to whom
the person is not married but with whom the person is
living as a couple on a genuine domestic basis
(irrespective of gender);
"partner" of a person means the person's spouse or
domestic partner;
"spouse" of a person means a person to whom the person is
married;'.
7.2 In section 43, after sub-section (6) insert—
'(7) For the purposes of the definition of "domestic
partner" in sub-section (1), in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into
account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case.'.
7.3 In section 82(6)(v), for "spouse" (wherever occurring)
substitute "partner".
7.4 In section 93(1)(d), for sub-paragraph (i) substitute—
"(i) that the lessor is a person of one of the following
classes—one of two partners who desire to live together in the
dwelling-house in any case where either partner is
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001
receiving or, if they were living in the dwelling-
house, would be entitled to receive an age pension
under the Social Security Act 1991 of the
Commonwealth or a service pension under section 84
of the Veterans' Entitlements Act 1986 of the
Commonwealth;one of two partners who desire to live together in the dwelling-house in any case where the joint income of the partners does not exceed a rate of $1820 per
annum;
a surviving partner or a spouse living apart from the
other spouse or a single person who is receiving or, if
the person were living in the dwelling-house, would
be entitled to receive an age pension or a servicepension as aforesaid;
a surviving partner or a spouse living apart from the
other spouse or a single person, whose age in the case
of a man is not less than 65 years and in the case of a
woman is not less than 60 years, and whose income
does not exceed a rate of $910 per annum;a person in receipt of a total pension under the Social Security Act 1991 of the Commonwealth or a service pension under section 85 of the Veterans'
Entitlements Act 1986 of the Commonwealth;
a person in receipt of a total permanent incapacity
pension under the Veterans' Entitlements Act 1986 of
the Commonwealth whose income, together with the
income (if any) of the person's partner, if living with
the person, from sources other than pensions or
allowances under that Act, does not exceed a rate of$910 per annum; and".
7.5 In section 93—
(a)
in sub-section (1)(e)(i), for "spouse" substitute "partner";
(b)
in sub-section (2)(b), for "woman" substitute "person";
(c)
in sub-section (2)(c), for "a woman who is wholly or mainly dependent for her support upon a pension payable to her under the said Commonwealth Act as the widow" substitute "a person who is wholly or mainly dependent for support on a pension payable to
Statute Law Amendment (Relationships) Act 2001
| Sch. 1 | Act No. 27/2001 |
the person under the Commonwealth Act referred to
in paragraph (a) as the surviving partner".
7.6 In section 106, for "spouse" substitute "partner".
7.7 In section 107A—
(a)
in sub-section (4), for "spouse" (wherever occurring) substitute "partner";
(b)
in sub-section (4), for "spouses" substitute "partners".
8. Perpetuities and Accumulations Act 1968
8.1 In section 2(1) insert the following definitions—
' "domestic partner" of a person means a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis
(irrespective of gender);
"partner" of a person means the person's spouse or
domestic partner;
"spouse" of a person means a person to whom the person is
married;'.
8.2 In section 2, after sub-section (3) insert—
'(4) For the purposes of the definition of "domestic
partner" in sub-section (1), in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into
account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case.'.
8.3 Insert the following heading to section 10—
"10. Unborn partner".
8.4 In section 10, for "widow or widower" (wherever occurring)
substitute "surviving partner".
8.5 In section 17(1), for "spouses" (wherever occurring)
substitute "partners".
9. Property Law Act 1958
9.1 In the heading to Part IX, for "DE FACTO" substitute
"DOMESTIC".
9.2 In section 275—
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 1
(a) insert the following definitions— ' ''domestic partner" of a person means a person with whom the person is or has been in a domestic relationship;
"domestic relationship" means the relationship
between two people who, although not married to each other, are living or have lived together as a couple on a genuine domestic basis
(irrespective of gender);';
(b)
for the definition of "child" substitute— ' "child" in relation to domestic partners means—
(a) a child born as a result of sexual relations between the partners; or (b) a child of one of the partners of whom the other partner is presumed to be the father under Part 2 of the Status of Children Act 1974; or
(c) a child adopted by the partners;'.
(c)
the definitions of "de facto partner" and "de facto relationship" are repealed;
(d)
in the definition of "financial resources", for "de facto" (wherever occurring) substitute "domestic".
9.3 At the end of section 275 insert—
'(2) For the purposes of the definition of "domestic relationship" in sub-section (1), in determining whether a domestic relationship exists or has existed,
all the circumstances of the relationship are to be
taken into account, including any one or more of the
following matters as may be relevant in a particularcase—
(a) the duration of the relationship;
(b) the nature and extent of common residence;(c) whether or not a sexual relationship exists;
(d) the degree of financial dependence or financial support, between the parties;
(e) the ownership, use and acquisition of property;
Statute Law Amendment (Relationships) Act 2001
| Sch. 1 | Act No. 27/2001 |
(f)
the degree of mutual commitment to a shared life;
(g) the care and support of children;
(h) the reputation and public aspects of the relationship.'. 9.4 For section 276 substitute— "276. Application and transitional
(1)
This Part, as amended by item 9 of Schedule 1 to the Statute Law Amendment (Relationships) Act 2001 applies to a person who has been a domestic partner
whether before or after the commencement of that
item, but does not apply to a person who was a
partner in a domestic relationship that ended before
that commencement.(2) This Part, as in force immediately before the
commencement of item 9 of Schedule 1 to the Statute continues to apply in relation to a person who was a partner in a de facto relationship (within the meaning of this Part as then in force) that ended before that commencement whether or not proceedings had been commenced under this Part as then in force.".
9.5 Insert the following heading to section 277—
"277. Other rights of domestic partners not affected by this
Part".
9.6 In sections 277, 278(1), 279(1), 280(a), 281, 282, 284, 285,
286(1) and (4), 287(1) and 288, for "de facto" (wherever
occurring) substitute "domestic".
10. Residential Tenancies Act 1997
10.1 In section 3(1) insert the following definitions—' "domestic partner" of a person means a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis
(irrespective of gender);
"partner" of a person means the person's spouse or
domestic partner;
"spouse" of a person means a person to whom the person is
married;'.
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 1 10.2 In section 3, after sub-section (2) insert—
'(3) For the purposes of the definition of "domestic
partner" in sub-section (1), in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into
account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case.'.
10.3 In sections 258(1)(b)(i) and 312(2)(b)(i)—
(a) for "spouse" substitute "partner";
(b) for "spouse's" substitute "partner's".
11. Retail Tenancies Reform Act 1998 11.1 In section 3(1)—
(a) insert the following definition— ' "domestic partner" of a person means a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);';
(b) for the definition of "spouse" substitute— ' "spouse" of a person means a person to whom the person is married;'.
11.2 In section 3, after sub-section (6) insert—
'(7) For the purposes of the definition of "domestic
partner" in sub-section (1), in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into
account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case.'.
11.3 In section 15(2)(c), after "spouse" (wherever occurring)
insert "or domestic partner".
12. Sale of Land Act 1962 12.1 In section 2(1) insert the following definitions—
' "child" of a person includes a child of the person's spouse or domestic partner;
Statute Law Amendment (Relationships) Act 2001
| Sch. 1 | Sch. 1 | Act No. 27/2001 |
"domestic partner" of a person means a person to whom
the person is not married but with whom the person is
living as a couple on a genuine domestic basis
(irrespective of gender);
"spouse" of a person means a person to whom the person is
married;'.
12.2 In section 2, after sub-section (1) insert—
'(1A) For the purposes of the definition of "domestic
partner" in sub-section (1), in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into
account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958.'.
12.3 In section 33(7), for "de facto spouse" (where twice
occurring) substitute "domestic partner".
13. Stamps Act 1958
13.1 In section 3—
(a) insert the following definitions— ' "domestic partner" of a person means a person with whom the person is in a domestic relationship;
"domestic relationship" means the relationship
between two people who, although not married to each other, are living together as a couple on a genuine domestic basis (irrespective of
gender);
"partner" of a person means the person's spouse or
domestic partner;
"spouse" of a person means a person to whom the person is married;';
(b) the definition of "de facto spouse" is repealed.
13.2 At the end of section 3 insert—
'(2) For the purposes of the definition of "domestic relationship" in sub-section (1), in determining whether a domestic relationship exists, all the
circumstances of the relationship are to be taken into
account, including any one or more of the matters
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001
referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case.'.
13.3 In section 63(1), in the definition of "relative", for "spouse" (wherever occurring) substitute "partner".
13.4 In section 67A(7)—
(a)
in the definition of "relative", for "spouse" (wherever occurring) substitute "partner";
(b) the definition of "spouse" is repealed.
13.5 In section 71(16), in the definition of "relative", in
paragraph (b), for "spouse" substitute "partner".
13.6 In section 71B—
(a)
in sub-section (1), the definition of "spouse" is repealed;
(b) in sub-section (3), for "spouse" substitute "partner".
13.7 In section 75—
(a)
in sub-section (2)(c), for "spouse" (wherever occurring) substitute "partner";
(b)
in sub-section (3)(a), for "spouses" substitute "partners";
(c) in sub-section (5) paragraph (a) is repealed.
13.8 In the Third Schedule, in Heading IV(A)—
(a) in exemption (9), for "widows" substitute "surviving partners"; (b) in exemption (13), after "marriage" (wherever occurring) insert "or domestic relationship"; (c) in exemption (14), for paragraphs (a), (b) and (c) substitute—
"(a) both persons are spouses or domestic partners of each other; or
(b) both persons were spouses or domestic partners of each other and the Comptroller of Stamps is satisfied that the transfer was made because of the breakdown of the marriage or domestic relationship—".
13.9 In the Third Schedule, in Heading VI, in the exemptions applying to (A) and (B)—
Statute Law Amendment (Relationships) Act 2001
| Sch. 1 | Act No. 27/2001 |
(a) in exemption (13), for "widows" substitute "surviving partners"; (b) in exemption (20), for paragraphs (a), (b) and (c) substitute—
"(a) both persons are spouses or domestic partners of each other; or
(b)
both persons were spouses or domestic partners of each other and the Comptroller of Stamps is satisfied that the transfer was made because of the breakdown of the marriage or domestic
relationship—";
(c)
in exemption (27), after "marriage" (wherever occurring) insert "or domestic relationship".
13.10 In the Third Schedule, in Heading IX—
(a)
in exemption (4), for "widows" substitute "surviving partners";
(b)
in exemption (8) after "marriage" (wherever occurring) insert "or domestic relationship".
13.11 In the Third Schedule, in Heading XXI—
(a) in exemption (2), for "de facto spouse" (where twice occurring) substitute "domestic partner"; (b) in exemption (12), for paragraphs (a), (b), (c) and (d) substitute—
"(a) both persons are spouses or domestic partners of each other; or
(b)
both persons were spouses or domestic partners of each other and the Comptroller is satisfied that the transfer was made because of the breakdown of the marriage or domestic relationship—";
(c)
in exemption (13), after "marriage" (wherever occurring) insert "or domestic relationship".
14. Wills Act 1997
14.1 In section 3(1)—(a) the definition of "de facto spouse" is repealed;
(b) insert the following definitions—
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 1 ' "domestic partner" of a deceased person means a person to whom the deceased person was not married but with whom the deceased person was living at the date of death as a couple on a
genuine domestic basis (irrespective of gender);
"spouse" of a deceased person means a person to
whom the deceased person was married at the
date of death;'.
14.2 In section 3, after sub-section (1) insert—
'(1A) For the purposes of the definition of "domestic
partner" in sub-section (1), in determining whether
persons were domestic partners of each other, all the
circumstances of their relationship are to be taken into
account, including any one or more of the matters
referred to in section 275(2) of the Property Law
Act 1958 as may be relevant in a particular case.'.
14.3 In section 11, after "spouse" insert "or domestic partner".
14.4 In sections 31(4)(a)(ii), 39(4)(b) and 50(d), for "de facto
spouse" substitute "domestic partner".
__________________
Statute Law Amendment (Relationships) Act 2001
| Sch. 2 | Act No. 27/2001 |
SCHEDULE 2
Section 4
COMPENSATION SCHEMES
1. Accident Compensation Act 1985
1.1 In section 5(1)—
(a) insert the following definitions— ' "domestic partner" of a person means a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
"partner" of a worker means—
(a) in relation to a worker who died before the commencement of section 4 of the Statute Law Amendment (Relationships) Act 2001—
(i) the worker's spouse at the time of the worker's death; or
(ii) a person of the opposite sex who, though not married to the worker, lived with the worker at the time of
the worker's death on a permanent
and bona fide domestic basis;
(b) in relation to a worker who dies on or after that commencement—the worker's spouse or domestic partner at the time of the worker's death;
"spouse" of a person means a person to whom that person is married;';
(b)
in the definition of "member of a family", for "wife, husband" substitute "partner".
1.2 In section 5, sub-section (5) is repealed.
1.3 In section 5, after sub-section (17) insert—
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 2 '(18) For the purposes of the definition of "domestic
partner" in sub-section (1), in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into
account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case.'.
1.4 In section 92A—
(a)
in sub-section (1), for the definition of "dependent spouse" substitute—
' "dependent partner" means a partner wholly or
mainly dependent on the worker's earnings;';(b)
in sub-section (1), in the definition of "orphan child", for "spouse" (wherever occurring) substitute "partner";
(c)
in sub-section (2), for "spouse" (wherever occurring) substitute "partner";
(d) in sub-section (4)—
(i) for "spouse" (wherever occurring) substitute "partner";
(ii) for "spouses" (wherever occurring) substitute "partners";
(e) in sub-section (5), for "spouse" substitute "partner";
(f) in sub-sections (6), (7) and (8)—(i) for "spouse" (wherever occurring) substitute "partner";
(ii) for "spouses" (wherever occurring) substitute "partners";
(g)
in sub-sections (8A), (9) and (10), for "spouse" substitute "partner".
1.5 In section 92B—
(a)
in sub-section (3), for "spouse" (wherever occurring) substitute "partner";
(b)
in sub-section (4), for "spouses, each spouse" substitute "partners, each partner";
(c)
in sub-section (11), for "spouse, dependent spouses" substitute "partner, dependent partners".
Statute Law Amendment (Relationships) Act 2001
| Sch. 2 | Act No. 27/2001 |
1.6 In section 92C, for sub-section (3), substitute—
"(3) A weekly pension to which a child under the age of
18 is entitled is payable to—(a)
the parent of the child who has custody of the child; or
(b)
if there is no such person, the child's guardian; or
(c)
if there is no person referred to in paragraph (a) or (b), the person who has day to day care and control of the child and with whom the child is ordinarily resident.".
1.7 In section 99, for sub-section (1A) substitute—
'(1A) In sub-section (1)(aa)—
"family member" means a partner, parent, sibling or child of the worker or of the worker's partner;
"parent" of a worker includes a person who has day to day care and control of the worker.'.
2. Education Act 1958
2.1 In section 34A insert the following definitions—
' "child" of a volunteer school worker or volunteer student worker means a child of the worker or of the worker's partner who—
(a) is under the age of 16 years; or
(b) is 16 years or more but under the age of 21 years and is a full-time student;
"dependant" of a volunteer school worker or volunteer
student worker means a person who was at the date of
the worker's death wholly, mainly or partially
dependent on the worker for financial support;
"domestic partner" of a person means a person to whom
the person is not married but with whom the person is
living as a couple on a genuine domestic basis
(irrespective of gender);
"partner" of a volunteer school worker or volunteer student worker means—
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 2
(a)
in relation to a person who died before the commencement of section 4 of the Statute Law Amendment (Relationships) Act 2001—the person's spouse at the time of death;
(b)
in relation to a person who dies on or after that commencement—the person's spouse or domestic partner at the time of death;
"spouse" of a person means a person to whom the person is
married;'.
2.2 At the end of section 34A insert—
'(2) For the purposes of the definition of "domestic
partner" in sub-section (1), in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into
account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case.'.
2.3 In section 34B, for sub-sections (1) and (1A) substitute—
"(1) If a volunteer school worker suffers personal injury
arising out of, or in the course of engaging in, school
work or travelling to or from a place where school
work is to be or has been engaged in—
(a) the worker is entitled to be paid compensation; or (b) if the worker dies, the worker's partner or any child or dependant of the worker is entitled to be paid compensation. (1A) If a volunteer student worker suffers personal injury
arising out of or in the course of approved community
work—
(a)
the worker is entitled to be paid compensation; or
(b)
if the worker dies, the worker's partner or any child or dependant of the worker is entitled to be paid compensation.".
3. Police Assistance Compensation Act 1968
3.1 In section 2(1), for "spouse" substitute "partner,".
3.2 After section 2(1) insert—
Statute Law Amendment (Relationships) Act 2001
| Sch. 2 | Act No. 27/2001 |
'(1A) In sub-section (1)—
"child" of a deceased person means a child of the person or of the person's partner who—
(a) is under the age of 16 years; or
(b) is 16 years or more but under the age of 21 years and is a full-time student;
"dependant" of a deceased person means a person
who was at the date of the person's death
wholly, mainly or partially dependent on the
person for financial support;
"domestic partner" of a person means a person to
whom the person is not married, but with
whom the person is living as a couple on a
genuine domestic basis (irrespective of their
genders);
"partner" of a person means—
(a)
in relation to a person who died before the commencement of section 4 of the Statute Law Amendment (Relationships) Act
2001—the person's spouse at the time of
death;(b)
in relation to a person who dies on or after that commencement—the person's spouse or domestic partner at the time of death;
"spouse" of a person means a person to whom the
person is married.
(1B) For the purposes of the definition of "domestic
partner" in sub-section (1A), in determining whether
persons are domestic partners of each other, all the
circumstances of their relationship are to be taken into
account, including any one or more of the matters
referred to in section 275(2) of the Property Law
Act 1958 as may be relevant in a particular case.'.
4. Transport Accident Act 1986
4.1 In section 3(1)—
(a) insert the following definitions— ' "domestic partner" of a person means a person to whom the person is not married but with whom
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 2 Sch. 2 the person is living as a couple on a genuine
domestic basis (irrespective of gender);"partner" means—
(a) in relation to a person who died before the commencement of section 4 of the Statute Law Amendment (Relationships) Act 2001—
(i) the spouse of the person at the time of death; or
(ii) a person of the opposite sex who, though not married to the person, lived with the person at the time of
death on a permanent and bona fide
domestic basis;
(b) in relation to a person who was injured as a result of a transport accident that occurred before the commencement of section 4 of the Statute Law Amendment (Relationships) Act 2001 but who did not die before that commencement— (i) for the purposes of sections 43(1D) and 62—
(A) the spouse of the person; or
(B) a person of the opposite sex who, though not married to the person, lives with the
person on a permanent and
bona fide domestic basis;
(ii) for the other purposes of the Act— the spouse or domestic partner of the person;
(c) in relation to any other person—the spouse or domestic partner of the person;
"spouse" in relation to a person means a person to whom the person is married;';
(b) for the definition of "child" substitute— ' "child" in relation to a person includes a child of the person or the person's partner or an adopted
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001
child of the person or of the person's partner
but does not include a child of that person or of
the person's partner adopted by another personor persons;'.
(c) in the definition of "dependent child", after "spouse" insert "or domestic partner"; (d) for the definition of "dependent spouse" substitute— ' "dependent partner" in relation to a person means the person's partner, if the partner would but for injury or death of that person—
(a)
be wholly, mainly or in part dependent on that person for economic support; or
(b)
be wholly dependant on the person for the care of the children of the partner or of that person;';
(e) in the definition of "earner"—
(i) in paragraph (b), for "definition; or" substitute "definition—";
(ii) paragraph (c) is repealed;
(f) for the definition of "surviving spouse" substitute— ' "surviving partner" of a person who dies as a result of a transport accident, means a dependent partner of the person;'.
4.2 In section 3—
(a) sub-section (1B) is repealed;
(b)
in sub-sections (3) and (5), for "spouse" (wherever occurring) substitute "partner";
4.3 In section 3, for sub-section (6) substitute—
'(7) For the purposes of the definition of "domestic
partner" in sub-section (1), in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into
account, including any one or more of the matters
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 2 referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case.'.
4.4 In section 6(2), in the definition of "income from personal
exertion", in paragraph (b), for "as a partner" substitute "in
partnership".
4.5 In sections 42(1)(a), (2) and (3) and 43(1D), for "spouse" (wherever occurring) substitute "partner".
4.6 Insert the following heading to section 57—
"57. Death benefit for surviving partner".
4.7 In section 57—
(a)
in sub-sections (1) and (3) for "spouse" (wherever occurring) substitute "partner";
(b) in sub-section (4)—
(i) for "spouse" (wherever occurring) substitute "partner";
(ii) in paragraph (c), for "spouses" substitute "partners";
(c)
in sub-section (5), for "spouse" (wherever occurring) substitute "partner".
4.8 Insert the following heading to section 58—
"58. Surviving partner—periodical payments".
4.9 In section 58(1), (2), (4), (5), (6) and (7), for "spouse"
(wherever occurring) substitute "partner".4.10 In section 59(1), (2), (8), (9), (12) and (13) for "spouse"
(wherever occurring) substitute "partner".4.11 In section 60—
(a) in sub-section (2B)—
(i) for "sub-section (2A)(a)" substitute "this section";
(ii) in the definition of "family member" for "spouse" substitute "partner";
(iii) insert the following definition after the definition of "family member"—
' "parent" of a dependant child includes—
Statute Law Amendment (Relationships) Act 2001
| Sch. 2 | Act No. 27/2001 |
(a) a person who has day to day care and control of the child and with whom the child is ordinarily resident;
(b) a guardian of the child;';
(b) in sub-section (2C) omit "or guardian";
(c) in sub-section (2D)—
(i) for "spouse's" substitute "partner's";
(ii) for "spouse" substitute "partner".
4.12 In sections 62(1) and (2), 68(1)(b) and 69(2), for "spouse" (wherever occurring) substitute "partner".
4.13 In section 141(6), for " as a partner" substitute "in
partnership".
4.14 Insert the following heading to section 142—
"142. Payment to dependent partner".
4.15 In sections 142, 143(1), 144, 148(c) and 150(3), (5) and (6),
for "spouse" (wherever occurring) substitute "partner".
__________________
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 3
SCHEDULE 3
Section 5
SUPERANNUATION SCHEMES
1. Country Fire Authority Act 1958 1.1. In section 3 insert the following definitions—
' "dependant" of a person means a person who is, or was at
the date of the person's death, wholly or partially
dependent on the person or who has, or had at that
date, a legal right to look to the person for financial
support;
"domestic partner" of a person means a person to whom
the person is not married but with whom the person is
living as a couple on a genuine domestic basis
(irrespective of gender);
"spouse" of a person means a person to whom the person is
married;'.
1.2 At the end of section 3 insert—
'(2) For the purposes of the definition of "domestic
partner" in sub-section (1), in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into
account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case.'.
1.3 In section 110(1)—
(a) for paragraph (e) substitute— "(e) for the provision, grant or payment of
superannuation, allowances, pensions or families, surviving spouses, surviving domestic partners or dependants on the resignation, retirement or death of those officers and employees;";
gratuities to officers and employees of the
(b) in paragraph (g) for sub-paragraph (ii) substitute—
Statute Law Amendment (Relationships) Act 2001
| Sch. 3 | Act No. 27/2001 |
"(ii) in the case of the death of any volunteer officer, resulting from any such incident, to the spouse, domestic partner, family and dependants of the volunteer officer;".
2. Emergency Services Superannuation Act 1986
2.1 In section 3—
(a) insert the following definitions— ' "child" in relation to a deceased contributor or
former contributor or member or former
member or police recruit or former police
recruit means a child of the person or the
person's partner other than any child born more
than 10 months after the person's death whois—
(a) under 18 years of age; or
(b) between the age of 18 and 25 years and in the opinion of the Board is a full-time student;
"domestic partner" of a person means a person to
whom the person is not married but with
whom, in the opinion of the Board, the person
is, or was at the time at the person's death,
living as a couple on a genuine domestic basis
(irrespective of gender);
"partner" of a person means—
(a)
in relation to a person who became entitled to benefits under this Act before the commencement of section 5 of the Statute Law Amendment (Relationships) Act 2001—
(i) the person's husband, wife,
widower or widow; or(ii) a person of the opposite sex who, though not married to the person, in the opinion of the Board lives with the person, or lived with the person at the date of the person's death, on a bona fide domestic basis as the person's husband or wife;
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 3 (b)
in any other case—the person's spouse or domestic partner;';
(b) in the definition of "dependant", for "spouse", substitute "partner"; (c) for the definition of "spouse" substitute— ' "spouse" of a person means a person to whom the person is, or was at the time of the person's death, married;'.
2.2 At the end of section 3 insert—
'(2) For the purposes of the definition of "domestic
persons are or were domestic partners of each other,
all the circumstances of their relationship are to be
taken into account, including any one or more of the
matters referred to in section 275(2) of the Propertypartner" in sub-section (1), in determining whether case.'.
2.3 In section 20O(1), for "spouse" substitute "partner".
2.4 In section 21, in the definition of "child", for "spouse"
substitute "partner".
2.5 In section 22(2), for "widows" substitute "surviving
partners".
2.6 In section 29(1)(b), for "spouse" substitute "partner".
3. Parliamentary Salaries and Superannuation Act 1968
3.1 In section 10(1)—
(a) insert the following definitions— ' "domestic partner" of a person means a person to whom the person is not married but with whom, in the opinion of the Board, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);
"partner" of a person means—
(a)
in relation to a person who became entitled to benefits under this Act before the commencement of section 5 of the Statute Law Amendment (Relationships) Act 2001—
Statute Law Amendment (Relationships) Act 2001
| Sch. 3 | Sch. 3 | Act No. 27/2001 |
(i) the person's husband, wife, widower or widow; or
(ii) a person of the opposite sex who, though not married to the person, in the opinion of the Board lives with the person, or lived with the person at the date of the person's death, on a bona fide domestic basis as the person's husband or wife;
(b)
in any other case—the person's spouse or domestic partner;';
(b) in the definition of "child", for "spouse" substitute "partner"; (c) for the definition of "spouse" substitute— ' "spouse" of a person means a person to whom the person is, or was at the time of the person's death, married;'.
3.2 In section 10, after sub-section (1) insert—
'(1A) For the purposes of the definition of "domestic
persons are or were domestic partners of each other,
all the circumstances of their relationship are to be
taken into account, including any one or more of the
matters referred to in section 275(2) of the Propertypartner" in sub-section (1), in determining whether case.'.
3.3 In section 10(2), for "spouse" substitute "partner".
3.4 In section 13(4), for "spouses" substitute "partners".3.5 In section 15(3) and (4), for "spouse" substitute "partner".
3.6 In section 18(1A), (1), (2), (3), (4), (6), (7), (8) and (10), for
"spouse" (wherever occurring) substitute "partner".3.7 In section 21(3) and (4), for "widow" (wherever occurring)
substitute "surviving partner".
3.8 In section 23(3), for "spouse" substitute "partner".
4. State Employees Retirement Benefits Act 1979
4.1 In section 2(1)—
(a) insert the following definitions—
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001
' "domestic partner" of a person means a person to
whom the person is not married but with
whom, in the opinion of the Board, the person
is, or was at the time of the person's death,
living as a couple on a genuine domestic basis
(irrespective of gender);
"partner" means—
(a)
in relation to a person who became entitled to benefits under this Act before the commencement of section 5 of the Statute Law Amendment (Relationships) Act 2001—
(i) the person's husband, wife,
widower or widow; or(ii) a person of the opposite sex who, though not married to the person, in the opinion of the Board lives with the person, or lived with the person at the date of the person's death, on a bona fide domestic basis as the person's husband or wife;
(b)
in any other case—the person's spouse or domestic partner;';
(b) in the definition of "child", for "spouse" substitute "partner"; (c) for the definition of "spouse" substitute— ' "spouse" of a person means a person to whom the person is, or was at the time of the person's death, married;'.
4.2 In section 2, after sub-section (5) insert—
'(6) For the purposes of the definition of "domestic
persons are or were domestic partners of each other,
all the circumstances of their relationship are to be
taken into account, including any one or more of the
matters referred to in section 275(2) of the Propertypartner" in sub-section (1), in determining whether case.'.
4.3 In section 38(3), for "spouse" (wherever occurring)
substitute "partner".
Statute Law Amendment (Relationships) Act 2001
| Sch. 3 | Act No. 27/2001 |
4.4 In sections 42(1) and (2) and 43(2), for "spouse" substitute
"partner".
4.5 Insert the following heading to section 44—
"44. Benefits for partner and children on death of member
before retirement".
4.6 In section 44(1), (4) and (8), for "spouse" (wherever occurring) substitute "partner".
4.7 Insert the following heading to section 45—
"45. Benefits for partner and children on death of
pensioner".
4.8 In section 45(1), (2), (3), (6), (7), (8) and (9), for "spouse"
(wherever occurring) substitute "partner".4.9 Insert the following heading to section 47—
"47. Pension to child if no surviving partner".
4.10 Insert the following heading to section 48—
"48. Payments for children where partner dies".
4.11 In section 48, for "spouse" substitute "partner".
4.12 In section 55, for sub-section (3) substitute—
"(3) The Board must pay the balance of a beneficiary's
account—
(a)
to the member when the member attains the age of 65 years; or
(b)
if the member dies sooner—on the member's death to the member's partner or, if the member does not leave a partner, to the member's personal representative.".
4.13 In section 57(3), for "spouse" (wherever occurring)
substitute "partner".
4.14 In section 57, for sub-section (4), substitute—
"(4) If a partial disability pensioner dies before the age of 65 without leaving a partner, the Board must pay the balance of any lump sum held in the pensioner's name
in the Fund to the pensioner's personal
representative.".
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 3 4.15 In section 66, for "spouse" substitute "partner".
4.16 In section 68A(1), for "widows" substitute "surviving
partners".
4.17 In section 69(1)(b), for "spouse" substitute "partner".
5. State Superannuation Act 1988
5.1 In section 3(1)—
(a) insert the following definitions— ' "domestic partner" of a person means a person to whom the person is not married but with whom, in the opinion of the Board, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);
"partner" of a person means—
(a)
in relation to a person who became entitled to benefits under this Act before the commencement of section 5 of the Statute Law Amendment (Relationships) Act 2001—
(i) the person's husband, wife,
widower or widow; or(ii) a person of the opposite sex who, though not married to the person, in the opinion of the Board lives with the person, or lived with the person at the date of the person's death, on a bona fide domestic basis as the person's husband or wife;
(b)
in any other case—the person's spouse or domestic partner;';
(b) in the definition of "child", for "spouse" substitute "partner"; (c) in the definition of "dependant", for "spouse" substitute "partner"; (d) for the definition of "spouse" substitute— ' "spouse" of a person means a person to whom the person is, or was at the time of the person's death, married;'.
Statute Law Amendment (Relationships) Act 2001
| Sch. 3 | Act No. 27/2001 |
5.2 In section 3, after sub-section (7) insert—
'(8) For the purposes of the definition of "domestic
persons are or were domestic partners of each other,
all the circumstances of their relationship are to be
taken into account, including any one or more of the
matters referred to in section 275(2) of the Propertypartner" in sub-section (1), in determining whether case.'.
5.3 In section 32, for "spouse" substitute "partner".
5.4 Insert the following heading to section 36—
"36. Pension to partner or children on death of revised
scheme member".
5.5 In section 36(1), (2), (4) and (5), for "spouse" (wherever occurring) substitute "partner".
5.6 Insert the following heading to section 37—
"37. Pension to partner or children on death of revised
scheme member who is a pensioner".
5.7 In section 37(1), (2), (2A), (3) and (4), for "spouse"
(wherever occurring) substitute "partner". 5.8 In section 37, for sub-section (5) substitute—
"(5) A partner of a pensioner who became the pensioner's partner after the pensioner's retirement is not entitled to receive at the same time a pension as a surviving
partner and as a former contributor but is entitled to
whichever of those pensions is the greater.".
5.9 In section 39(1), (2), (3), (4) and (5), for "spouse"
substitute "partner".
5.10 Insert the following heading to section 40—
"40. Partner of a pensioner aged 60 years or over entitled
to convert part of pension to a lump sum".
5.11 In section 40(1), for "spouse" (wherever occurring)
substitute "partner".
5.12 Insert the following heading to section 41—
"41. Partner of deceased revised scheme member under
age 60 may convert whole of pension to a lump sum".
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 3 5.13 In sections 41(1)(a), 43(1), 47(3) and (5), 48(1), 53(2) and
(6), 61(6) and 68(1), for "spouse" (wherever occurring)
substitute "partner".
5.14 In section 69(1), for "spouses" substitute "partners".
5.15 Insert the following heading in section 78—
"78. Desertion by pensioner of partner or child".
5.16 In sections 78(1) and 91(5), for "spouse" (wherever
occurring) substitute "partner".
6. Superannuation (Portability) Act 1989
6.1 In section 3(1)—
(a) insert the following definitions— ' "child" in relation to a deceased member or former member means a child of the person or the person's partner other than any child born more than 10 months after the person's death who is—
(a) under 18 years of age; or
(b) between the age of 18 and 25 years and in the opinion of the administrators is a full-time student;
"domestic partner" of a person means a person to
whom the person is not married but with
whom, in the opinion of the administrators, the
person is, or was at the time of the person's
death, living as a couple on a genuine domestic
basis (irrespective of gender);
"partner" of a person means—
(a)
in relation to a person who became entitled to benefits under this Act before the commencement of section 5 of the Statute Law Amendment (Relationships) Act 2001—
(i) the person's husband, wife,
widower or widow; or(ii) a person of the opposite sex who, though not married to the person, in the opinion of the administrators
Statute Law Amendment (Relationships) Act 2001
| Sch. 3 | Act No. 27/2001 |
lives with the person, or lived with
the person at the date of the
person's death, on a bona fide
domestic basis as the person'shusband or wife;
(b)
in any other case—the person's spouse or domestic partner;';
(b) in the definition of "dependant", for "spouse" substitute "partner"; (c) for the definition of "spouse" substitute— ' "spouse" of a person means a person to whom the person is, or was at the time of the person's death, married;'.
6.2 In section 3, after sub-section (3) insert—
'(4) For the purposes of the definition of "domestic
persons are or were domestic partners of each other,
all the circumstances of their relationship are to be
taken into account, including any one or more of the
matters referred to in section 275(2) of the Propertypartner" in sub-section (1), in determining whether case.'.
6.3 In section 7(5), for "spouse" (wherever occurring)
substitute "partner".
7. Transport Superannuation Act 1988
7.1 In section 3(1)—
(a) insert the following definitions— ' "domestic partner" of a person means a person to whom the person is not married but with whom, in the opinion of the Board, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);
"partner" means—
Statute Law Amendment (Relationships) Act 2001
Sch. 3
Sch. 3
Act No. 27/2001
(a)
in relation to a person who became entitled to benefits under this Act before the commencement of section 5 of the Statute Law Amendment (Relationships) Act 2001—
(i) the person's husband, wife,
widower or widow; or(ii) a person of the opposite sex who, though not married to the person, in the opinion of the Board lives with the person, or lived with the person at the date of the person's death, on a bona fide domestic basis as the person's husband or wife;
(b)
in any other case—the person's spouse or domestic partner;';
(b) in the definition of "child", for "spouse" substitute "partner"; (c) in the definition of "dependant", for "spouse" substitute "partner"; (d) for the definition of "spouse" substitute— ' "spouse" of a person means a person to whom the person is, or was at the time of the person's death, married;'.
7.2 In section 3, after sub-section (4) insert—
'(5) For the purposes of the definition of "domestic
persons are or were domestic partners of each other,
all the circumstances of their relationship are to be
taken into account, including any one or more of the
matters referred to in section 275(2) of the Propertypartner" in sub-section (1), in determining whether case.'.
7.3 In section 30(4), for "spouse" substitute "partner".
__________________
Statute Law Amendment (Relationships) Act 2001
| Sch. 4 | Act No. 27/2001 |
SCHEDULE 4
Section 6
HEALTH RELATED LEGISLATION
1. Alcoholics and Drug-dependent Persons Act 1968
1.1 In section 3(1) insert the following definitions—
' "domestic partner" of a person means an adult person to
whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial
commitment and support of a domestic nature for the
material benefit of the other, irrespective of their
genders and whether or not they are living under the
same roof, but does not include a person who
provides domestic support and personal care to theperson—
(a) for fee or reward; or
(b)
on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
"spouse" of a person means a person to whom the person is
married;'.
1.2 In section 3, after sub-section (2) insert—
'(3) For the purposes of the definition of "domestic partner" in sub-section (1)—
(a)
in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case;
(b)
a person is not a domestic partner of another person only because they are co-tenants.'.
1.3 In sections 11(2)(a) and 26(4)(b)(ii), for "husband or wife"
substitute "spouse or domestic partner".
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 4
2. Coroners Act 1985
2.1 In section 3 insert the following definitions—
' "domestic partner" of a person means an adult person, to
whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial
commitment and support of a domestic nature for the
material benefit of the other, irrespective of their
genders and whether or not they are living under the
same roof, but does not include a person who
provides domestic support and personal care to theperson—
(a) for fee or reward; or
(b)
on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
"spouse" of a person means a person to whom that person
is married;'.
2.2 At the end of section 3 insert—
'(2) For the purposes of the definition of "domestic partner" in sub-section (1)—
(a)
in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case;
(b)
a person is not a domestic partner of another person only because they are co-tenants.'.
2.3 In section 29(5)—
(a) for paragraphs (a) and (b) substitute— "(a) if the person, immediately before death had a spouse or domestic partner—the spouse or domestic partner; or;
Statute Law Amendment (Relationships) Act 2001
| Sch. 4 | Act No. 27/2001 |
(b)
if the person immediately before death did not have a spouse or domestic partner or if the spouse or domestic partner is not available—a son or daughter of or over 18; or";
(b)
in paragraphs (c), (d) and (e), after "spouse," insert "domestic partner,".
2.4 In section 29, sub-section (6) is repealed.
2.5 In section 45(4)(b), after "spouse," insert "domestic
partner,".
3. Health Act 19583.1 In section 3(1), for the definition of "parent" substitute— ' "parent' includes—
(a) a step-parent;
(b) an adoptive parent;
(c) a foster parent;(d) a guardian;
(e)
a person who has day to day care and control of a child and with whom the child ordinarily resides;'.
3.2 In section 131 insert the following definitions—
' ''child" of a deceased person means a child of the person or of the person's spouse or domestic partner;
"dependant" of a deceased person means—
(a)
a person who was the spouse or domestic partner of the person at the date of the person's death;
(b) a child of the person;
(c) any other person who was, at the date of the person's death, wholly or partially dependant on the person for financial support;
"domestic partner" of a person means a person to whom
the person is not married but with whom the person is
living as a couple on a genuine domestic basis
(irrespective of gender);
"spouse" of a person means a person to whom the person is
married;'.
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 4 3.3 In section 3, after sub-section (2) insert—
'(3) For the purposes of the definition of "domestic
partner" in sub-section (1), in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into
account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case.'.
3.4 In section 144—
(a) in sub-section (1) omit "or a guardian";
(b)
in sub-sections (4) and (5) omit "or guardian" (wherever occurring).
3.5 In section 158, in the definition of "Maternal and Child
Health Centre" omit ", guardians".
4. Health Records Act 2001
4.1 In section 3(1)—
(a) insert the following definitions— ' "domestic partner" of a person means an adult
person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides
personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and
whether or not they are living under the same
roof, but does not include a person who
provides domestic support and personal care tothe person—
(a) for fee or reward; or
(b) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
"spouse" of a person means a person to whom the person is married;';
(b)
in the definition of "immediate family member", in paragraph (b), for "de facto spouse" substitute "domestic partner".
4.2 In section 3, after sub-section (2) insert—
Statute Law Amendment (Relationships) Act 2001
| Sch. 4 | Act No. 27/2001 |
'(3) For the purposes of the definition of "domestic partner" in sub-section (1)—
(a)
in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case;
(b)
a person is not a domestic partner of another person only because they are co-tenants.'.
5. Human Tissue Act 1982
5.1 In section 3(1)—
(a) insert the following definitions— ' "domestic partner" of a person means an adult
person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides
personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and
whether or not they are living under the same
roof, but does not include a person who
provides domestic support and personal care tothe person—
(a) for fee or reward; or
(b) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
"spouse" of a person means a person to whom the person is married;';
(b) in the definition of "senior available next of kin", in paragraph (b), for sub-paragraphs (i) and (ii) substitute— "(i) where the person, immediately before the person's death, had a spouse or domestic partner and that spouse or domestic partner is
available—the spouse or domestic partner;
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 4 (ii) where the person, immediately before the person's death, did not have a spouse or domestic partner or the spouse or domestic partner is not available—a son or daughter of the person who has attained the age of 18 years and who is available;".
5.2 In section 3, after sub-section (3) insert—
'(4) For the purposes of the definition of "domestic partner" in sub-section (1)—
(a)
in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case;
(b)
a person is not a domestic partner of another person only because they are co-tenants.'.
6. Mental Health Act 1986
In section 3(1), after the definition of "security patient" insert—
' "senior available next of kin" has the same meaning as in the Human Tissue Act 1982;'.
__________________
Statute Law Amendment (Relationships) Act 2001
| Sch. 5 | Act No. 27/2001 |
SCHEDULE 5
Section 7
CRIMINAL LAW LEGISLATION
1. Crimes (Family Violence) Act 1987
1.1 In section 3(1)—
(a) the definition of "de facto spouse" is repealed;
(b) insert the following definition— ' "domestic partner" of a person means an adult
person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides
personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and
whether or not they are living under the same
roof, but does not include a person who
provides domestic support and personal care tothe person—
(a) for fee or reward; or
(b) organisation (including a government or
on behalf of another person or an a charitable or benevolent organisation);';
(c) in the definition of "family member", in paragraph (a), after "spouse" insert "or domestic partner"; (d) for the definition of "spouse" substitute— ' "spouse" of a person means a person to whom the person is or was married;'.
1.2 In section 3(2), for "de facto spouses" (wherever occurring)
substitute "domestic partners".
1.3 In section 3, after sub-section (2) insert—
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 5 '(3) For the purposes of the definition of "domestic partner" in sub-section (1)—
(a)
in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case;
(b)
a person is not a domestic partner of another person only because they are co-tenants.'.
2. Victims of Crime Assistance Act 1996
2.1 In section 3(1) insert the following definitions—
' "domestic partner" of a person means an adult person to
whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial
commitment and support of a domestic nature for the
material benefit of the other, irrespective of their
genders and whether or not they are living under the
same roof, but does not include a person who
provides domestic support and personal care to theperson—
(a) for fee or reward; or
(b)
on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
"parent" of a child, means—
(a) a biological parent of the child;
(b) a step-parent of the child;
(c) an adoptive parent of the child;
(d) a foster parent of the child;(e) a guardian of the child;
(f)
a person who has responsibility for the care, welfare and development of the child;
"spouse" of a person means a person to whom the person is
married;'.
Statute Law Amendment (Relationships) Act 2001
| Sch. 5 | Act No. 27/2001 |
2.2 In section 3, after sub-section (3) insert—
'(4) For the purposes of the definition of "domestic partner" in sub-section (1)—
(a)
in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case;
(b)
a person is not a domestic partner of another person only because they are co-tenants.'.
2.3 In section 10A—
(a)
in sub-section (3)(a), for "or de facto spouse" substitute ", domestic partner or former domestic partner";
(b) in sub-section (4)—
(i) paragraph (a) is repealed;
(ii) in paragraph (b), for "de facto spouses" (where twice occurring) substitute "domestic partners".
__________________
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 6
SCHEDULE 6
Section 8
CONSUMER AND BUSINESS LEGISLATION
1. Co-operative Housing Societies Act 1958
1.1 In section 3(1) insert the following definitions—
' "domestic partner" of a person means an adult person to
whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial
commitment and support of a domestic nature for the
material benefit of the other, irrespective of their
genders and whether or not they are living under the
same roof, but does not include a person who
provides domestic support and personal care to theperson—
(a) for fee or reward; or
(b)
on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
"spouse" of a person means a person to whom the person is
married;'.
1.2 In section 3, after sub-section (5) insert—
'(6) For the purposes of the definition of "domestic partner" in sub-section (1)—
(a)
in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case;
(b)
a person is not a domestic partner of another person only because they are co-tenants.'.
1.3 In section 26(2) and (3), after "spouse" insert "or domestic
partner".
Statute Law Amendment (Relationships) Act 2001
| Sch. 6 | Act No. 27/2001 |
1.4 In section 58, for sub-section (5) substitute—
"(5) A valuator must not value any property offered as a
security for an advance in which any of the following
persons is directly or indirectly interested—
(a) the valuator;
(b) the valuator's spouse or domestic partner;
(c)
a relative of the valuator or of the valuator's spouse or domestic partner.".
2. Goods Act 1958
2.1 In section 114(4)—
(a) insert the following definitions— ' "domestic partner" of a person means an adult
person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides
personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and
whether or not they are living under the same
roof, but does not include a person who
provides domestic support and personal care tothe person—
(a) for fee or reward; or
(b) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
"spouse" of a person means a person to whom the person is married;';
(b)
in the definition of "guarantor", in paragraph (a), after "spouse" (where twice occurring) insert "or domestic partner".
2.2 In section 114, after sub-section (4) insert—
'(5) For the purposes of the definition of "domestic partner" in sub-section (4)—
(a)
in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account,
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 6 referred to in section 275(2) of the Property
including any one or more of the matters particular case;
(b)
a person is not a domestic partner of another person only because they are co-tenants.'.
3. Motor Car Traders Act 1986
3.1 In section 3(1) insert the following definitions—
' "domestic partner" of a person means an adult person to
whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial
commitment and support of a domestic nature for the
material benefit of the other, irrespective of their
genders and whether or not they are living under the
same roof, but does not include a person who
provides domestic support and personal care to theperson—
(a) for fee or reward; or
(b)
on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
"spouse" of a person means a person to whom the person is
married;'.
3.2 In section 3, after sub-section (9) insert—
'(10) For the purposes of the definition of "domestic partner" in sub-section (1)—
(a)
in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case;
(b)
a person is not a domestic partner of another person only because they are co-tenants.'.
3.3 In section 13A(1)(a) and (2)(a), for "defacto partner"
substitute "domestic partner".
Statute Law Amendment (Relationships) Act 2001
| Sch. 6 | Act No. 27/2001 |
4. Partnership Act 1958
4.1 Insert the following definitions in section 3—
' "domestic partner" of a person means an adult person to
whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial
commitment and support of a domestic nature for the
material benefit of the other, irrespective of their
genders and whether or not they are living under the
same roof, but does not include a person who
provides domestic support and personal care to theperson—
(a) for fee or reward; or
(b)
on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
"spouse" of a person means a person to whom the person is
married;'.
4.2 At the end of section 3 insert—
'(2) For the purposes of the definition of "domestic partner" in sub-section (1)—
(a)
in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case;
(b)
a person is not a domestic partner of another person only because they are co-tenants.'.
4.3 In section 6(3)(c), for "spouse" substitute "spouse,
domestic partner".
5. Prostitution Control Act 1994
5.1 In section 3 insert the following definitions—
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 6 ' "domestic partner" of a person means an adult person to
whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial
commitment and support of a domestic nature for the
material benefit of the other, irrespective of their
genders and whether or not they are living under the
same roof, but does not include a person who
provides domestic support and personal care to theperson—
(a) for fee or reward; or
(b)
on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
"spouse" of a person means a person to whom the person is
married;'.
5.2 At the end of section 3 insert—
'(2) For the purposes of the definition of "domestic partner" in sub-section (1)—
(a) in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case; (b) a person is not a domestic partner of another person only because they are co-tenants.'.
5.3 In sections 23(3)(b) and (c), 37(2)(a) and (3)(a), 51(2)(a) and (3)(a), 75(3)(a) and (3A)(a) and 77(3)(a) and (3A)(a), for "defacto partner" (wherever occurring) substitute
"domestic partner".
6. Retirement Villages Act 1986
6.1 In section 3(1)—
Statute Law Amendment (Relationships) Act 2001
| Sch. 6 | Act No. 27/2001 |
(a) insert the following definitions— ' "domestic partner" of a person means an adult
person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides
personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and
whether or not they are living under the same
roof, but does not include a person who
provides domestic support and personal care tothe person—
(a) for fee or reward; or
(b) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
"spouse" of a person means a person to whom the person is married;';
(b)
in the definition of "retired person", in paragraphs (b) and (c), after "spouse" insert "or domestic partner".
6.2 In section 3, after sub-section (2) insert—
'(3) For the purposes of the definition of "domestic partner" in sub-section (1)—
(a)
in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case;
(b)
a person is not a domestic partner of another person only because they are co-tenants.'.
7. Second-Hand Dealers and Pawnbrokers Act 1989
7.1 In section 3(1)—
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 6
(a) insert the following definitions— ' "domestic partner" of a person means an adult
person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides
personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and
whether or not they are living under the same
roof, but does not include a person who
provides domestic support and personal care tothe person—
(a) for fee or reward; or
(b) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
"spouse" of a person means a person to whom the person is married;';
(b)
in the definition of "associate", in paragraph (a), for "de facto spouse" (where twice occurring) substitute "domestic partner".
7.2 In section 3, after sub-section (2) insert—
'(3) For the purposes of the definition of "domestic partner" in sub-section (1)—
(a)
in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case;
(b)
a person is not a domestic partner of another person only because they are co-tenants.'.
8. Trustee Companies Act 1984
8.1 In section 4(1) insert the following definitions—
Statute Law Amendment (Relationships) Act 2001
| Sch. 6 | Act No. 27/2001 |
' "domestic partner" of a person means an adult person to
whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial
commitment and support of a domestic nature for the
material benefit of the other, irrespective of their
genders and whether or not they are living under the
same roof, but does not include a person who
provides domestic support and personal care to theperson—
(a) for fee or reward; or
(b)
on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
"spouse" of a person means a person to whom the person is
married;'.
8.2 In section 4, after sub-section (4) insert—
'(5) For the purposes of the definition of "domestic partner" in sub-section (1)—
(a)
in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case;
(b)
a person is not a domestic partner of another person only because they are co-tenants.'.
8.3 In section 27(1), after "spouse," insert "domestic partner,".
__________________
Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Sch. 7
SCHEDULE 7
Section 9
GENERAL LEGISLATION
1. Equal Opportunity Act 1995
1.1 In section 4—
(a) insert the following definitions— ' "domestic partner" of a person means a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
"spouse" of a person means a person to whom the person is married;';
(b) the definition of "de facto spouse" is repealed;
(c) in the definition of "marital status", for paragraph (c) "(c) a domestic partner;";
(d)
in the definition of "relative", for "de facto spouse" (wherever occurring) substitute "domestic partner".
1.2 At the end of section 4 insert—
'(2) For the purposes of the definition of "domestic
partner" in sub-section (1), in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into
account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case.'.
2. Guardianship and Administration Act 1986
2.1 In section 3(1)—
(a) insert the following definitions— ' "domestic partner" of a person means an adult
person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides
personal or financial commitment and support of a domestic nature for the material benefit of
Statute Law Amendment (Relationships) Act 2001
Sch. 7
| Sch. 7 | Act No. 27/2001 |
| the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person— |
(a) for fee or reward; or
(b) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation); "spouse" of a person means a person to whom the person is married;';
(b) in the definition of "nearest relative", after "spouse" (where twice occurring) insert "or domestic partner".
2.2 In section 3(2), paragraph (b) is repealed. 2.3 In section 3, after sub-section (3) insert—
'(4) For the purposes of the definition of "domestic partner" in sub-section (1)—
(a)
in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case;
(b)
a person is not a domestic partner of another person only because they are co-tenants.'.
2.4 In section 37—
(a)
in sub-section (1)(f), after "spouse" insert "or domestic partner";
(b) in sub-section (4)—
(i) after "spouse" (where twice occurring) insert "or domestic partner";
(ii) paragraph (b) is repealed.
2.5 In section 58B(2)(o), for "de facto spouse" substitute
"domestic partner".
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Statute Law Amendment (Relationships) Act 2001
Act No. 27/2001 Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 23 November 2000
Legislative Council: 3 May 2001
The long title for the Bill for this Act was "to amend various Acts to
recognise the rights and responsibilities of partners in domestic
relationships irrespective of the gender of each partner and for other
purposes."
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