Statute Law Further Amendment (Relationships) Act 2001 (Vic)
Statute Law Further Amendment (Relationships)
Act 2001
Act No. 72/2001
TABLE OF PROVISIONS
Section Page
1. Purpose and object 1 2. Commencement 2 3. Amendment of Acts 2 4. Amendment of Statute Law Amendment (Relationships) Act 2001 2 5. Amendment of Parliamentary Salaries and Superannuation Act 1968 3
__________________
SCHEDULE—Amendment of Acts 6
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ENDNOTES 20
i
Victoria
No. 72 of 2001
Statute Law Further Amendment
(Relationships) Act 2001†
[Assented to 7 November 2001]
The Parliament of Victoria enacts as follows:
1. Purpose and object
(1) The purpose of this Act is to amend specified 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 Further Amendment (Relationships) Act 2001
| s. 2 | Act No. 72/2001 |
(3) It is a further object of this Act to prevent
discrimination under legislation specified in this 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) Sections 1 and 4 and this section come into
operation on the day on which this Act receives
the Royal Assent.(2) Section 5 is deemed to have come into operation on 23 August 2001.
(3) Subject to sub-section (4), the remaining
provisions of this Act (including the items in the be proclaimed.
(4) If a provision referred to in sub-section (3) does
not come into operation before 1 July 2002, it
comes into operation on that day.
3. Amendment of Acts
An Act specified in the heading to an item in the Schedule is amended, on the commencement of that item or a provision of that item, as set out in that item or provision.
4. Amendment of Statute Law Amendment (Relationships) Act 2001
See:
| Act No. | In Schedule 1 to the Statute Law Amendment |
| 27/2001. | (Relationships) Act 2001— |
| Statute Book: | |
| (a) in item 9.4, in proposed section 276— | |
dpc.vic. gov.au |
Statute Law Further Amendment (Relationships) Act 2001
Act No. 72/2001 s. 5 (i) in sub-section (1), for "the "the commencement of item 9.4 of that Schedule";
(ii) in sub-section (2), for "item 9" substitute "item 9.4";
(b) item 13 is repealed.
5. Amendment of Parliamentary Salaries and Superannuation Act 1968
See:
(1) In section 21A(3) of the Parliamentary Salaries and Superannuation Act 1968, for
Act No.
7723/1968.
Reprint No. 7
"sub-section (4)" substitute "this section". as at
31 May 2000
(2) In section 21A of the Parliamentary Salaries and
and Superannuation Act 1968, after amending
Act Nossub-section (4) insert— 74/2000 and
27/2001.'(5) For the purposes of determining the LawToday: entitlement to benefits in respect of a person
dpc.vic.to whom this Division applies, other than a gov.au this Act before 23 August 2001, the
following modifications to the
Commonwealth Parliamentary Contributoryperson who became entitled to benefits under to the modifications in section 21C—
(a) subject to paragraph (d), a person is not to be taken to have had a marital relationship with another person unless the person was legally married to that other person; Note: Section 4B of the Commonwealth Act
sets out the criteria for determining
whether a person had a marital
relationship with another person.
Statute Law Further Amendment (Relationships) Act 2001
| s. 5 | Act No. 72/2001 |
(b)
a reference to a spouse who survives a deceased person is to be construed as including a reference to a domestic partner who survives a deceased person;
(c)
a reference to a former spouse is to be construed as including a reference to a former domestic partner;
(d)
a reference in section 19AA to a marital relationship is to be construed as including a reference to a domestic relationship.
(6) For the purposes of sub-section (5)(b), a
person is a domestic partner who survives a
deceased person if—
(a) the person had a domestic relationship with the deceased person at the time of death of the deceased person ("the death"); and
(b)
in the case of a deceased person who was a retired member at the time of the death—
(i) the domestic relationship began
before the retired member became
a retired member; or(ii) the domestic relationship began
after the retired member became a
retired member but before the
retired member reached 60; or(iii) paragraph (i) nor (ii) applying—
the domestic relationship hadin the case of neither sub- 5 years up to the time of the death.
Statute Law Further Amendment (Relationships) Act 2001
Act No. 72/2001 s. 5 (7) For the purposes of sub-sections (5)(d) and
(6), a person had a domestic relationship
with another person at a particular time if the
persons, although not married to each other,
were living together as a couple on a genuine
domestic basis (irrespective of gender) at
that time and—
(a) the persons had been so living together 3 years up to that time; or
(b) for a continuous period of less than
the persons had been so living together Parliamentary Trustee, having regard to any relevant evidence, is of the opinion that the persons so lived together at that time.
(8) A domestic relationship is taken to have begun at the beginning of the continuous period mentioned in sub-section (7)(a)
and (b).
(9) In determining whether a person had a
domestic relationship with another person, 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 Law Act 1958 as
may be relevant in a particular case.
(10) In this section—
"former domestic partner", in relation to
another person, means a person who
previously had had a domestic
relationship with that other person.'.
__________________
Statute Law Further Amendment (Relationships) Act 2001
| Sch. | Act No. 72/2001 |
SCHEDULE
Section 3
AMENDMENT OF ACTS
1. Architects Act 1991
1.1 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 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)—
(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 14(2), for "de facto spouse" substitute "domestic
partner".
Statute Law Further Amendment (Relationships) Act 2001
Act No. 72/2001 Sch. 2. Children and Young Persons Act 1989
2.1 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 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) in the definition of "parent", for paragraph (c) substitute—
"(c) the domestic partner of the father or mother of
the child; and".
2.2 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.'.
3. Conservation, Forests and Lands Act 1987
3.1 In section 56 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 deceased conservation worker means the
worker's spouse or domestic partner at the time of the
worker's death;
"spouse" of a person means a person to whom the person is
married;'.
3.2 At the end of section 56 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
Statute Law Further Amendment (Relationships) Act 2001
| Sch. | Act No. 72/2001 |
referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case.'.
3.3 In section 58(1), for "spouse" substitute "partner".
4. Corrections Act 1986
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 living as a couple on a genuine domestic basis
(irrespective of gender);
"near relative" of a prisoner means—
(a) a partner of the prisoner;
(b)
a parent or grandparent of the prisoner or of a partner of the prisoner;
(c)
a child or grandchild (of any age) of the prisoner or of a partner of the prisoner;
(d)
a sibling of the prisoner or of a partner of the prisoner;
"partner" of a person means the person's spouse or
domestic partner;
"relative" of a prisoner means—
(a) a partner of the prisoner;
(b)
a parent or grandparent of the prisoner or of a partner of the prisoner;
(c)
a child or grandchild (of any age) of the prisoner or of a partner of the prisoner;
(d)
a sibling of the prisoner or of a partner of the prisoner;
(e)
a child (of any age) of a sibling of the prisoner or of a sibling of a partner of the prisoner;
(f)
a child (of any age) of a sibling of a parent of the prisoner or of a sibling of a parent of a partner of the prisoner;
"spouse" of a person means a person to whom the person is
married;'.
4.2 At the end of section 3 insert—
Statute Law Further Amendment (Relationships) Act 2001
Act No. 72/2001 Sch. '(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 31, after sub-section (3) insert—
'(4) In this section, "parent" of a child means a person who would have day to day care and control of the child and with whom the child would ordinarily be resident if the person were not in prison.'.
5. Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
5.1 In section 3—
(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)
for the definition of "family member" substitute— ' "family member" of a person means—
(a)
a spouse or domestic partner, parent, guardian or sibling of the person; or
Statute Law Further Amendment (Relationships) Act 2001
| Sch. | Act No. 72/2001 |
(b)
a child of the person or of the person's spouse or domestic partner;'.
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.'.
6. Discharged Servicemen's Preference Act 1943
6.1 In section 2(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;'.
6.2 In section 2, after sub-section (1) insert—
'(1A) 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
Statute Law Further Amendment (Relationships) Act 2001
Act No. 72/2001 Sch. including any one or more of the matters
referred to in section 275(2) of the Propertytheir relationship are to be taken into account, particular case;
(b) a person is not a domestic partner of another person only because they are co-tenants.'. 6.3 In section 8(b)(i), for "wife husband" substitute "spouse, domestic partner,".
7. Estate Agents Act 1980
7.1 In section 4 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;'.
7.2 At the end of section 4 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.'.
Statute Law Further Amendment (Relationships) Act 2001
| Sch. | Act No. 72/2001 |
7.3 In section 15—
(a) in sub-sections (1A)(c) and (1B), after "spouse" insert "or domestic partner"; (b) in sub-section (2A), after paragraph (a) insert— "(ab) the domestic partner of that agent's
representative has been at any time on and from the commencement of item 7.3 of Schedule 1 to the Statute Law Further Amendment
(Relationships) Act 2001 a director of thecorporation; or".
7.4 In section 15(7), after "spouse" insert "or domestic partner".
7.5 In section 55(8) and (10), after "spouse" (wherever
occurring) insert "or domestic partner".
8. Firearms Act 1996
8.1 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;'.
8.2 In section 3, after sub-section (1) insert—
'(1A) 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
Statute Law Further Amendment (Relationships) Act 2001
Act No. 72/2001 Sch. referred to in section 275(2) of the Property particular case;
(b)
a person is not a domestic partner of another person only because they are co-tenants.'.
8.3 In section 84—
(a)
in sub-section (2), for "widow or widower" substitute "surviving spouse or domestic partner";
(b)
in sub-section (4), after "spouse" insert "or domestic partner".
9. Legal Practice Act 1996
9.1 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 "family member", for "de facto spouse" substitute "domestic partner".
9.2 In section 3, after sub-section (1) insert—
'(1A) 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
Statute Law Further Amendment (Relationships) Act 2001
| Sch. | Act No. 72/2001 |
| including any one or more of the matters | |
| their relationship are to be taken into account, particular case; |
(b)
a person is not a domestic partner of another person only because they are co-tenants.'.
10. Meat Industry Act 1993
10.1 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;'.
10.2 In section 3, after sub-section (1A) 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.'.
Statute Law Further Amendment (Relationships) Act 2001
Act No. 72/2001 Sch.
10.3 In section 16(4), in the definition of "relative", for
"(including de facto spouse)" substitute "or domestic
partner".
11. Racing Act 1958
11.1 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.'.
11.2 In section 3, after sub-section (1) insert—
'(1A) 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.'.
11.3 In section 45A(3), for "he or his spouse" substitute "the
member or the member's spouse or domestic partner".
11.4 In section 45A, for sub-section (6) substitute—
Statute Law Further Amendment (Relationships) Act 2001
| Sch. | Act No. 72/2001 |
"(6) The interest of a member's spouse or domestic partner is deemed, for the purposes of this section, to be also the interest of the member if—
(a) they are living together; and
(b) the member knows of the interest.".
11.5 In section 45A(7)—
(a)
for "he or his spouse" (where first occurring) substitute "the member or the member's spouse or domestic partner";
(b)
omit "that he or his spouse is" where secondly occurring.
11.6 In section 75A(3), for "he or his spouse" substitute "the
member or the member's spouse or domestic partner".
11.7 In section 75A, for sub-section (6) substitute—
"(6) The interest of a member's spouse or domestic partner is deemed, for the purposes of this section, to be also the interest of the member if—
(a) they are living together; and
(b) the member knows of the interest.".
11.8 In section 75A(7)—
(a)
for "he or his spouse" (where first occurring) substitute "the member or the member's spouse or domestic partner";
(b)
omit "that he or his spouse is" where secondly occurring.
12. Water Act 1989
12.1 In section 3(1) insert the following definitions—
' "domestic partner" of a person means—
(a) whom the person is not married but with whom
the person is in a relationship as a couple wherein sections 93 and 95—an adult person to financial commitment and support of a domestic nature for the material benefit of the
Statute Law Further Amendment (Relationships) Act 2001
Act No. 72/2001 Sch. 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—(i) for fee or reward; or
(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
(b) in section 128—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 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.'.
12.3 In section 93, for sub-section (7) substitute—
"(7) The interest of a member's spouse or domestic partner
must, if known to the member, be taken to be an
interest of the member for the purposes of this
section.".
12.4 In section 95(7)—
(a)
in paragraph (e), for "person related to him or her by blood or marriage" substitute "relative";
(b)
in paragraph (f), for "person related to him or her by blood or marriage of which interest he or she is
Statute Law Further Amendment (Relationships) Act 2001
| Sch. | Act No. 72/2001 |
aware, and which he or she" substitute "relative of
which interest the person is aware and which theperson".
12.5 In section 95, after sub-section (7) insert—
"(7A) In this section "relative" of a member or nominated
officer includes a domestic partner, or relative of a
domestic partner, of the member or nominated
officer.".
12.6 In section 128—
(a)
after "spouse" (wherever occurring) insert "or domestic partner";
(b) after "spouses" insert "or domestic partners".
13. Witness Protection Act 1991
13.1 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);
"member of the family" of a witness includes—
(a)
a spouse or domestic partner, parent or sibling of the witness; or
(b)
a child of the witness or of the witness's spouse or domestic partner;
"spouse" of a person means a person to whom the person is
married;'.
13.2 At the end of section 3 insert—
Statute Law Further Amendment (Relationships) Act 2001
Act No. 72/2001 Sch. '(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.'.
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Statute Law Further Amendment (Relationships) Act 2001
| Endnotes | Act No. 72/2001 |
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 19 September 2001
Legislative Council: 18 October 2001
The long title for the Bill for this Act was "to amend further 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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