Australian Capital Territory Consolidated Acts

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LEGISLATION ACT 2001 - SECT 169

References to domestic partner and domestic partnership

    (1)     In an Act or statutory instrument, a reference to a person's "domestic partner" is a reference to someone who lives with the person in a domestic partnership, and includes a reference to a spouse or civil partner of the person.

Note     The Macquarie dictionary, (1997) defines spouse as ‘either member of a married pair in relation to the other; one's husband or wife'.

    (2)     In an Act or statutory instrument, a domestic partnership is the relationship between 2 people, whether of a different or the same sex, living together as a couple on a genuine domestic basis.

Example—indicators to decide whether 2 people are in a domestic partnership

1     the length of their relationship

2     whether they are living together

3     if they are living together—how long and under what circumstances they have lived together

4     whether there is a sexual relationship between them

5     their degree of financial dependence or interdependence, and any arrangements for financial support, between or by them

6     the ownership, use and acquisition of their property, including any property that they own individually

7     their degree of mutual commitment to a shared life

8     whether they mutually care for and support children

9     the performance of household duties

10     the reputation, and public aspects, of the relationship between them

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).

    (3)     In an Act or statutory instrument, a reference to a domestic partnership includes a reference to a marriage and a civil partnership.



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