STATUTES AMENDMENT (EQUAL SUPERANNUATION ENTITLEMENTS FOR SAME SEX COUPLES) ACT 2003 (NO 13 OF 2003) - SECT 12
STATUTES AMENDMENT (EQUAL SUPERANNUATION ENTITLEMENTS FOR SAME SEX COUPLES) ACT 2003 (NO 13 OF 2003) - SECT 12
The following sections are inserted in the principal Act after section 4:
4A—Putative spouses
(1) For the purposes
of this Act, two persons of the same sex were, on a certain date, the
putative spouses one of the other if the District Court has made a declaration
under this section that they were, on that date, cohabiting with each other in
a relationship that has the distinguishing characteristics of a relationship
between a married couple (except for the characteristics of different sex and
legally recognised marriage and other characteristics arising from either of
those characteristics) and that they—
(a) had
so cohabited with each other continuously for the period of five years
immediately preceding that date; or
(b) had
during the period of six years immediately preceding that date so cohabited
with each other for periods aggregating not less than five years.
(2) A person whose
rights depend on whether—
(a) he
or she and another person; or
(b) two
other persons,
were, on a certain date, putative spouses one of the other may apply to the
District Court for a declaration under this section.
(3) If it is proved to
the satisfaction of the Court that the persons in relation to whom the
declaration under this section is sought did, on the date in question, fulfil
the requirements of subsection (1), the Court must make a declaration
accordingly.
(4) A declaration may
be made under this section—
(a)
whether or not one or both of the persons in relation to whom the declaration
is sought are, or have ever been, domiciled in this State; or
(b)
despite the fact that one or both of them are dead.
(5) It must not be
inferred from the fact that the Court has declared that two persons were
putative spouses one of the other, on a certain date, that they were
putative spouses as at any prior or subsequent date.
4B—Restriction on publication of court proceedings
(1) "Protected
information" is information relating to an application under section 4A
(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
proceedings relate; or
(c) a
witness to 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 District 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
(b) the
publication in printed or electronic form of material that—
(i)
consists solely or primarily of the reported judgements
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.