• Specific Year
    Any

SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--GENERAL LAW REFORM) ACT 2008 (NO. 144, 2008) - SCHEDULE 9 Health and Ageing

SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--GENERAL LAW REFORM) ACT 2008 (NO. 144, 2008) - SCHEDULE 9

Health and Ageing

Part 1 -- Amendments commencing on the day after Royal Assent

Prohibition of Human Cloning for Reproduction Act 2002

1  Subsection 8(1) (definition of spouse )

Omit "person who, although not legally married to the person, is living with the person as the person's spouse on a bona fide domestic basis", substitute "de facto partner of the person within the meaning of the Acts Interpretation Act 1901 ".

Research Involving Human Embryos Act 2002

2  Subsection 7(1) (definition of spouse )

Omit "person who, although not legally married to the person, is living with the person as the person's spouse on a bona fide domestic basis", substitute "de facto partner of the person within the meaning of the Acts Interpretation Act 1901 ".


 

Part 2 -- Amendments commencing on 1 January 2009

Health Insurance Act 1973

3  Subsection 3(1) (sub-subparagraph (f)(v)(A) of the definition of Australian resident )

After "child", insert "(each having the same meaning as in the Migration Act 1958 )".

5  Paragraph 10AA(6)(b)

Repeal the paragraph, substitute:

                     (b)  the person is a dependent child in relation to persons in more than one registered family.

7  Subsection 10AA(7) (paragraph (b) of the definition of spouse )

Repeal the paragraph, substitute:

                     (b)  a de facto partner of the person who is not living, on a permanent basis, separately and apart from the person.

8  Subsection 23DZZID(1) (definition of child )

Repeal the definition, substitute:

"child" : without limiting who is a child of a person for the purposes of this Part, each of the following is the child of a person:

                     (a)  an adopted child or stepchild of the person;

                     (b)  someone who is a child of the person within the meaning of the Family Law Act 1975 .

9  Subsection 23DZZID(1) (definition of parent )

Repeal the definition, substitute:

"parent" : a person is the parent of anyone who is the person's child.

10  Subsection 23DZZID(1) (at the end of the definition of relative )

Add:

Note:          See also subsection (3).

11  Subsection 23DZZID(1) (definition of spouse )

Omit "de facto spouse", substitute "de facto partner".

12  Subsection 23DZZID(1)

Insert:

"stepchild" : without limiting who is a stepchild of a person for the purposes of this Part, someone is the stepchild of a person if he or she would be the person's stepchild except that the person is not legally married to the person's de facto partner.

13  At the end of section 23DZZID

Add:

             (3)  For the purposes of this Part, if one person is the child of another person because of the definition of child in this section, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.

14  Section 46A

Insert:

"parent" : without limiting who is a parent of a child for the purposes of this Part, a person is the parent of a child if the child is a child of the person within the meaning of the Family Law Act 1975 .

National Health Act 1953

15  Subsection 4(1)

Insert:

de facto partner of a person means:

                     (a)  another person (whether of the same sex or a different sex) with whom the person has a relationship that 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; or

                     (b)  another person (whether of the same sex or a different sex) who is living with the person on a genuine domestic basis although not legally married to the person.

16  Subsection 4(1) (definition of de facto spouse )

Repeal the definition.

17  Subsection 4(1) (definition of spouse )

Omit "de facto spouse", substitute "de facto partner".

19  Subsection 9BA(7)

Insert:

"parent" : without limiting who is a parent of a child for the purposes of this section, someone is the parent of a child if:

                     (a)  the child is the person's adoptive child or stepchild; or

                     (b)  the child would be the person's stepchild except that the person is not legally married to the person's de facto partner; or

                     (c)  the child is a child of the person within the meaning of the Family Law Act 1975 .

20  Subsection 84(1) (at the end of the definition of child )

Add:

Note:          See also subsection (3B).

21  After subsection 84(3A)

Insert:

          (3B)  A reference in the definition of child in subsection (1) to a child of a member includes a reference to:

                     (a)  an adoptive child or a stepchild of the person; and

                     (b)  someone who would be the stepchild of the person except that the person is not legally married to the person's de facto partner; and

                     (c)  someone who is a child of the person within the meaning of the Family Law Act 1975 .

22  Paragraph 84(4)(b)

Omit "of the spouse", substitute "or the spouse".

25  At the end of paragraph 84B(1)(b)

Add "or the person's spouse".

27  Subsection 84B(4) (paragraph (b) of the definition of spouse )

Repeal the paragraph, substitute:

                     (b)  a de facto partner of the person within the meaning of paragraph (a) of the definition of de facto partner in subsection 4(1), who is not living, on a permanent basis, separately and apart from the person;

                     (c)  a de facto partner of the person within the meaning of paragraph (b) of the definition of de facto partner in subsection 4(1).

28  Paragraph 84B(5)(a)

Omit "a person who is legally married to another person (the person's partner )", substitute "a person who is the spouse of another person (the person's partner ) under paragraph (a) or (b) of the definition".

29  Paragraph 84B(5)(b)

Omit "a person is not taken to have ceased to live with another person (the person's partner )", substitute "a person who is the spouse of another person (the person's partner ) under paragraph (c) of the definition is not taken to have ceased to live with the person's partner".


 

Part 3 -- Amendments commencing on 1 July 2009

Aged Care Act 1997

30  Subsection 44‑11(1)

Insert:

"child" : without limiting who is a child of a person for the purposes of this section and sections 44-7, 44-8 and 44-10, each of the following is the child of a person:

                     (a)  a stepchild or an adopted child of the person;

                     (b)  someone who would be the stepchild of the person except that the person is not legally married to the person's partner;

                     (c)  someone who is a child of the person within the meaning of the Family Law Act 1975 ;

                     (d)  someone included in a class of persons specified for the purposes of this paragraph in the Residential Care Subsidy Principles.

31  Subsection 44‑11(1) (paragraph (a) of the definition of close relation )

Omit "the father or mother", substitute "a parent".

32  Subsection 44‑11(1) (at the end of the definition of close relation )

Add:

Note:          See also subsection (5).

33  Subsection 44‑11(1) (after paragraph (a) of the definition of member of a couple )

Insert:

                    (aa)  a person whose relationship with 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, and who is not living separately and apart from the other person on a permanent basis; or

34  Subsection 44‑11(1) (paragraph (b) of the definition of member of a couple )

Omit "in a marriage‑like relationship", substitute "(whether of the same sex or a different sex) in a de facto relationship".

35  Subsection 44‑11(1)

Insert:

"parent" : without limiting who is a parent of a person for the purposes of this section and sections 44-7, 44-8 and 44-10, someone is the parent of a person if the person is his or her child because of the definition of child in this section.

38  At the end of section 44‑11

Add:

             (5)  For the purposes of paragraph (b) of the definition of close relation 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.

39  Subparagraph 67A‑4(2)(a)(ii)

Omit "a next of kin of such a care recipient, or".