Statutes Amendment (Domestic Partners) Act 2006 (SA)

South Australia

Statutes Amendment (Domestic Partners) Act 2006

An Act to amend the Family Relationships Act 1975 and various other Acts to provide for recognition of certain domestic relationships.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Statutes Amendment (Domestic Partners) Act 2006.

2—Commencement

(1)
This Act will come into operation on a day to be fixed by proclamation.
(2)
Section 7(5) of the Acts Interpretation Act 1915 does not apply in relation to the commencement of this Act or any provision of this Act.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Family Relationships Act 1975

4—Amendment of section 5—Interpretation

Section 5, definition of the Court—delete the definition and substitute:
Court means the Supreme Court, the District Court or the Magistrates Court;

5—Substitution of Part 3

Part 3—delete Part 3 and substitute:
Part 3—Domestic partners
11—Interpretation
In this Part—
close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include—
(a)
the relationship between a legally married couple; or
(b)
a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind.
Note—
Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.
11A—Domestic partners
A person is, on a certain date, the domestic partner of another person if he or she is, on that date, living with that person in a close personal relationship and—
(a)
he or she—
(i)
has so lived with that other person continuously for the period of 3 years immediately preceding that date; or
(ii)
has during the period of 4 years immediately preceding that date so lived with that other person for periods aggregating not less than 3 years; or
(b)
a child, of whom he or she and the other person are the parents, has been born (whether or not the child is still living at that date).
11B—Declaration as to domestic partners
(1)
A person whose rights or obligations depend on whether—
(a)
he or she and another person; or
(b)
2 other persons,
were, on a certain date, domestic partners 1 of the other may apply to the Court for a declaration under this section.
(2)
If, on an application, the Court is satisfied that—
(a)
the persons in relation to whom the declaration is sought were, on the date in question, domestic partners within the meaning of section 11A; or
(b)
in any other case—
(i)
the persons in relation to whom the declaration is sought were, on the date in question, living together in a close personal relationship; and
(ii)
the interests of justice require that such a declaration be made,
the Court must declare that the persons were, on the date in question, domestic partners 1 of the other.
(3)
When considering whether to make a declaration under this section, the Court must take into account all of the circumstances of the relationship between the persons in relation to whom the declaration is sought, including any 1 or more of the following matters as may be relevant in a particular case:
(a)
the duration of the relationship;
(b)
the nature and extent of common residence;
(c)
the degree of financial dependence and interdependence, or arrangements for financial support;
(d)
the ownership, use and acquisition of property;
(e)
the degree of mutual commitment to a shared life;
(f)
any domestic partnership agreement made under the Domestic Partners Property Act 1996;
(g)
the care and support of children;
(h)
the performance of household duties;
(i)
the reputation and public aspects of the relationship.
(4)
A declaration may be made—
(a)
whether or not 1 or both of the persons in relation to whom the declaration is sought are, or ever have been, domiciled in this State; or
(b)
despite the fact that 1 or both of them are dead.
(5)
It must not be inferred from the fact that the Court has declared that 2 persons were domestic partners 1 of the other, on a certain date, that they were domestic partners as at any prior or subsequent date.
(6)
For the purpose of determining whether a person was, on a certain date, the domestic partner of another, circumstances occurring before or after the commencement of this Part may be taken into account.

6—Substitution of section 13

Section 13—delete the section and substitute:
13—Confidentiality of proceedings
(1)
Protected information is information relating to an application under this Act (including images) that identifies, or may lead to the identification of—
(a)
an applicant; or
(b)
a person who is related to, or associated with, an applicant or is, or is alleged to be, in any other way connected in the matter to which the application relates; or
(c)
a witness in the hearing of the application.
(2)
A person who publishes protected information is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
(3)
A person who discloses protected information knowing that, in consequence of the disclosure, the information will, or is likely to, be published is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
(4)
This section does not apply to—
(a)
the publication or disclosure of material—
(i)
by the Court or an employee of the Courts Administration Authority (so long as such publication or disclosure is made in connection with the administrative functions of the Court); or
(ii)
for purposes associated with the administration of this Act or another Act relevant to the application; or
(b)
the publication in printed or electronic form of material that—
(i)
consists solely or primarily of the reported judgments or decisions of the Court; or
(ii)
is of a technical nature designed primarily for use by legal practitioners.
(5)
In this section—
newspaper means a newspaper, journal, magazine or other publication that is published at periodic intervals;
publish means publish by newspaper, radio or television, or on the internet, or by some other similar means of communication to the public.

7—Transitional provision

If, before the commencement of this section, a declaration has been made under Part 3 of the Family Relationships Act 1975 that a person was, on a certain date, the putative spouse of another, the declaration will, if the case requires, be taken to be that the person was, on that date, the domestic partner of the other.

Part 3—Amendment of Adelaide Dolphin Sanctuary Act 2005

8—Amendment of section 3—Interpretation

(1)
Section 3(1)—after the definition of domestic activity insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 3(1)—after the definition of Sanctuary insert:
spouse—a person is the spouse of another if they are legally married;
(3)
Section 3(2)(b)—after "spouse," insert:
domestic partner,

Part 4—Amendment of Administration and Probate Act 1919

9—Amendment of section 4—Interpretation

(1)
Section 4—after the definition of deliver insert:
domestic partner, in relation to a deceased person, means a person declared under the Family Relationships Act 1975 to have been the domestic partner of the deceased as at the date of his or her death;
(2)
Section 4, definition of lawful spouse—delete the definition
(3)
Section 4, definition of putative spouse—delete the definition
(4)
Section 4, definition of spouse—delete the definition and substitute:
spouse, in relation to a deceased person, means a person who was legally married to the deceased as at the date of his or her death;
10—Amendment of section 37—If executor or administrator out of jurisdiction, special administrator may be appointed
Section 37—after "spouse" insert:
or domestic partner
11—Amendment of section 71—Payment without production of probate or letters of administration
(1)
Section 71(1)—after "spouse" insert:
or domestic partner
(2)
Section 71(1a)—after "spouse" insert:
or domestic partner
12—Amendment of section 72—Payment by ADI of sums not exceeding $2 000
Section 72(1)—delete "widow or husband" wherever occurring and substitute in each case:
spouse or domestic partner
13—Amendment of section 72E—Presumption of survivorship not to apply
(1)
Section 72E—delete "his spouse" and substitute:
the intestate's spouse or domestic partner
(2)
Section 72E—after "the spouse" insert:
or domestic partner
14—Amendment of section 72F—Value of intestate estate
Section 72F(b)—after "spouse" insert:
or domestic partner
15—Amendment of section 72G—Distribution of intestate estate
Section 72G—after "spouse" wherever occurring insert in each case:
or domestic partner

16—Substitution of section 72H

Section 72H—delete the section and substitute:
72H—Division of estate when deceased is survived by spouse and/or domestic partner
(1)
If an intestate is survived by a spouse or domestic partner, the spouse or domestic partner (as the case may be) is entitled to any personal chattels of the intestate.
(2)
If an intestate is survived by a spouse and a domestic partner, each is entitled to an equal share of the property (including personal chattels of the intestate) that would have devolved on the spouse or domestic partner if the intestate had been survived only by a single spouse or domestic partner.
(3)
If a dispute arises between a surviving spouse and a domestic partner as to the division between them of personal chattels of an intestate, the administrator may sell the personal chattels and divide the proceeds of the sale equally between them.
17—Amendment of section 72K—Gifts to be brought into hotchpot
Section 72K(1)—after "spouse" wherever occurring insert in each case:
or domestic partner
18—Amendment of section 72L—Election by spouse or domestic partner to take dwellinghouse
(1)
Section 72L(1)—delete "his spouse" and substitute:
a spouse or domestic partner
(2)
Section 72L(1)—after "the spouse" wherever occurring insert in each case:
or domestic partner
(3)
Section 72L(2)—after "spouse" wherever occurring insert in each case:
or domestic partner
(4)
Section 72L(3)—after "spouse" wherever occurring insert in each case:
or domestic partner
(5)
Section 72L(4)—after "spouse" wherever occurring insert in each case:
or domestic partner
(6)
Section 72L(5)—after "spouse" insert:
or domestic partner
19—Amendment of section 72M—Limitation on right of personal representative to sell interest in dwellinghouse
(1)
Section 72M(1)—after "spouse" wherever occurring insert in each case:
or domestic partner
(2)
Section 72M(1)(b)(i)—delete subparagraph (i) and substitute:
(i)
the dwellinghouse has ceased to be the ordinary place of residence of the spouse or domestic partner; or

20—Transitional provision

An amendment made by this Act to the Administration and Probate Act 1919 applies only in relation to the estate of a deceased person whose death occurs after the commencement of the amendment.

Part 5—Amendment of Aged and Infirm Persons' Property Act 1940

21—Amendment of section 3—Interpretation

(1)
Section 3(1)—after the definition of court insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 3(1)—after the definition of protected person insert:
spouse—a person is the spouse of another if they are legally married.
22—Amendment of section 8—Application for protection order
Section 8(1)(b)—delete "husband or wife" and substitute:
spouse or domestic partner
23—Amendment of section 8A—Protection order on court's own initiative
Section 8A(4)(b)—delete "husband or wife" and substitute:
spouse or domestic partner

24—Amendment of section 10—Appointment of manager

Section 10(1)—delete "husband or wife" and substitute:
spouse, domestic partner
25—Amendment of section 12—Exemption of part of estate
Section 12(2)—delete "wife or husband" and substitute:
spouse, domestic partner

26—Amendment of section 13—Powers of manager

Section 13(1)4—delete "wife or husband" and substitute:
spouse or domestic partner

Part 6—Amendment of Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
27—Amendment of section 25—Special provisions relating to Mintabie precious stones field
(1)
Section 25(2)(c)—delete "lawful or de facto spouse," and substitute:
spouse or domestic partner,
(2)
Section 25(9)—before the definition of the designated officer insert:
close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include—
(a)
the relationship between a legally married couple; or
(b)
a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;
Note—
Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.
(3)
Section 25(9)—after the definition of the designated officer insert:
domestic partner—a person is the domestic partner of another if he or she lives with the other in a close personal relationship;
spouse—a person is the spouse of another if they are legally married.

Part 7—Amendment of ANZAC Day Commemoration Act 2005

28—Amendment of section 3—Interpretation

(1)
Section 3—after the definition of Council insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 3—after the definition of RSL insert:
spouse—a person is the spouse of another if they are legally married;

29—Amendment of section 16—Application of Fund

(1)
Section 16(1)(d)—after "spouses" insert:
, domestic partners
(2)
Section 16(1)(e)—delete "or including, veterans or the spouses," and substitute:
of or including, veterans or the spouses, domestic partners,

Part 8—Amendment of Architects Act 1939

30—Amendment of section 32A—Registration of company as architect
(1)
Section 32A(1)(f)—after "spouse" insert:
or domestic partner
(2)
Section 32A(1)(f)—delete "shall, upon the dissolution or annulment of his marriage with that person" and substitute:
will, on the occurrence of a prescribed event
(3)
Section 32A(2)—before the definition of prescribed qualification insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
prescribed event means—
(a)
if the shareholder is married to a director or employee of the company—the dissolution or annulment of the marriage;
(b)
if the shareholder is the domestic partner of a director or employee of the company—the cessation of that relationship;
(4)
Section 32A(2), definition of relative—after "spouse," insert:
domestic partner,
(5)
Section 32A(2)—after the definition of relative insert:
spouse—a person is the spouse of another if they are legally married.

31—Transitional provision

From the commencement of this section, a reference to a relative or spouse in the memorandum and articles of association or constitution of a company that is registered as an architect under the Architects Act 1939 will, where the context so admits or requires, be taken to include a reference to a domestic partner.

Part 9—Amendment of Associations Incorporation Act 1985

32—Amendment of section 3—Interpretation

(1)
Section 3(1)—after the definition of the Commission insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 3(1), definition of putative spouse—delete the definition
(3)
Section 3(1)—after the definition of special resolution insert:
spouse—a person is the spouse of another if they are legally married;
(4)
Section 3(6)(b)—delete "putative spouse" and substitute:
domestic partner
33—Amendment of section 18—Eligibility for incorporation
Section 18(6)(b)—after "spouses," insert:
domestic partners,

Part 10—Amendment of Authorised Betting Operations Act 2000

34—Amendment of section 3—Interpretation

(1)
Section 3(1)—after the definition of compliance notice insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 3(1)—after the definition of racing distribution agreement insert:
spouse—a person is the spouse of another if they are legally married;

35—Amendment of section 5—Close associates

Section 5(1)(a)—after "spouse," insert:
domestic partner,

Part 11—Amendment of Carers Recognition Act 2005

36—Amendment of section 4—Interpretation

(1)
Section 4—after the definition of Carers Charter insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 4—after the definition of reporting organisation insert:
spouse—a person is the spouse of another if they are legally married.

37—Amendment of section 5—Meaning of carer

Section 5(3)(a)—delete "de facto partner" and substitute:
domestic partner

Part 12—Amendment of Casino Act 1997

38—Amendment of section 3—Interpretation

(1)
Section 3(1)—after the definition of compliance notice insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 3(1)—after the definition of police officer insert:
spouse—a person is the spouse of another if they are legally married;

39—Amendment of section 4—Close associates

Section 4(1)(a)—after "spouse," insert:
domestic partner,

Part 13—Amendment of Chiropractic and Osteopathy Practice Act 2005

40—Amendment of section 54—Interpretation

(1)
Section 54—before the definition of health product insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 54, definition of prescribed relative—after "spouse," insert:
domestic partner,
(3)
Section 54, definitions of putative spouse and spouse—delete the definitions and substitute:
spouse—a person is the spouse of another if they are legally married.

Part 14—Amendment of City of Adelaide Act 1998

41—Amendment of Schedule 2—Register of interests—form of returns
(1)
Schedule 2, clause 1(1)—after the definition of beneficial interest insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Schedule 2, clause 1(1), definition of family, (a)—after "spouse" insert:
or domestic partner
(3)
Schedule 2, clause 1(1), definition of spouse—delete the definition and substitute:
spouse—a person is the spouse of another if they are legally married;

Part 15—Amendment of Civil Liability Act 1936

42—Amendment of section 3—Interpretation

(1)
Section 3—after the definition of damages insert:
domestic partner, in relation to any cause of action arising under this Act, means a person declared under the Family Relationships Act 1975 to have been a domestic partner on the day on which the cause of action arose;
(2)
Section 3, definition of putative spouse—delete the definition
(3)
Section 3, definition of spouse—delete the definition and substitute:
spouse, in relation to any cause of action arising under this Act, means a person who was legally married to another on the day on which the cause of action arose;
43—Amendment of section 24—How to bring action etc
(1)
Section 24(1)—delete "wife, husband," and substitute:
spouse, domestic partner,
(2)
Section 24(4)—delete "legal spouse and a putative spouse" and substitute:
spouse and a domestic partner
(3)
Section 24(7)—delete "putative spouse" wherever occurring and substitute in each case:

domestic partner
(4)
Section 24(7)—delete "spouse" third occurring and substitute:
domestic partner
44—Amendment of section 29—Liability to surviving spouse or domestic partner of person wrongfully killed
(1)
Section 29(1)—after "spouse" wherever occurring insert in each case:
or domestic partner
(2)
Section 29(2)—delete "lawful"
(3)
Section 29(2)—delete "putative spouse" and substitute:
domestic partner
(4)
Section 29(2)—after "spouse" third occurring insert:
or domestic partner
(5)
Section 29(3)—delete "lawful spouse and a putative spouse" and substitute:
spouse and a domestic partner
(6)
Section 29(4)—delete subsection (4) and substitute:
(4)
In proceedings for solatium by a spouse, it is not necessary for the court to inquire if the deceased was also survived by a domestic partner (but a domestic partner may, at any time before the proceedings are finally determined, apply to the court to be joined as a party to the proceedings).
45—Amendment of section 30—Further provisions as to solatium etc
Section 30(1)—delete "husband or wife" and substitute:
spouse or domestic partner
46—Amendment of section 53—Damages for mental harm
Section 53(1)(b)—after "spouse" insert:
, domestic partner
47—Amendment of section 58—Damages in respect of gratuitous services
Section 58—after "spouse" wherever occurring insert in each case:
, domestic partner

48—Amendment of heading to Part 9 Division 5

Heading to Part 9 Division 5—delete "husband and wife" and substitute:
spouses and domestic partners

49—Substitution of section 65

Section 65—delete the section and substitute:
65—Spouse or domestic partner may claim for loss or impairment of consortium
If a person causes injury to another by wrongful act, neglect or default, the person will (whether or not the injury results in death) be liable in damages to the spouse or domestic partner of the injured person for loss or injury suffered by the spouse or domestic partner as a result of the loss or impairment of consortium.
50—Amendment of section 66—Damages where injured spouse or domestic partner participated in business
(1)
Section 66(1)—delete "a husband and wife are engaged" and substitute:
spouses or domestic partners are jointly engaged
(2)
Section 66(1)—after "spouse" wherever occurring insert in each case:
or domestic partner (as the case may be)
(3)
Section 66(2), definition of injury—delete "the death of a spouse" and substitute:
death

51—Transitional provision

An amendment made by this Act to the Civil Liability Act 1936 applies only in relation to a cause of action that arises after the commencement of this section.

Part 16—Amendment of Community Titles Act 1996

52—Amendment of section 3—Interpretation

(1)
Section 3(1)—after the definition of development lot insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 3(1), definition of relative—delete "(whether legal or putative)" and substitute:
, domestic partner,
(3)
Section 3(1)—after the definition of special resolution insert:
spouse—a person is the spouse of another if they are legally married;

Part 17—Amendment of Conveyancers Act 1994

53—Amendment of section 3—Interpretation

(1)
Section 3(1)—after the definition of director insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 3(1), definition of prescribed relative—after "spouse," insert:
domestic partner,
(3)
Section 3(1), definition of spouse—delete the definition and substitute:
spouse—a person is the spouse of another if they are legally married.
54—Amendment of Schedule 2—Transitional provisions
(1)
Schedule 2, clause 2(1), definition of spouse—delete the definition
(2)
Schedule 2, clause 2(2)(b)—after "spouse," insert:
domestic partner,

55—Transitional provision

From the commencement of this section, a reference to a prescribed relative, spouse or putative spouse in the constitution of a company that is registered as a conveyancer under the Conveyancers Act 1994 will, where the context so admits or requires, be taken to include a reference to a domestic partner.

Part 18—Amendment of Co-operatives Act 1997

56—Amendment of section 4—Definitions

(1)
Section 4(1)—after the definition of District Court insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 4(1)—after the definition of share insert:
spouse—a person is the spouse of another if they are legally married;
57—Amendment of section 153—Notice in respect of bonus shares
Section 153(d)—after "spouse" wherever occurring insert in each case:
or domestic partner
58—Amendment of section 226—Financial accommodation to directors and associates
Section 226(1), definition of associate—after "spouse" wherever occurring insert in each case:
or domestic partner
59—Amendment of section 270—Acquisition and disposal of assets
Section 270(1)(b)—after "spouse" insert:
or domestic partner

Part 19—Amendment of Correctional Services Act 1982

60—Amendment of section 4—Interpretation

(1)
Section 4(1)—after the definition of designated condition insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 4(1), definition of immediate family, (a)—delete paragraph (a) and substitute:
(a)
a spouse or domestic partner;
(3)
Section 4(1)—after the definition of sexual offence insert:
spouse—a person is the spouse of another if they are legally married;

Part 20—Amendment of Cremation Act 2000

61—Amendment of section 4—Interpretation

(1)
Section 4—after the definition of doctor insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 4, definition of spouse—delete the definition and substitute:
spouse—a person is the spouse of another if they are legally married.
62—Amendment of section 7—Relatives etc may object to cremation in cases where cremation not directed by deceased person
Section 7—after "spouse," insert:
domestic partner,

Part 21—Amendment of Criminal Assets Confiscation Act 2005

63—Amendment of section 3—Interpretation

(1)
Section 3, definition of dependant, (a)—after "spouse" insert:
or domestic partner
(2)
Section 3—after the definition of document insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(3)
Section 3, definition of putative spouse—delete the definition
(4)
Section 3, definition of spouse—delete the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
64—Amendment of section 131—Examination orders relating to restraining orders
Section 131(1)(c)—after "spouse" insert:
or domestic partner
65—Amendment of section 132—Examination orders relating to applications for confirmation of forfeiture
Section 132(1)(c)—after "spouse" insert:
or domestic partner

Part 22—Amendment of Criminal Law Consolidation Act 1935

66—Amendment of section 5—Interpretation

(1)
Section 5(1)—after the definition of court insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 5(1)—after the definition of sexual intercourse insert:
spouse—a person is the spouse of another if they are legally married;

67—Amendment of section 5AA—Aggravated offences

(1)
Section 5AA(1)(g)(ii) and (iii)—delete subparagraphs (ii) and (iii) and substitute:
(ii)
a domestic partner or former domestic partner of the offender; or
(iii)
a child of whom—
(A)
the offender; or
(B)
a spouse or former spouse of the offender; or
(C)
a domestic partner or former domestic partner of the offender,
has custody as a parent or guardian; or
(iv)
a child who normally or regularly resides with—
(A)
the offender; or
(B)
a spouse or former spouse of the offender; or
(C)
a domestic partner or former domestic partner of the offender;
(2)
Section 5AA(5), definition of spouse—delete the definition

68—Amendment of section 269A—Interpretation

Section 269A(1), definition of next of kin—delete "(or putative spouse)" and substitute:
, domestic partner

Part 23—Amendment of Criminal Law (Forensic Procedures) Act 1998

69—Amendment of section 3—Interpretation

(1)
Section 3(1), definition of closest available next of kin, (b)(i)—after "spouse" insert:
or domestic partner
(2)
Section 3(1)—after the definition of criminal offence insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(3)
Section 3(1)—after the definition of serious offence insert:
spouse—a person is the spouse of another if they are legally married;

Part 24—Amendment of Criminal Law (Sentencing) Act 1988
70—Amendment of section 9C—Sentencing of Aboriginal defendants
(1)
Section 9C(5)—after the definition of Aboriginal Justice Officer insert:
close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include—
(a)
the relationship between a legally married couple; or
(b)
a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;
Note—
Two persons may live together as a couple on genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.
domestic partner—a person is the domestic partner of another if he or she lives with the other in a close personal relationship;
(2)
Section 9C(5), definition of family, (a)—delete "lawful spouse or de facto spouse" and substitute:
spouse or domestic partner
(3)
Section 9C(5)—after the definition of family insert:
spouse—a person is the spouse of another if they are legally married.

Part 25—Amendment of Crown Lands Act 1929

71—Amendment of section 78B—Life leases for certain shacks
(1)
Section 78B(2)(a)(ii) and (iii)—delete subparagraphs (ii) and (iii) and substitute:
(ii)
to an existing or surviving spouse or domestic partner of a person referred to in subparagraph (i) or a lessee under a lease granted under this section; or
(iii)
to any other person—
(A)
whose use or enjoyment of the lands; or
(B)
whose relationship with a person referred to in subparagraph (i) or a lessee under a lease granted under this section,
is such that the Minister is of the opinion that the person should be granted a lease under this section; and
(2)
Section 78B—after subsection (4) insert:
(5)
In this section—
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
spouse—a person is the spouse of another if they are legally married.

Part 26—Amendment of De Facto Relationships Act 1996

72—Amendment of long title

Long title—delete "de facto relationships" and substitute:
domestic partnerships

73—Amendment of section 1—Short title

Section 1—delete "De Facto Relationships Act 1996" and substitute:
Domestic Partners Property Act 1996

74—Amendment of section 3—Interpretation

(1)
Section 3, definition of certificated agreement—delete the definition and substitute:
certified domestic partnership agreement—see subsection (2);
(2)
Section 3, definition of child, (a)—delete "de facto" and substitute:
domestic
(3)
Section 3—after the definition of child insert:
close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include—
(a)
the relationship between a legally married couple; or
(b)
a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;
Note—
Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.
(4)
Section 3, definitions of de facto partner and de facto relationship—delete the definitions and substitute:
domestic partner means a person who lives in a close personal relationship and includes—
(a)
a person who is about to enter a close personal relationship; and
(b)
a person who has lived in a close personal relationship;
domestic partnership agreement means an agreement about—
(a)
the division of property on the termination of a domestic partnership; or
(b)
any other matter (financial or otherwise) related to a domestic partnership;
(5)
Section 3—after its present contents as amended by this section (now to be designated as subsection (1)) insert:
(2)
For the purposes of this Act, a domestic partnership agreement is a certified domestic partnership agreement if—
(a)
the agreement contains a provision (the warranty of asset disclosure) under which each party to the agreement warrants that he or she has disclosed all relevant assets to the other; and
(b)
—
(i)
the signature of each party to the agreement is attested by a lawyer's certificate; and
(ii)
each lawyer's certificate is given by a different lawyer.

75—Substitution of section 4

Section 4—delete the section and substitute:
4—Application of Act
(1)
This Act does not apply to—
(a)
a domestic partnership (other than a domestic partnership that was a de facto relationship) that ended before the commencement of this section; or
(b)
a de facto relationship that ended before 16 December 1996.
Note—
The Domestic Partners Property Act 1996 came into operation on 16 December 1996 as the De Facto Relationships Act 1996.
(2)
In this section—
de facto relationship means the relationship between a man and a woman, who although not legally married to each other, live together on a genuine domestic basis as husband and wife.

76—Substitution of heading to Part 2

Heading to Part 2—delete the heading and substitute:
Part 2—Domestic partnership agreements

77—Substitution of section 5

Section 5—delete the section and substitute:
5—Domestic partnership agreements
(1)
Domestic partners may make a domestic partnership agreement.
(2)
A domestic partnership agreement must—
(a)
be in writing; and
(b)
be signed by each party to the agreement.
78—Amendment of section 6—Domestic partnership agreement enforceable under law of contract
Section 6—delete "cohabitation" and substitute:
domestic partnership
79—Amendment of section 7—Consensual variation or revocation of domestic partnership agreement
(1)
Section 7(1)—delete "cohabitation" and substitute:
domestic partnership
(2)
Section 7(2)—delete subsection (2) and substitute:
(2)
However, if a domestic partnership agreement is a certified domestic partnership agreement, it may only be varied by a certified domestic partnership agreement.
80—Amendment of section 8—Power to set aside or vary domestic partnership agreement
(1)
Section 8(1)—delete "cohabitation" and substitute:
domestic partnership
(2)
Section 8(2)(b)—delete "de facto partner" and substitute:
party to the domestic partnership agreement
(3)
Section 8(3)—delete "cohabitation" and substitute:
domestic partnership
(4)
Section 8(3)(b)—delete "certificated" and substitute:
certified domestic partnership
81—Amendment of section 9—Property adjustment order
(1)
Section 9(1)—delete subsection (1) and substitute:
(1)
After a domestic partnership ends, either of the domestic partners may apply to a court for the division of property.
(2)
Section 9(2)(b)—delete "de facto partners" and substitute:
applicant and respondent
(3)
Section 9(2)(c)—delete paragraph (c) and substitute:
(c)
the domestic partnership existed for at least 3 years or there is a child of the domestic partners.
82—Amendment of section 10—Power to make orders for division of property
(1)
Section 10(1)—delete subsection (1) and substitute:
(1)
On an application for the division of property after the end of a domestic partnership, the court may make such orders as it considers necessary to divide between the domestic partners the property of either or both partners in a way that is just and equitable.
(2)
Section 10(2)—delete "de facto" wherever occurring and substitute in each case:
domestic
83—Amendment of section 11—Matters for consideration by court
(1)
Section 11(1)—delete "de facto" wherever occurring and substitute in each case:
domestic
(2)
Section 11(1)(c)—delete "cohabitation" and substitute:
domestic partnership
(3)
Section 11(2)—delete "cohabitation" and substitute:
domestic partnership
(4)
Section 11(2)(a)—delete "certificated" and substitute:
certified domestic partnership
84—Amendment of section 12—Duty of court to resolve all outstanding questions
Section 12—delete "de facto" and substitute:
domestic
85—Amendment of section 15—Protection of purchaser in good faith, for value and without notice of claim
Section 15—delete "de facto" and substitute:
domestic

86—Transitional provision

After the commencement of this section, a reference to a cohabitation agreement or a certificated agreement will, where the context so admits or requires, be taken to be a reference to a domestic partnership agreement or a certified domestic partnership agreement.

Part 27—Amendment of Dental Practice Act 2001

87—Amendment of section 3—Interpretation

(1)
Section 3(1)—after the definition of director insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 3(1), definition of prescribed relative—after "spouse," insert:
domestic partner,
(3)
Section 3(1), definition of putative spouse—delete the definition
(4)
Section 3(1), definition of spouse—delete the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
88—Amendment of section 33—Registration of companies
(1)
Section 33(2)(a)(vii)—after "spouse" first occurring insert:
or domestic partner
(2)
Section 33(2)(a)(vii)(B)—delete subsubparagraph (B) and substitute:
(B)
in the case of a domestic partner—on the cessation of that relationship,

89—Transitional provision

From the commencement of this section, a reference to a prescribed relative, spouse or putative spouse in the memorandum and articles of association or constitution of a company that is registered as a dentist, advanced dental prosthetist, dental prosthetist or dental technician under the Dental Practice Act 2001 will, where the context so admits or requires, be taken to include a reference to a domestic partner.

Part 28—Amendment of Development Act 1993

90—Amendment of section 4—Definitions

(1)
Section 4(1)—after the definition of document insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 4(1), definition of relative—after "spouse," insert:
domestic partner,
(3)
Section 4(1), definition of spouse—delete the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
(4)
Section 4(8)(a)—after "spouse" insert:
or domestic partner
(5)
Section 4(8)(b)(ii)—after "spouse" insert:
or domestic partner
(6)
Section 4(8)(c)—after "spouse" insert:
or domestic partner
91—Amendment of Schedule 2—Disclosure of financial interests
Schedule 2, clause 1(1), definition of family, (a)—after "spouse" insert:
or domestic partner

Part 29—Amendment of Domestic Violence Act 1994

92—Amendment of section 3—Interpretation

(1)
Section 3—after the definition of child insert:
close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include—
(a)
the relationship between a legally married couple; or
(b)
a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;

Note—
Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.
(2)
Section 3—after the definition of defendant insert:
domestic partner—a person is the domestic partner of a defendant if he or she lives with the defendant in a close personal relationship;
(3)
Section 3, definition of member of the defendant's family, (b) and (c)—delete paragraphs (b) and (c) and substitute:
(b)
a domestic partner or former domestic partner of the defendant; or
(c)
a child of whom—
(i)
the defendant; or
(ii)
a spouse or former spouse of the defendant; or
(iii)
a domestic partner or former domestic partner of the defendant,
has custody as a parent or guardian; or
(d)
a child who normally or regularly resides with—
(i)
the defendant; or
(ii)
a spouse or former spouse of the defendant; or
(iii)
a domestic partner or former domestic partner of the defendant;
(4)
Section 3, definition of spouse—delete the definition and substitute:
spouse—a person is the spouse of another if they are legally married;

Part 30—Amendment of Electoral Act 1985

93—Amendment of section 29—Entitlement to enrolment
(1)
Section 29(4)(b)(i)—after "spouse" insert:
, domestic partner
(2)
Section 29—after subsection (5) insert:
(6)
In this section—
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
spouse—a person is the spouse of another if they are legally married.

Part 31—Amendment of Environment Protection Act 1993

94—Amendment of section 3—Interpretation

(1)
Section 3(1)—after the definition of domestic activity insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 3(1), definition of spouse—delete the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
(3)
Section 3(2)(b)—after "spouse," insert:
domestic partner,

Part 32—Amendment of Equal Opportunity Act 1984

95—Amendment of section 5—Interpretation

(1)
Section 5(1)—after the definition of detriment insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 5(1), definition of near relative—after "spouse," insert:
domestic partner,
(3)
Section 5(1), definition of spouse—delete the definition and substitute:
spouse—a person is the spouse of another if they are legally married;

96—Amendment of section 50—Religious bodies

Section 50(2)—after "sexuality" insert:
, or cohabitation with another person of the same sex as a couple on a genuine domestic basis,

Part 33—Amendment of Evidence Act 1929

97—Amendment of section 21—Competence and compellability of witnesses
(1)
Section 21(7), definition of close relative—after "spouse," insert:
domestic partner,
(2)
Section 21(7), definition of spouse—delete the definition and substitute:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
spouse—a person is the spouse of another if they are legally married.

Part 34—Amendment of Fair Work Act 1994

98—Amendment of section 4—Interpretation

(1)
Section 4(1)—after the definition of determination insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 4(1), definition of family, (a)—after "spouse" insert:
or domestic partner
(3)
Section 4(1)—after the definition of single business insert:
spouse—a person is the spouse of another if they are legally married;
99—Amendment of section 6—Application of Act to employment
Section 6(a)—after "spouse" insert:
, domestic partner
100—Amendment of section 77—Form and content of enterprise agreement
Section 77(1)(e)—after "spouse," insert:
domestic partner,
101—Amendment of Schedule 1—Transitional provisions
Schedule 1—after clause 16 insert:
17—Enterprise agreements and spouses and domestic partners
From the commencement of this clause, an enterprise agreement that provides that sick leave is available to an employee if the leave becomes necessary because of the sickness of a spouse, will be taken to provide that sick leave is available to an employee if the leave becomes necessary because of the sickness of a spouse or domestic partner (whether the agreement was entered into before or after the commencement of this clause).
102—Amendment of Schedule 5—Minimum standard for parental leave
(1)
Schedule 5, clause 1, definition of adoption—after "spouse" insert:
or domestic partner
(2)
Schedule 5, clause 1, definition of spouse—delete the definition
(3)
Schedule 5, clause 2—after "spouse" wherever occurring insert in each case:
or domestic partner
(4)
Schedule 5, clause 4—after "spouse" insert:
or domestic partner
(5)
Schedule 5, clause 5(1)—after "spouse" insert:
or domestic partner

Part 35—Amendment of Fire and Emergency Services Act 2005

103—Amendment of section 3—Interpretation

(1)
Section 3(1)—after the definition of District Court insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 3(1), definition of spouse—delete the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
(3)
Section 3(4)(a)—after "spouse" insert:
or domestic partner
(4)
Section 3(4)(b)(ii)—after "spouse" insert:
or domestic partner
(5)
Section 3(4)(c)—delete "or a body corporate referred to in subparagraph (ii)" and substitute:
or domestic partner, or a body corporate referred to in paragraph (b),

Part 36—Amendment of Firearms Act 1977

104—Amendment of section 5—Interpretation

(1)
Section 5(1)—after the definition of dealer's licence insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 5(1), definition of relative—after "spouse," insert:
domestic partner,
(3)
Section 5(1), definition of spouse—delete the definition and substitute:
spouse—a person is the spouse of another if they are legally married;

Part 37—Amendment of First Home Owner Grant Act 2000

105—Amendment of section 3—Definitions

(1)
Section 3—after the definition of building insert:
close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include—
(a)
the relationship between a legally married couple; or
(b)
a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;
Note—
Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.
(2)
Section 3—after the definition of corresponding law insert:
domestic partner—see section 6;
106—Amendment of section 6—Spouses and domestic partners
Section 6—delete subsection (1) and substitute:
(1)
A person is the spouse of another if they are legally married.
(1a)
A person is the domestic partner of another if they live together in a close personal relationship.
107—Amendment of section 10—Criterion 3—Applicant (or applicant's spouse etc) must not have received earlier grant
(1)
Section 10(1)(a)—after "spouse" insert:
or domestic partner
(2)
Section 10(3)—after "spouse" insert:
or domestic partner
108—Amendment of section 11—Criterion 4—Applicant (or applicant's spouse etc) must not have had relevant interest in residential property
(1)
Section 11(1)—after "spouse" insert:
or domestic partner
(2)
Section 11(3)—after "spouse" insert:
or domestic partner
109—Amendment of section 41—Protection of confidential information
Section 41(1), definition of protected information—after "spouse" insert:
or domestic partner

110—Transitional provision

An amendment made by this Act to the First Home Owner Grant Act 2000 applies only in relation to an application for a first home owner grant made after the commencement of the amendment.

Part 38—Amendment of Flinders University of South Australia Act 1966
111—Amendment of section 18C—Duty of Council members with respect to conflict of interest
(1)
Section 18C(8)—delete "the member's spouse, or a relative of the member," and substitute:
a relative of the member
(2)
Section 18C(10)—delete subsection (10) and substitute:
(10)
In this section—
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
relative of a member means the spouse, domestic partner, parent or remoter linear ancestor, son, daughter or remoter issue or brother or sister of the member;
spouse—a person is the spouse of another if they are legally married.

Part 39—Amendment of Gaming Machines Act 1992

112—Amendment of section 3—Interpretation

(1)
Section 3(1)—after the definition of criminal intelligence insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 3(1)—after the definition of special circumstances licence insert:
spouse—a person is the spouse of another if they are legally married;
113—Amendment of section 39—Commissioner may approve agents of Board
Section 39(3)(f)—after "spouse," insert:
domestic partner,
114—Amendment of section 44A—Prohibition of links between dealers and other licensees
Section 44A(4)(b)(ii)—after "spouse" insert:
or domestic partner

Part 40—Amendment of Genetically Modified Crops Management Act 2004
115—Amendment of section 24—Orders on conviction for an offence
(1)
Section 24(2)(a)—delete "or in a defacto relationship" and substitute:
or domestic partners
(2)
Section 24—after subsection (3) insert:
(4)
In this section—
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not.

Part 41—Amendment of Governors' Pensions Act 1976

116—Amendment of long title

Long title—after "spouses" insert:
or domestic partners

117—Amendment of section 2—Interpretation

(1)
Section 2—after the definition of deceased Governor insert:
domestic partner—
(a)
in relation to a deceased Governor—means a person declared under the Family Relationships Act 1975 to have been the domestic partner of the Governor as at the date of the Governor's death;
(b)
in relation to a deceased former Governor—means a person declared under the Family Relationships Act 1975 to have been the domestic partner of the former Governor as at the date of the former Governor's death;
(2)
Section 2, definition of spouse—delete the definition and substitute:
spouse—
(a)
in relation to a deceased Governor—means a person who was, as at the date of the Governor's death, legally married to the Governor;
(b)
in relation to a deceased former Governor—means a person who was, as at the date of the former Governor's death, legally married to the former Governor.
118—Amendment of section 3—Order for payment of pensions
Section 3(1)—after "spouse" wherever occurring insert in each case:
or domestic partner

119—Amendment of section 4—Amount of pension

(1)
Section 4(1)—after "spouse" wherever occurring insert in each case:
or domestic partner
(2)
Section 4(3)—after "spouse" insert:
or domestic partner

120—Transitional provision

An amendment made by a provision of this Act to a provision of the Governors' Pensions Act 1976 that provides for, or relates to, the payment of a pension to a person on the death of a Governor, or former Governor, applies only if the death occurs after the commencement of the amendment.

Part 42—Amendment of Ground Water (Qualco-Sunlands) Control Act 2000

121—Amendment of section 3—Interpretation

(1)
Section 3(1)—after the definition of disposal capacity of the Scheme insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 3(1), definition of relative—delete "(whether legal or putative)," and substitute:
, domestic partner,
(3)
Section 3(1)—after the definition of Scheme infrastructure insert:
spouse—a person is the spouse of another if they are legally married;

Part 43—Amendment of Guardianship and Administration Act 1993

122—Amendment of section 3—Interpretation

(1)
Section 3(1), after the definition of dentist insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 3(1), definition of putative spouse—delete the definition
(3)
Section 3(1), definition of relative, (a)—after "spouse" insert:
or domestic partner
(4)
Section 3(1), definition of spouse—delete the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
123—Amendment of section 39—Powers and duties of administrator
(1)
Section 39(2)(c)—after "spouse" insert:
, domestic partner
(2)
Section 39(2)(w)—after "spouse" insert:
or domestic partner
124—Amendment of section 78—Medical practitioner, psychologist or other health professional cannot act under this Act in respect of a relative
Section 78—delete "putative spouse" and substitute:
domestic partner

Part 44—Amendment of Heritage Places Act 1993

125—Amendment of section 38A—ERD Court orders

(1)
Section 38A(11)(b)—after "spouse," insert:
domestic partner,
(2)
Section 38A(12)—delete subsection (12) and substitute:
(12)
In this section—
beneficiary of a trust includes an object of a discretionary trust;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
spouse—a person is the spouse of another if they are legally married.

Part 45—Amendment of Hospitals Act 1934

126—Amendment of section 4—Interpretation

(1)
Section 4—after the definition of director-general insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 4—after the definition of public hospital insert:
spouse—a person is the spouse of another if they are legally married;
127—Amendment of section 47—Maintenance of patients in public hospitals
Section 47(2)II—delete "husband or wife" and substitute:
spouse or domestic partner

Part 46—Amendment of Housing and Urban Development (Administrative Arrangements) Act 1995

128—Amendment of section 3—Interpretation

(1)
Section 3(1)—after the definition of Department insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 3(1), definition of relative—after "spouse," insert:
domestic partner,
(3)
Section 3(1), definition of spouse—delete the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
(4)
Section 3(2)—after "spouse" wherever occurring insert in each case:
or domestic partner

Part 47—Amendment of Inheritance (Family Provision) Act 1972

129—Amendment of section 4—Interpretation

Section 4, definition of spouse—delete the definition and substitute:
domestic partner, in relation to a deceased person, means a person declared under the Family Relationships Act 1975 to have been the domestic partner of the deceased as at the date of his or her death, or at some earlier date;
spouse, in relation to a deceased person, means a person who was legally married to the deceased as at the date of his or her death;
130—Amendment of section 6—Persons entitled to claim under this Act
(1)
Section 6—after paragraph (b) insert:
(ba)
the domestic partner of the deceased person;
(2)
Section 6(g)—after "spouse" insert:
or domestic partner

131—Transitional provision

An amendment made by this Act to the Inheritance (Family Provision) Act 1972 applies only in relation to the estate of a deceased person whose death occurs after the commencement of the amendment.

Part 48—Amendment of Judges' Pensions Act 1971

132—Amendment of long title

Long title—delete "widows" and substitute:
surviving spouses or domestic partners

133—Amendment of section 4—Interpretation

(1)
Section 4(1)—after the definition of the Consumer Price Index insert:
domestic partner—
(a)
in relation to a deceased Judge—means a person declared under the Family Relationships Act 1975 to have been the domestic partner of the Judge as at the date of the Judge's death;
(b)
in relation to a deceased former Judge—means a person declared under the Family Relationships Act 1975 to have been the domestic partner of the former Judge as at the date of the former Judge's death;
(2)
Section 4(1), definition of eligible child, (b)—after "spouse" insert:
or domestic partner
(3)
Section 4(1), definition of notional pension, (b)(i)—after "spouse" insert:
or domestic partner
(4)
Section 4(1), definition of notional pension, (b)(ii)—after "spouse" insert:
or domestic partner
(5)
Section 4(1)—after the definition of salary insert:
spouse—
(a)
in relation to a deceased Judge—means a person who was, as at the date of the Judge's death, legally married to the Judge;
(b)
in relation to a deceased former Judge—means a person who was, as at the date of the former Judge's death, legally married to the former Judge.
134—Amendment of section 6A—Preservation of pensions on resignation before 60
Section 6A(3)—after "spouse" insert:
or domestic partner

135—Substitution of sections 8 and 9

Sections 8 and 9—delete the sections and substitute:
8—Death of Judge or former Judge
If a Judge or former Judge dies and is survived by a spouse or domestic partner, the spouse or domestic partner is entitled to a pension for life at the rate of two-thirds of the notional pension of the deceased Judge or former Judge.
9—Division of benefit where deceased Judge or former Judge is survived by spouse and domestic partner
(1)
If a deceased Judge, or deceased former Judge, is survived by a spouse and a domestic partner, any benefit to which a surviving spouse or domestic partner is entitled under this Act will be divided between them in a ratio determined by reference to the relative length of the periods for which each of them cohabited with the deceased as his or her spouse or domestic partner (as the case may be).
(2)
If a number of periods of cohabitation are to be aggregated for the purpose of determining an aggregate period of cohabitation for the purpose of subsection (1), any separate period of cohabitation of less than 3 months will be disregarded.
(3)
A surviving spouse or domestic partner must, at the request of the Treasurer, furnish the Treasurer with any information that the Treasurer requires for the purposes of making a division under subsection (1).
(4)
If—
(a)
a deceased Judge, or deceased former Judge, is survived by a spouse and a domestic partner; and
(b)
a benefit is paid to 1 of them on the assumption that he or she is the sole surviving spouse or domestic partner of the deceased,
the other spouse or domestic partner has no claim on the benefit insofar as it has already been paid unless that spouse or domestic partner gave the Treasurer notice of his or her claim before the date of payment.
136—Amendment of section 9A—Spouse entitlement subject to any Family Law determination
Section 9A—delete ", 8 or 9" and substitute:
or 8
137—Amendment of section 10C—Child benefit where no spouse or domestic partner pension payable
Section 10C(1)—after "spouse" insert:
or domestic partner
138—Amendment of section 10D—To whom child benefit payable
Section 10D(a)—after "spouse" insert:
or domestic partner
139—Amendment of section 15—Refund of certain contributions
Section 15(1)(b)—delete "widow" and substitute:
spouse, domestic partner
140—Amendment of section 17A—Commutation of pension to pay deferred superannuation contributions surcharge

217—Amendment of section 46—Interpretation

(1)
Section 46(1)—after the definition of benefit insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(2)
Section 46(1), definition of prescribed relative—after "spouse," insert:
domestic partner,
(3)
Section 46(1), definitions of putative spouse and spouse—delete the definitions and substitute:
spouse—a person is the spouse of another if they are legally married;

Part 92—Amendment of Victims of Crime Act 2001

218—Amendment of section 4—Interpretation

(1)
Section 4, definition of dependants—after "spouse," insert:
domestic partner,
(2)
Section 4—after the definition of dependants insert:
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
(3)
Section 4, definition of immediate family, (a)—after "spouse" insert:
or domestic partner
(4)
Section 4, definition of spouse—delete the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
219—Amendment of section 17—Eligibility to make claim
Section 17(2)(a)—after "spouse" insert:
or domestic partner
220—Amendment of section 20—Orders for compensation
(1)
Section 20(1)(c)—after "spouse" insert:
or domestic partner
(2)
Section 20(3)(b)(i)—delete "putative spouse" and substitute:
domestic partner

221—Amendment of section 23—Joint offences

(1)
Section 23(1)—after "spouse" insert:
, domestic partner
(2)
Section 23(2)—after "spouse" insert:
, domestic partner
222—Amendment of Schedule 1—Repeal and transitional provisions
Schedule 1—after clause 2 insert:
3—Operation of certain amendments
An amendment made by a provision of the Statutes Amendment (Domestic Partners) Act 2006 to this Act applies only in relation to a claim for statutory compensation for an injury caused by an offence committed after the commencement of the amendment.

Part 93—Amendment of Wills Act 1936

223—Insertion of section 7A

Before section 8 insert:
7A—Interpretation
In this Division—
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
spouse—a person is the spouse of another if they are legally married.
224—Amendment of section 17—Gifts to an attesting witness
Section 17—after "spouse" insert:
or domestic partner
225—Amendment of section 18—Creditor attesting to be admitted a witness
Section 18—delete "wife or husband" and substitute:
spouse or domestic partner

Part 94—Amendment of Workers Rehabilitation and Compensation Act 1986

226—Amendment of section 3—Interpretation

(1)
Section 3(1)—after the definition of child insert:
close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include—
(a)
the relationship between a legally married couple; or
(b)
a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;
Note—
Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.
(2)
Section 3(1)—after the definition of disease insert:
domestic partner—a person is the domestic partner of a worker if he or she lives with the worker in a close personal relationship and—
(a)
the person—
(i)
has been so living with the worker continuously for the preceding period of 3 years; or
(ii)
has during the preceding period of 4 years so lived with the worker for periods aggregating not less than 3 years; or
(iii)
has been living with the worker for a substantial part of a period referred to in subparagraph (i) or (ii) and the Corporation considers that it is fair and reasonable that the person be regarded as the domestic partner of the worker for the purposes of this Act; or
(b)
a child, of whom the worker and the person are the parents, has been born (whether or not the child is still living);
(3)
Section 3(1), definition of relative—after "spouse," insert:
domestic partner,
(4)
Section 3(1), definition of spouse—delete the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
227—Amendment of section 44—Compensation payable on death
(1)
Section 44 (1)(b)—after "spouse" wherever occurring insert in each case:
or domestic partner
(2)
Section 44(1)(e)—after "spouse" insert:
, domestic partner
(3)
Section 44(3)—after "spouse" wherever occurring insert in each case:
or domestic partner
(4)
Section 44(4)—after "spouse" wherever occurring insert in each case:
or domestic partner
(5)
Section 44(5)—after "spouse" wherever occurring insert in each case:
or domestic partner
(6)
Section 44(6)—after "spouse" wherever occurring insert in each case:
, domestic partner
(7)
Section 44(11)—after "spouse" insert:
or domestic partner
228—Amendment of Schedule 1—Transitional provisions
Schedule 1—after clause 5C insert:
5D—Compensation payable to domestic partner on death of worker
An amendment made by a provision of the Statutes Amendment (Domestic Partners) Act 2006