SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--GENERAL LAW REFORM) ACT 2008 (NO. 144, 2008) - SCHEDULE 15 Veterans' Affairs
SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--GENERAL LAW REFORM) ACT 2008 (NO. 144, 2008) - SCHEDULE 15
Veterans' Affairs
Defence Service Homes Act 1918
1 Subsection 4(1)
Insert:
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901 .
2 Subsection 4(1) (subparagraph (a)(ii) of the definition of dependent parent )
After "married", insert "and did not have a de facto partner".
3 Subsection 4(1) (subparagraph (b)(ii) of the definition of dependent parent )
Omit "husband or wife", substitute "spouse or de facto partner".
4 Subsection 4(1) (subparagraph (a)(ii) of the definition of further advance )
After "spouse" (wherever occurring), insert "or de facto partner".
5 Subsection 4(1) (paragraph (b) of the definition of initial advance )
After "spouse" (wherever occurring), insert "or de facto partner".
6 Subsection 4(1)
Insert:
"parent" : without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975 .
7 Subsection 4(1) (definition of Widow )
Repeal the definition.
8 Subsection 4(1)
Insert:
"widow" of a person who has died includes a woman who was a de facto partner of the person immediately before the person died.
9 Application of amendment of definition of widow
The amendment of the definition of widow in subsection 4(1) of the Defence Service Homes Act 1918 made by this Schedule applies in relation to someone whose de facto partner dies on or after the commencement of the amendment.
10 Subsection 4(1) (definition of widower )
Repeal the definition, substitute:
"widower" of a person who has died includes a man who was a de facto partner of the person immediately before the person died.
11 Application of amendment of definition of widower
The amendment of the definition of widower in subsection 4(1) of the Defence Service Homes Act 1918 made by this Schedule applies in relation to someone whose de facto partner dies on or after the commencement of the amendment.
12 Paragraphs 4(2AB)(a) and (b)
Omit "husband" (wherever occurring), substitute "spouse or de facto partner".
13 Paragraph 4(2AC)(d)
Omit "wife", substitute "spouse or de facto partner".
14 Paragraph 4(2AC)(d)
Omit "he and she", substitute "they".
15 Paragraph 4(2AC)(e)
Omit "wife" (wherever occurring), substitute "spouse or de facto partner".
16 Subsections 4(3A), (3B) and (3C)
Repeal the subsections.
17 Subsection 4(8)
After "spouse", insert "or de facto partner".
18 Paragraph 4(13)(b)
After "spouse" (wherever occurring), insert "or de facto partner".
19 Subsections 4A(1) and (3)
Omit "wife or husband" (wherever occurring), substitute "spouse or de facto partner".
Note: The heading to section 4A is altered by inserting " or de facto partner " after " spouse ".
20 Paragraphs 17A(1)(a) and (b)
Omit "wife or husband", substitute "spouse or de facto partner".
21 Paragraphs 18(1)(a) and (e)
Omit "husband or wife" (wherever occurring), substitute "spouse or de facto partner".
22 Subparagraph 20(1)(a)(i)
Omit ", widowed mother or widowed father", substitute " or a widowed parent".
23 Subparagraph 20(1)(a)(ii)
Omit "the wife or husband", substitute "a spouse or de facto partner".
24 Subparagraph 23(1)(a)(ii)
Omit "the widowed mother or widowed father", substitute "a widowed parent".
25 Subparagraph 23(1)(a)(iii)
Omit "the wife or husband", substitute "a spouse or de facto partner".
26 Subsection 26(4)
Omit "the husband or wife", substitute "a spouse or de facto partner".
27 Paragraphs 27A(1)(c) and (2)(c)
Omit "wife or husband", substitute "spouse or de facto partner".
28 Subsection 27A(3)
Omit "a wife and husband", substitute "2 persons who are spouses or de facto partners of each other".
29 Paragraph 27A(3)(a)
Omit "the wife and husband", substitute "spouses or de facto partners".
30 Paragraph 27A(3)(b)
Omit "wife or the death of the husband, whichever is the later", substitute "spouse or de facto partner who died last".
31 Paragraph 38C(1)(gb)
Omit "wife or husband", substitute "spouse or de facto partner".
32 Subsection 45A(2)
Omit "a husband and wife", substitute "2 persons who are spouses or de facto partners of each other".
Military Rehabilitation and Compensation Act 2004
33 Section 5
Before "In this Act", insert "(1)".
34 Section 5
Insert:
"child" : without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .
35 Section 5
Insert:
"parent" : without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this subsection.
36 Section 5 (definition of partner )
Omit "of the opposite sex to the member".
37 Section 5 (after paragraph (b) of the definition of partner )
Insert:
(ba) a relationship between the person and the member (whether the person and the member are the same sex or different sexes) is registered under a law of a State or Territory prescribed for the purposes of section 22B of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;
38 Section 5 (paragraph (c) of the definition of partner )
Repeal the paragraph, substitute:
(c) the person (whether of the same sex or a different sex to the member):
(i) is, in the Commission's opinion (see subsection (2)), in a de facto relationship with the member; and
(ii) is not an ancestor, descendant, brother, sister, half‑brother or half‑sister of the member (see subsection (3)).
39 Section 5
Insert:
"stepchild" : without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a partner of the person is the stepchild of the person, if he or she would be the person's stepchild except that the person is not legally married to the partner.
40 Section 5
Insert:
"step-parent" : without limiting who is a step-parent of a person for the purposes of this Act, someone who is a partner of a parent of the person is the step-parent of the person, if he or she would be the person's step-parent except that he or she is not legally married to the person's parent.
41 At the end of section 5
Add:
(2) For the purposes of subparagraph (c)(i) of the definition of partner in subsection (1), section 11A of the Veterans' Entitlements Act 1986 applies to the forming of the Commission's opinion about whether a person and a member are in a de facto relationship.
(3) For the purposes of subparagraph (c)(ii) of the definition of partner in subsection (1), a child who is, or has ever been, an adopted child of a person is taken to be the natural child of that person and the person is taken to be the natural parent of the child.
42 Subparagraphs 15(2)(a)(ii) to (vii)
Repeal the subparagraphs, substitute:
(ii) a parent or step‑parent of the member;
(iii) a parent or step‑parent of the member's partner;
(iv) a grandparent of the member;
(v) a child or stepchild of the member;
(vi) a child or stepchild of the member's partner;
(vii) a grandchild of the member;
43 Section 16
Repeal the section, substitute:
(1) For the purposes of paragraph 15(2)(a), if one person is the child of another person because of:
(a) adoption; or
(b) the definition of child in this Act;
relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
(2) For the purposes of paragraphs 215(f) and 218(g), the relatives of a person are taken to include the following (without limitation):
(a) a partner of the person;
(b) a stepchild or an adopted child of the person, or someone of whom the person is a stepchild or an adopted child;
(c) someone who is a child of the person, or someone of whom the person is a child, because of the definition of child in this Act;
(d) anyone else who would be a relative of the person if someone mentioned in paragraph (a), (b) or (c) is taken to be a relative of the person.
44 Subsection 18(1)
Omit "son or daughter", substitute "child".
45 Subsection 80(3)
Omit "son or daughter", substitute "child".
46 At the end of section 433
Add:
(4) For the purposes of paragraph (3)(a), the members of a person's family are taken to include the following (without limitation):
(a) a partner of the person;
(b) a stepchild or an adopted child of the person, or someone of whom the person is a stepchild or an adopted child;
(c) someone who is a child of the person, or someone of whom the person is a child, because of the definition of child in this Act;
(d) anyone else who would be a relative of the person if someone mentioned in paragraph (a), (b) or (c) is taken to be a member of the person's family.
Veterans' Entitlements Act 1986
47 Section 5 (item relating to parent)
Repeal the item, substitute:
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parent |
5F(1), 10A |
48 Section 5 (index of definitions)
Insert the following entry in its appropriate alphabetical position, as determined on a letter‑by‑letter basis:
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prohibited relationship |
5E(6), (7) |
49 Section 5 (index of definitions)
Insert the following entry in its appropriate alphabetical position, as determined on a letter‑by‑letter basis:
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step‑child |
5F(1) |
50 Section 5 (index of definitions)
Insert the following entry in its appropriate alphabetical position, as determined on a letter‑by‑letter basis:
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step‑parent |
5F(1) |
51 Subsection 5E(1)
Insert:
"prohibited relationship" has the meaning given by subsections (6) and (7).
52 Subsection 5E(1) (paragraph (a) of the definition of widow )
Omit "a man immediately before he", substitute "a person immediately before the person".
53 Subsection 5E(1) (paragraph (a) of the definition of widower )
Omit "a woman immediately before she", substitute "a person immediately before the person".
54 After paragraph 5E(2)(a)
Insert:
(aa) both of the following conditions are met:
(i) a relationship between the person and another person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 22B of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;
(ii) the person is not living separately and apart from the other person on a permanent basis; or
55 Subparagraph 5E(2)(b)(i)
Omit "a person of the opposite sex", substitute "another person, whether of the same sex or a different sex".
56 Subparagraph 5E(2)(b)(iii)
Omit "marriage‑like", substitute "de facto".
57 Subparagraph 5E(2)(b)(iv)
Omit "for the purposes of section 23B of the Marriage Act 1961 ".
58 Subsection 5E(2) (note 2)
Repeal the note.
59 At the end of section 5E
Add:
Prohibited relationship
(6) For the purposes of this Act, a person and his or her partner are within a prohibited relationship if the person is:
(a) an ancestor or a descendant of the partner; or
(b) a brother, sister, half‑brother or half‑sister of the partner.
(7) For the purposes of subsection (6), a child who is, or has ever been, an adopted child of a person is taken to be the natural child of that person and the person is taken to be the natural parent of the child.
60 Subsection 5F(1) (definition of parent )
Repeal the definition, substitute:
"parent" has a meaning affected by section 10A.
61 Subsection 5F(1)
Insert:
"step-child" : without limiting who is a step-child of a person for the purposes of this Act, someone who is a child of a partner of the person is the step-child of the person, if he or she would be the person's step-child except that the person is not legally married to the partner.
62 Subsection 5F(1)
Insert:
"step-parent" : without limiting who is a step-parent of a person for the purposes of this Act, someone who is a partner of a parent of the person is the step-parent of the person, if he or she would be the person's step-parent except that he or she is not legally married to the person's parent.
63 After subsection 5G(1A)
Insert:
(1AB) For the purposes of paragraph (1A)(b), family relationships are taken to include (without limitation):
(a) relationships between partners; and
(b) relationships of child and parent that arise if someone is the parent of a person under section 10A; and
(c) any other relationship that would be a family relationship if a relationship mentioned in paragraph (a) or (b) is taken to be a family relationship.
64 Paragraph 5H(8)(zd)
Omit "the person's father, mother, son, daughter, brother or sister", substitute "a parent, child, brother or sister of the person".
65 Subsection 5L(1) (paragraph (a) of the definition of family member )
Omit ", father or mother", substitute "or a parent".
66 Subsection 5P(1) (paragraph (a) of the definition of eligible descendant )
Omit "step child", substitute "step‑child".
67 Subsection 5Q(1) (after paragraph (a) of the definition of immediate family member )
Insert:
(ab) who is the person's parent because of subsection 10A(1); or
68 At the end of section 5Q
Add:
(5) For the purposes of this Act, if under a provision of this Act one person is the child of another person because the person is a child of the other person within the meaning of the Family Law Act 1975 , relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
Note: Paragraph 10(1)(b) and paragraph (b) of the definition of child in section 52ZO are examples of provisions under which one person may be the child of another person because the person is a child of the other person within the meaning of the Family Law Act 1975 .
(6) Subsection (5) does not apply for the purposes of determining when a person and his or her partner are within a prohibited relationship under subsection 5E(6). However, this does not prevent expressions used in subsection 5E(6) from having their ordinary meaning.
69 Paragraph 5R(5)(b)
Omit "a matrimonial", substitute "their".
70 Subsections 10(1) and (2)
Repeal the subsections, substitute:
(1) In this Act, a reference to a child of a veteran or of a deceased veteran is a reference to:
(a) a child of the veteran or an adopted child of the veteran; or
(b) a child who is a child of the veteran within the meaning of the Family Law Act 1975 ; or
(c) any other child who is, or was immediately before the death of the veteran, wholly or substantially dependent on the veteran.
71 Subsection 10(3)
Omit "subsections (1) and (2)", substitute "subsection (1)".
72 Subsection 10(5)
Omit "or (2)".
73 After section 10
Insert:
(1) Without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person (other than an adopted child) if the other person is a child of the person within the meaning of the Family Law Act 1975 .
(2) For the purposes of this Act, parent of a person who is an adopted child means an adoptive parent of the person.
74 Section 11A
Omit "marriage‑like" (first occurring), substitute "de facto".
Note: The heading to section 11A is altered by omitting " Marriage‑like " and substituting " De facto "
75 Subparagraph 11A(c)(i)
Omit "married to", substitute "being in a de facto relationship with".
76 Subparagraph 11A(e)(iv)
Omit "marriage‑like", substitute "de facto".
77 Paragraph 30C(12)(b)
Omit "the spouse", substitute "a partner or non‑illness separated spouse".
78 Paragraph 30D(8)(b)
Omit "the spouse", substitute "a partner or non‑illness separated spouse".
79 Subparagraph 38(1)(d)(iii)
Before "spouse", insert "non‑illness separated".
80 Subparagraph 38(1)(i)(iii)
Before "spouse", insert "non‑illness separated".
81 Paragraph 38(2A)(a)
Omit "marriage‑like", substitute "de facto".
82 Paragraph 38(2A)(a)
Omit "when this subsection commenced", substitute "on 1 July 2009".
83 Paragraph 38(2A)(b)
Omit "this subsection commenced", substitute "1 July 2009".
84 Paragraph 38(2A)(b)
Omit "was a marriage‑like", substitute "is a de facto".
85 Subsection 38(2A) (note 2)
After "veteran", insert "non‑illness separated".
86 Subparagraph 38(3A)(a)(i)
Omit "marriage‑like", substitute "de facto".
87 Subparagraph 38(3A)(a)(ii)
Omit "marriage‑like relationship when this subsection commenced", substitute "de facto relationship on 1 July 2009".
88 Subparagraph 38(3A)(b)(i)
Omit "this subsection commenced", substitute "1 July 2009".
89 Subparagraph 38(3A)(b)(i)
Omit "was a marriage‑like", substitute "is a de facto".
Note: The headings to subsections 45UG(1) and (2) are altered by omitting " marital " and substituting " couple ".
90 Section 52ZO (definition of child )
Repeal the definition, substitute:
"child" : without limiting who is a child of a person for the purposes of this Division, each of the following is the child of a person:
(a) an adopted child, step‑child or foster‑child of the person;
(b) someone who is a child of the person within the meaning of the Family Law Act 1975 .
91 Subsection 52ZP(2)
Repeal the subsection, substitute:
(2) For the purposes of this section, if one person is the child of another person because of the definition of child in section 52ZO, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
92 Subsection 52ZZZWE(5) (definition of child )
Repeal the definition, substitute:
"child" , of a principal beneficiary, means the following (no matter how old the child is):
(a) a natural child, adopted child or step‑child of the beneficiary;
(b) someone who is a child of the person within the meaning of the Family Law Act 1975 .
93 Subsection 123(1) (paragraph (b) of the definition of child )
Repeal the paragraph, substitute:
(b) a person who was a natural child of the deceased; or
(ba) someone who was a child of the deceased within the meaning of the Family Law Act 1975 ; or
96 Saving
The amendments of subsections 38(2A) and (3A) of the Veterans' Entitlements Act 1986 made by this Schedule do not affect the operation of those subsections as in force before 1 July 2009.
[ Minister's second reading speech made in--
House of Representatives on 4 September 2008
Senate on 24 September 2008 ]
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(161/08) |