SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--GENERAL LAW REFORM) ACT 2008 (NO. 144, 2008) - SCHEDULE 5 Education, Employment and Workplace Relations
SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--GENERAL LAW REFORM) ACT 2008 (NO. 144, 2008) - SCHEDULE 5
Education, Employment and Workplace Relations
Education Services for Overseas Students Act 2000
1 Subsection 6(1) (paragraphs (a), (b) and (c) of the definition of associate )
Omit "de facto spouse", substitute "de facto partner".
2 Subsection 6(7)
Insert:
"child" : without limiting who is a child of a person for the purposes of this section, 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 .
Note: The heading to subsection 6(7) is replaced by the heading " Other definitions ".
3 Subsection 6(7)
Insert:
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901 .
4 Subsection 6(7)
Insert:
"parent" : without limiting who is a parent of a person for the purposes of this section, someone is the parent of a person if the person is his or her child because of the definition of child in this section.
5 At the end of section 6
Add:
Certain family relationships
(8) For the purposes of paragraph (d) of the definition of associate in subsection (1), if one person is the child of another person because of the definition of child in this section, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
Higher Education Support Act 2003
6 Clause 1 of Schedule 1
Before "In this Act", insert "(1)".
7 Clause 1 of Schedule 1 (paragraph (e) of the definition of Overseas student )
After "spouse", insert ", de facto partner (within the meaning of the Acts Interpretation Act 1901 )".
8 Clause 1 of Schedule 1 (at the end of the definition of Overseas student )
Add:
Note: In relation to paragraph (e) of the definition of Overseas student , see also subclause (2).
9 At the end of Schedule 1
Add:
(2) For the purposes of paragraph (e) of the definition of Overseas student in subclause (1), a representative's relatives include (without limitation):
(a) an exnuptial or adoptive child of the representative, or someone of whom the representative is an exnuptial or adoptive child; and
(b) someone who is a child of the representative, or of whom the representative is a child, because of subclause (3); and
(c) relatives traced through relationships referred to in paragraphs (a) and (b).
(3) For the purposes of paragraph (2)(b), one person is the child of another person because of this subclause if he or she is a child of the other person within the meaning of the Family Law Act 1975 .
Judicial and Statutory Officers (Remuneration and Allowances) Act 1984
10 After subsections 4(4A) and 6(4A)
Insert:
(4B) For the purposes of subsection (4A), spouse includes a de facto partner of a person within the meaning of the Acts Interpretation Act 1901 .
Safety, Rehabilitation and Compensation Act 1988
11 Subsection 4(1)
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 .
12 Subsection 4(1)
Insert:
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901 .
13 Subsection 4(1) (paragraph (a) of the definition of dependant )
Omit "father, mother, step‑father, step‑mother, father‑in‑law, mother‑in‑law, grandfather, grandmother, son, daughter, step‑son, step‑daughter, grandson, grand‑daughter, brother, sister, half‑brother or half‑sister", substitute "parent, step‑parent, father‑in‑law, mother‑in‑law, grandparent, child, stepchild, grandchild, sibling or half‑sibling".
14 Subsection 4(1) (at the end of the definition of dependant )
Add:
Note: See also subsection 4(2).
15 Subsection 4(1)
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 section.
16 Subsection 4(1) (paragraph (a) of the definition of spouse )
Repeal the paragraph, substitute:
(a) in relation to an employee or a deceased employee--a person who is, or immediately before the employee's death was, a de facto partner of the employee; and
17 Subsection 4(1)
Insert:
"stepchild" : without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto 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.
18 Subsection 4(1)
Insert:
"step-parent" : without limiting who is a step-parent of a person for the purposes of this Act, someone who is a de facto 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.
19 Subsection 4(2)
Repeal the subsection, substitute:
(2) For the purposes of this Act, relationships (including the relationship of being family or being relatives) are taken to include (without limitation):
(a) relationships between de facto partners; and
(b) relationships of child and parent that arise:
(i) if someone is an exnuptial or adoptive child of a person; or
(ii) because of the definitions of child and parent in this section; and
(c) relationships traced through relationships referred to in paragraphs (a) and (b).
20 Subsection 4(6)
Omit "son or daughter", substitute "child".
21 Subparagraph 19(12)(b)(i)
Omit "father, mother, step‑father, step‑mother, father‑in‑law, mother‑in‑law, grandfather, grandmother, son, daughter, step‑son, step‑daughter, grandson, granddaughter, brother, sister, half‑brother or half‑sister", substitute "parent, step‑parent, father‑in‑law, mother‑in‑law, grandparent, child, stepchild, grandchild, sibling or half‑sibling".
22 At the end of subsection 19(12)
Add:
Note: In relation to subparagraph (12)(b)(i), see also subsection 4(2).
23 Subsection 19(13)
Repeal the subsection.
24 At the end of subsection 29(2)
Add:
Note: In relation to paragraph (2)(d), see also subsection 4(2).
25 At the end of subsection 29(4)
Add:
Note: In relation to paragraph (4)(f), see also subsection 4(2).
26 Application of amendments of the Safety, Rehabilitation and Compensation Act 1988
(1) The amendments of the Safety, Rehabilitation and Compensation Act 1988 made by this Schedule apply in relation to a payment made under that Act on or after the commencement of the amendments, other than a payment of a lump sum benefit to which subitem (2) applies.
(2) The amendments of the Safety, Rehabilitation and Compensation Act 1988 made by this Schedule apply in relation to a lump sum benefit payable in respect of the death of a person if the death occurs on or after the commencement of the amendments.
Seafarers Rehabilitation and Compensation Act 1992
27 Section 3
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 .
28 Section 3
Insert:
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901 .
29 Section 3 (paragraph (b) of the definition of dependant )
Omit "father, mother, step‑father, step‑mother, father‑in‑law, mother‑in‑law, grandfather, grandmother, son, daughter, step‑son, step‑daughter, grandson, grand‑daughter, brother, sister, half‑brother or half‑sister", substitute "parent, step‑parent, father‑in‑law, mother‑in‑law, grandparent, child, stepchild, grandchild, sibling or half‑sibling".
30 Section 3
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 section.
31 Section 3 (subparagraph (b)(i) of the definition of prescribed person )
Omit "father, mother, step‑father, step‑mother, father‑in‑law, mother‑in‑law, grandfather, grandmother, son, daughter, step‑son, step‑daughter, grandson, grand‑daughter, brother, sister, half‑brother or half‑sister", substitute "parent, step‑parent, father‑in‑law, mother‑in‑law, grandparent, child, stepchild, grandchild, sibling or half‑sibling".
32 Section 3 (paragraph (a) of the definition of spouse )
Repeal the paragraph, substitute:
(a) in relation to an employee or a deceased employee--a person who is, or immediately before the employee's death was, a de facto partner of the employee; and
33 Section 3
Insert:
"stepchild" : without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto 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.
34 Section 3
Insert:
"step-parent" : without limiting who is a step-parent of a person for the purposes of this Act, someone who is a de facto 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.
35 Subsection 15(3)
Omit "son or daughter", substitute "child".
36 Section 16
Repeal the section, substitute:
16 Certain family relationships
For the purposes of this Act, relationships (including the relationship of being family or being relatives) are taken to include (without limitation):
(a) relationships between de facto partners; and
(b) relationships of child and parent that arise:
(i) if someone is an exnuptial or adoptive child of a person; or
(ii) because of the definitions of child and parent in section 3; and
(c) relationships traced through relationships referred to in paragraphs (a) and (b).
37 At the end of subsection 43(3)
Add:
Note: In relation to paragraph (3)(d), see also section 16.
38 At the end of subsection 43(5)
Add:
Note: In relation to paragraph (5)(f), see also section 16.
39 Application of amendments of the Seafarers Rehabilitation and Compensation Act 1992
(1) The amendments of the Seafarers Rehabilitation and Compensation Act 1992 made by this Schedule apply in relation to a payment made under that Act on or after the commencement of the amendments, other than a payment of a lump sum benefit to which subitem (2) applies.
(2) The amendments of the Seafarers Rehabilitation and Compensation Act 1992 made by this Schedule apply in relation to a lump sum benefit payable in respect of the death of a person if the death occurs on or after the commencement of the amendments.
40 Subsection 43B(5)
Insert:
"child" : without limiting who is a child of a person for the purposes of this section, 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 .
41 Subsection 43B(5) (paragraph (a) of the definition of parent )
After "of the person", insert "or someone of whom the person is a child because of the definition of child in this section".