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PARLIAMENT OF VICTORIA
Statute Law Amendment (Relationships) Bill 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Property related benefits 2
4. Compensation schemes 2
5. Superannuation schemes 2
6. Health related legislation 2
7. Criminal law legislation 2
8. Consumer and business legislation 2
9. General legislation 3
__________________
SCHEDULES 4
SCHEDULE 1--Property related benefits 4
SCHEDULE 2--Compensation schemes 19
SCHEDULE 3--Superannuation schemes 27
SCHEDULE 4--Health related legislation 37
SCHEDULE 5--Criminal law legislation 42
SCHEDULE 6--Consumer and business legislation 45
SCHEDULE 7--General legislation 52
ENDNOTES 57
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PARLIAMENT OF VICTORIA
Initiated in Assembly 22 November 2000
A BILL
to amend various Acts to recognise the rights and responsibilities of
partners in domestic relationships irrespective of the gender of each
partner and for other purposes.
Statute Law Amendment
(Relationships) Bill 2000
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend various Acts
to recognise the rights and responsibilities of
5 partners in domestic relationships irrespective of
the gender of each partner.
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Act No.
2. Commencement
(1) Subject to sub-section (2), the provisions of this
Act (including the items in a Schedule) come into
operation on a day or days to be proclaimed.
5 (2) If a provision of this Act does not come into
operation before 1 January 2002, it comes into
operation on that day.
3. Property related benefits
An Act specified in the heading to an item in
10 Schedule 1 is amended, on the commencement of
that item or a provision of that item, as set out in
that item or provision.
4. Compensation schemes
An Act specified in the heading to an item in
15 Schedule 2 is amended, on the commencement of
that item or a provision of that item, as set out in
that item or provision.
5. Superannuation schemes
An Act specified in the heading to an item in
20 Schedule 3 is amended, on the commencement of
that item or a provision of that item, as set out in
that item or provision.
6. Health related legislation
An Act specified in the heading to an item in
25 Schedule 4 is amended, on the commencement of
that item or a provision of that item, as set out in
that item or provision.
7. Criminal law legislation
An Act specified in the heading to an item in
30 Schedule 5 is amended, on the commencement of
that item or a provision of that item, as set out in
that item or provision.
8. Consumer and business legislation
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An Act specified in the heading to an item in
Schedule 6 is amended, on the commencement of
that item or a provision of that item, as set out in
that item or provision.
5 9. General legislation
An Act specified in the heading to an item in
Schedule 7 is amended, on the commencement of
that item or a provision of that item, as set out in
that item or provision.
10 __________________
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SCHEDULES
Section 3
SCHEDULE 1
PROPERTY RELATED BENEFITS
5 1. Administration and Probate Act 1958
1.1 In section 3(1) insert the following definitions--
' "domestic partner" of a person who dies means a person
who, although not married to the person--
(a) was living with the person at the time of the
10 person's death as a couple on a genuine
domestic basis (irrespective of gender); and
(b) either--
(i) had lived with the person in that manner
continuously for a period of at least
15 2 years immediately before the person's
death; or
(ii) is the parent of a child of the person who
was under 18 years of age at the time of
the person's death;
20 "parent" of a child includes a person who has day to day
care and control of the child and with whom the child
is ordinarily resident;
"partner" of a person who dies means the person's spouse
or domestic partner;
25 "spouse" of a person who dies means a person who was
married to the person at the time of the person's
death;'.
1.2 In section 32(1), for "widow widower or child of the
deceased employee" substitute "surviving partner of the
30 deceased employee or child of the deceased employee or of
the deceased employee's partner".
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1.3 Insert the following heading to section 37A--
"37A. Partner may obtain intestate's interest in shared
home".
1.4 In section 37A, for sub-sections (1) and (2) substitute--
5 '(1) In this section--
"residuary estate" has the same meaning as in
section 38(4);
"shared home" means a residence that was the
principal place of residence of an intestate and
10 the intestate's partner at the time of the
intestate's death.
(2) Despite anything to the contrary in this Act, if a
person dies intestate as to an interest in the person's
shared home, the person's partner may elect to acquire
15 the interest at its value at the date of the person's
death.'.
1.5 In section 37A--
(a) in sub-section (3), for "spouse" (wherever occurring)
substitute "partner";
20 (b) in sub-section (4)--
(i) for "matrimonial home" substitute "shared
home";
(ii) for "spouse" (wherever occurring) substitute
"partner";
25 (c) in sub-section (5), for "spouse" (wherever occurring)
substitute "partner";
(d) in sub-section (6), for "matrimonial home" substitute
"shared home";
(e) in sub-sections (7) and (8)--
30 (i) for "spouse" (wherever occurring) substitute
"partner";
(ii) for "matrimonial home" substitute "shared
home";
(f) in sub-section (9), for "spouse" substitute "partner";
35 (g) in sub-sections (10) and (11), for "matrimonial home"
(wherever occurring) substitute "shared home".
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1.6 Insert the following heading to section 51--
"51. Distribution if intestate leaves a partner".
1.7 In section 51(1) and (2), for "spouse" substitute "partner".
1.8 After section 51 insert--
5 '51A. Distribution between spouse and domestic partner
(1) If an intestate leaves both a spouse and a domestic
partner, the entitlement to the partner's share of the
intestate's residuary estate is to be determined as
follows--
10 (a) the partner's share of the residuary estate is to
be distributed equally between the domestic
partner and the spouse if the domestic partner
had lived as the domestic partner of the
intestate continuously for a period of less than
15 5 years immediately before the intestate's death;
(b) the domestic partner is exclusively entitled to
the partner's share if the domestic partner had
lived as the domestic partner of the intestate
continuously for a period of 5 years or more
20 immediately before the intestate's death.
(2) In this section--
"partner's share" of an intestate's residuary estate
means the share of the estate to which the
partner of the intestate is entitled under this
25 Division.'.
1.9 In section 52(1)--
(a) after "section 51" insert "and 51A";
(b) in paragraphs (a), (b), (e) and (ea), for "widow or
widower" substitute "partner".
30 1.10 In section 54--
(a) for "spouse" substitute "partner";
(b) for "care or custody" substitute "care and control".
1.11 In section 71(1), for "the widow only or the widow and
children only or the widower only or the widower and
35 children or the widowed mother" substitute "the partner
only or the partner and children only or the sole surviving
parent".
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1.12 In section 99A(1), for "widow widower" substitute
"partner".
1.13 After section 99AC insert--
"100. Transitional provision--Statute Law Amendment
5 (Relationships) Act 2000
Despite the amendment of Part 1 by item 1 of
Schedule 1 to the Statute Law Amendment
(Relationships) Act 2000, Part 1 as in force
immediately before that commencement continues to
10 apply with respect to the estate of an intestate who has
died before that commencement.".
2. Duties Act 2000
2.1 In section 3--
(a) insert the following definitions--
15 ' "domestic partner" of a person means a person
with whom the person is in a domestic
relationship;
"domestic relationship" means the relationship
between two people who, although not married
20 to each other, are living together as a couple on
a genuine domestic basis (irrespective of
gender);
"partner" of a person means the person's spouse or
domestic partner;';
25 (b) the definition of "de facto spouse" is repealed;
(c) in the definition of "relative", for "spouse" (wherever
occurring) substitute "partner";
(d) for the definition of "spouse" substitute--
' "spouse" of a person means a person to whom the
30 person is married;'.
2.2 Insert the following heading to section 43--
"43. Marriage and domestic relationships".
2.3 In section 43, for sub-section (3) substitute--
"(3) No duty is chargeable under this Chapter in respect of
35 a transfer of dutiable property from one person to
another person, or from two people to one of them, or
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from one person to themselves and another person
if--
(a) the people are spouses or domestic partners of
each other; and
5 (b) no other person takes or is entitled to take an
interest in the property under the transfer.".
2.4 Insert the following heading to section 44--
"44. Breakdown of marriage and domestic relationships".
2.5 In section 44--
10 (a) in sub-section (1)--
(i) in paragraph (a), for "married to each other or
de facto spouses" substitute "spouses or
domestic partners";
(ii) in paragraph (b), for "de facto relationship"
15 substitute "domestic relationship";
(b) in sub-section (2), after "marriage" (wherever
occurring) insert "or domestic relationship".
2.6 In section 61(2) and (3), for "spouse" substitute "partner".
2.7 In section 229(2), for "de facto spouse" (where twice
20 occurring) substitute "domestic partner".
2.8 Insert the following heading to section 235--
"235. Marriage and domestic relationships and their
breakdown".
2.9 In section 235--
25 (a) in sub-section (1), for paragraph (a) substitute--
"(a) either of the following applies--
(i) both people are spouses or domestic
partners of each other; or
(ii) both people were spouses or domestic
30 partners of each other and the
Commissioner is satisfied that the
transfer was made because of the
breakdown of the marriage or domestic
relationship; and";
35 (b) in sub-section (2), after "marriage" (wherever
occurring) substitute "or domestic relationship".
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3. First Home Owner Grant Act 2000
3.1 In section 3--
(a) insert the following definitions--
' "domestic partner" of a person means a person to
5 whom the person is not married but with whom
the person is living as a couple on a genuine
domestic basis (irrespective of gender);
"partner" of a person means, subject to section 6,
the person's spouse or domestic partner;';
10 (b) the definition of "de facto spouse" is repealed;
(c) for the definition of "spouse" substitute--
' "spouse" of a person means a person to whom the
person is married;'.
3.2 For section 6 substitute--
15 "6. Exclusion of non-cohabiting spouse
If the Commissioner is satisfied that, at the time of
deciding an application for a first home owner grant,
an applicant--
(a) is married but not cohabiting with the
20 applicant's spouse; and
(b) has no intention of resuming cohabitation--
the applicant's spouse is not to be regarded as the
applicant's partner.".
3.3 Insert the following heading to section 10--
25 "10. Criterion 3--Applicant (or applicant's partner) must
not have been entitled to earlier grant".
3.4 In section 10, for "spouse" (wherever occurring) substitute
"partner".
3.5 Insert the following heading to section 11--
30 "11. Criterion 4--Applicant (or applicant's partner) must
not have had relevant interest in residential
property".
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3.6 In sections 11, 14 and 50(1), for "spouse" (wherever
occurring) substitute "partner".
4. Land Act 1958
4.1 In section 3 insert the following definitions--
5 ' "domestic partner" of a person means a person to whom
the person is not married but with whom the person is
living as a couple on a genuine domestic basis
(irrespective of gender);
"spouse" of a person means a person to whom the person is
10 married;'.
4.2 In section 273(4)(i), after "spouse" insert "or domestic
partner".
5. Land Acquisition and Compensation Act 1986
5.1 In section 3(1) insert the following definitions--
15 ' "domestic partner" of a person means a person to whom
the person is not married but with whom the person is
living as a couple on a genuine domestic basis
(irrespective of gender);
"spouse" of a person means a person to whom the person is
20 married;'.
5.2 In section 45(4) after "spouse" (wherever occurring) insert
"or domestic partner".
6. Land Tax Act 1958
6.1 In section 3(1) insert the following definitions--
25 ' "domestic partner" of a person means a person to whom
the person is not married, but with whom the person
is living as a couple on a genuine domestic basis
(irrespective of gender);
"spouse" of a person means a person to whom the person is
30 married;'.
6.2 In section 9(1H), for "de facto spouse" (wherever occurring)
substitute "domestic partner".
7. Landlord and Tenant Act 1958
7.1 In section 43(1) insert the following definitions--
35 ' "child" of a person includes a child of the person's partner;
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"domestic partner" of a person means a person to whom
the person is not married but with whom the person is
living as a couple on a genuine domestic basis
(irrespective of gender);
5 "partner" of a person means the person's spouse or
domestic partner;
"spouse" of a person means a person to whom the person is
married;'.
7.2 In section 82(6)(v), for "spouse" (wherever occurring)
10 substitute "partner".
7.3 In section 93(1)(d), for sub-paragraph (i) substitute--
"(i) that the lessor is a person of one of the following
classes--
one of two partners who desire to live together in the
15 dwelling-house in any case where either partner is
receiving or, if they were living in the dwelling-
house, would be entitled to receive an age pension
under the Social Security Act 1991 of the
Commonwealth or a service pension under section 84
20 of the Veterans' Entitlements Act 1986 of the
Commonwealth;
one of two partners who desire to live together in the
dwelling-house in any case where the joint income of
the partners does not exceed a rate of $1820 per
25 annum;
a surviving partner or a spouse living apart from the
other spouse or a single person who is receiving or, if
the person were living in the dwelling-house, would
be entitled to receive an age pension or a service
30 pension as aforesaid;
a surviving partner or a spouse living apart from the
other spouse or a single person, whose age in the case
of a man is not less than 65 years and in the case of a
woman is not less than 60 years, and whose income
35 does not exceed a rate of $910 per annum;
a person in receipt of a total pension under the Social
Security Act 1991 of the Commonwealth or a service
pension under section 85 of the Veterans'
Entitlements Act 1986 of the Commonwealth;
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a person in receipt of a total permanent incapacity
pension under the Veterans' Entitlements Act 1986 of
the Commonwealth whose income, together with the
income (if any) of the person's partner, if living with
5 the person, from sources other than pensions or
allowances under that Act, does not exceed a rate of
$910 per annum; and".
7.4 In section 93--
(a) in sub-section (1)(e)(i), for "spouse" substitute
10 "partner";
(b) in sub-section (2)(b), for "woman" substitute
"person";
(c) in sub-section (2)(c), for "a woman who is wholly or
mainly dependent for her support upon a pension
15 payable to her under the said Commonwealth Act as
the widow" substitute "a person who is wholly or
mainly dependent for support on a pension payable to
the person under the Commonwealth Act referred to
in paragraph (a) as the surviving partner".
20 7.5 In section 106, for "spouse" substitute "partner".
7.6 In section 107A--
(a) in sub-section (4), for "spouse" (wherever occurring)
substitute "partner";
(b) in sub-section (4), for "spouses" substitute
25 "partners".
8. Perpetuities and Accumulations Act 1968
8.1 In section 2(1) insert the following definitions--
' "domestic partner" of a person means a person to whom
the person is not married but with whom the person is
30 living as a couple on a genuine domestic basis
(irrespective of gender);
"partner" of a person means the person's spouse or
domestic partner;
"spouse" of a person means a person to whom the person is
35 married;'.
8.2 Insert the following heading to section 10--
"10. Unborn partner".
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8.3 In section 10, for "widow or widower" (wherever occurring)
substitute "surviving partner".
8.4 In section 17(1), for "spouses" (wherever occurring)
substitute "partners".
5 9. Property Law Act 1958
9.1 In the heading to Part IX, for "DE FACTO" substitute
"DOMESTIC".
9.2 In section 275--
(a) insert the following definitions--
10 ' ''domestic partner" of a person means a person
with whom the person is or has been in a
domestic relationship;
"domestic relationship" means the relationship
between two people who, although not married
15 to each other, are living or have lived together
as a couple on a genuine domestic basis
(irrespective of gender);';
(b) for the definition of "child" substitute--
' "child" in relation to domestic partners means--
20 (a) a child born as a result of sexual relations
between the partners; or
(b) a child of one of the partners (whether or
not the other domestic partner is
presumed to be the father under Part 2 of
25 the Status of Children Act 1974); or
(c) a child adopted by the partners;'.
(c) the definitions of "de facto partner" and "de facto
relationship" are repealed;
(d) in the definition of "financial resources", for
30 "de facto" (wherever occurring) substitute
"domestic".
9.3 For section 276 substitute--
"276. Application and transitional
(1) This Part, as amended by item 9 of Schedule 1 to the
35 Statute Law Amendment (Relationships) Act 2000
applies to a person who has been a domestic partner
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whether before or after the commencement of that
item, but does not apply to a person who was a
partner in a domestic relationship that ended before
that commencement.
5 (2) This Part, as in force immediately before the
commencement of item 9 of Schedule 1 to the Statute
Law Amendment (Relationships) Act 2000
continues to apply in relation to a person who was a
partner in a de facto relationship (within the meaning
10 of this Part as then in force) that ended before that
commencement whether or not proceedings had been
commenced under this Part as then in force.".
9.4 Insert the following heading to section 277--
"277. Other rights of domestic partners not affected by this
15 Part".
9.5 In sections 277, 278(1), 279(1), 280(a), 281, 282, 284, 285,
286(1) and (4), 287(1) and 288, for "de facto" (wherever
occurring) substitute "domestic".
10. Residential Tenancies Act 1997
20 10.1 In section 3(1) insert the following definitions--
' "domestic partner" of a person means a person to whom
the person is not married but with whom the person is
living as a couple on a genuine domestic basis
(irrespective of gender);
25 "partner" of a person means the person's spouse or
domestic partner;
"spouse" of a person means a person to whom the person is
married;'.
10.2 In sections 258(1)(b)(i) and 312(2)(b)(i)--
30 (a) for "spouse" substitute "partner";
(b) for "spouse's" substitute "partner's".
11. Retail Tenancies Reform Act 1998
11.1 In section 3(1)--
(a) insert the following definition--
35 ' "domestic partner" of a person means a person to
whom the person is not married but with whom
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the person is living as a couple on a genuine
domestic basis (irrespective of gender);';
(b) for the definition of "spouse" substitute--
' "spouse" of a person means a person to whom the
5 person is married;'.
11.2 In section 15(2)(c), after "spouse" (wherever occurring)
insert "or domestic partner".
12. Sale of Land Act 1962
12.1 In section 2(1) insert the following definitions--
10 ' "child" of a person includes a child of the person's spouse
or domestic partner;
"domestic partner" of a person means a person to whom
the person is not married but with whom the person is
living as a couple on a genuine domestic basis
15 (irrespective of gender);
"spouse" of a person means a person to whom the person is
married;'.
12.2 In section 33(7), for "de facto spouse" (where twice
occurring) substitute "domestic partner".
20 13. Stamps Act 1958
13.1 In section 3--
(a) insert the following definitions--
' "domestic partner" of a person means a person
with whom the person is in a domestic
25 relationship;
"domestic relationship" means the relationship
between two people who, although not married
to each other, are living together as a couple on
a genuine domestic basis (irrespective of
30 gender);
"partner" of a person means the person's spouse or
domestic partner;
"spouse" of a person means a person to whom the
person is married;';
35 (b) the definition of "de facto spouse" is repealed.
13.2 In section 63(1), in the definition of "relative", for "spouse"
(wherever occurring) substitute "partner".
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13.3 In section 67A(7)--
(a) in the definition of "relative", for "spouse" (wherever
occurring) substitute "partner";
(b) the definition of "spouse" is repealed.
5 13.4 In section 71(16), in the definition of "relative", in
paragraph (b), for "spouse" substitute "partner".
13.5 In section 71B--
(a) in sub-section (1), the definition of "spouse" is
repealed;
10 (b) in sub-section (3), for "spouse" substitute "partner".
13.6 In section 75--
(a) in sub-section (2)(c), for "spouse" (wherever
occurring) substitute "partner";
(b) in sub-section (3)(a), for "spouses" substitute
15 "partners";
(c) in sub-section (5) paragraph (a) is repealed.
13.7 In the Third Schedule, in Heading IV(A)--
(a) in exemption (9), for "widows" substitute "surviving
partners";
20 (b) in exemption (13), after "marriage" (wherever
occurring) insert "or domestic relationship";
(c) in exemption (14), for paragraphs (a), (b) and (c)
substitute--
"(a) both persons are spouses or domestic partners
25 of each other; or
(b) both persons were spouses or domestic partners
of each other and the Comptroller of Stamps is
satisfied that the transfer was made because of
the breakdown of the marriage or domestic
30 relationship--".
13.8 In the Third Schedule, in Heading VI, in the exemptions
applying to (A) and (B)--
(a) in exemption (13), for "widows" substitute
"surviving partners";
35 (b) in exemption (20), for paragraphs (a), (b) and (c)
substitute--
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"(a) both persons are spouses or domestic partners
of each other; or
(b) both persons were spouses or domestic partners
of each other and the Comptroller of Stamps is
5 satisfied that the transfer was made because of
the breakdown of the marriage or domestic
relationship--";
(c) in exemption (27), after "marriage" (wherever
occurring) insert "or domestic relationship".
10 13.9 In the Third Schedule, in Heading IX--
(a) in exemption (4), for "widows" substitute "surviving
partners";
(b) in exemption (8) after "marriage" (wherever
occurring) insert "or domestic relationship".
15 13.10 In the Third Schedule, in Heading XXI--
(a) in exemption (2), for "de facto spouse" (where twice
occurring) substitute "domestic partner";
(b) in exemption (12), for paragraphs (a), (b), (c) and (d)
substitute--
20 "(a) both persons are spouses or domestic partners
of each other; or
(b) both persons were spouses or domestic partners
of each other and the Comptroller is satisfied
that the transfer was made because of the
25 breakdown of the marriage or domestic
relationship--";
(c) in exemption (13), after "marriage" (wherever
occurring) insert "or domestic relationship".
14. Wills Act 1997
30 14.1 In section 3(1)--
(a) the definition of "de facto spouse" is repealed;
(b) insert the following definitions--
' "domestic partner" of a deceased person means a
person to whom the deceased person was not
35 married but with whom the deceased person
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was living at the date of death as a couple on a
genuine domestic basis (irrespective of gender);
"spouse" of a deceased person means a person to
whom the deceased person was married at the
5 date of death;'.
14.2 In section 11, after "spouse" insert "or domestic partner".
14.3 In sections 31(4)(a)(ii), 39(4)(b) and 50(d), for "de facto
spouse" substitute "domestic partner".
__________________
10
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SCHEDULE 2
Section 4
COMPENSATION SCHEMES
1. Accident Compensation Act 1985
5 1.1 In section 5(1)--
(a) insert the following definitions--
' "domestic partner" of a person means a person to
whom the person is not married but with whom
the person is living as a couple on a genuine
10 domestic basis (irrespective of gender);
"partner" of a worker means--
(a) in relation to a worker who died before the
commencement of section 4 of the Statute
Law Amendment (Relationships) Act
15 2000--
(i) the worker's spouse at the time of
the worker's death; or
(ii) a person of the opposite sex who,
though not married to the worker,
20 lived with the worker at the time of
the worker's death on a permanent
and bona fide domestic basis;
(b) in relation to a worker who dies on or after
that commencement--the worker's spouse
25 or domestic partner at the time of the
worker's death;
"spouse" of a person means a person to whom that
person is married;';
(b) in the definition of "member of a family", for "wife,
30 husband" substitute "partner".
1.2 In section 5, sub-section (5) is repealed.
1.3 In section 92A--
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(a) in sub-section (1), for the definition of "dependent
spouse" substitute--
' "dependent partner" means a partner wholly or
mainly dependent on the worker's earnings;';
5 (b) in sub-section (1), in the definition of "orphan child",
for "spouse" (wherever occurring) substitute
"partner";
(c) in sub-section (2), for "spouse" (wherever occurring)
substitute "partner";
10 (d) in sub-section (4)--
(i) for "spouse" (wherever occurring) substitute
"partner";
(ii) for "spouses" (wherever occurring) substitute
"partners";
15 (e) in sub-section (5), for "spouse" substitute "partner";
(f) in sub-sections (6), (7) and (8)--
(i) for "spouse" (wherever occurring) substitute
"partner";
(ii) for "spouses" (wherever occurring) substitute
20 "partners";
(g) in sub-sections (8A), (9) and (10), for "spouse"
substitute "partner".
1.4 In section 92B--
(a) in sub-section (3), for "spouse" (wherever occurring)
25 substitute "partner";
(b) in sub-section (4), for "spouses, each spouse"
substitute "partners, each partner";
(c) in sub-section (11), for "spouse, dependent spouses"
substitute "partner, dependent partners".
30 1.5 In section 92C, for sub-section (3), substitute--
"(3) A weekly pension to which a child under the age of
18 is entitled is payable to--
(a) the parent of the child who has custody of the
child; or
35 (b) if there is no such person, the child's guardian;
or
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(c) if there is no person referred to in paragraph (a)
or (b), the person who has day to day care and
control of the child and with whom the child is
ordinarily resident.".
5 1.6 In section 99, for sub-section (1A) substitute--
'(1A) In sub-section (1)(aa)--
"family member" means a partner, parent, sibling or
child of the worker or of the worker's partner;
"parent" of a worker includes a person who has day
10 to day care and control of the worker.'.
2. Education Act 1958
2.1 In section 34A insert the following definitions--
' "child" of a volunteer school worker or volunteer student
worker means a child of the worker or of the worker's
15 partner who--
(a) is under the age of 16 years; or
(b) is 16 years or more but under the age of
21 years and is a full-time student;
"dependant" of a volunteer school worker or volunteer
20 student worker means a person who was at the date of
the worker's death wholly, mainly or partially
dependent on the worker for financial support;
"domestic partner" of a person means a person to whom
the person is not married but with whom the person is
25 living as a couple on a genuine domestic basis
(irrespective of gender);
"partner" of a volunteer school worker or volunteer
student worker means--
(a) in relation to a person who died before the
30 commencement of section 4 of the Statute Law
Amendment (Relationships) Act 2000--the
person's spouse at the time of death;
(b) in relation to a person who dies on or after that
commencement--the person's spouse or
35 domestic partner at the time of death;
"spouse" of a person means a person to whom the person is
married;'.
2.2 In section 34B, for sub-sections (1) and (1A) substitute--
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"(1) If a volunteer school worker suffers personal injury
arising out of, or in the course of engaging in, school
work or travelling to or from a place where school
work is to be or has been engaged in--
5 (a) the worker is entitled to be paid compensation;
or
(b) if the worker dies, the worker's partner or any
child or dependant of the worker is entitled to
be paid compensation.
10 (1A) If a volunteer student worker suffers personal injury
arising out of or in the course of approved community
work--
(a) the worker is entitled to be paid compensation;
or
15 (b) if the worker dies, the worker's partner or any
child or dependant of the worker is entitled to
be paid compensation.".
3. Police Assistance Compensation Act 1968
3.1 In section 2(1), for "spouse" substitute "partner,".
20 3.2 After section 2(1) insert--
'(1A) In sub-section (1)--
"child" of a deceased person means a child of the
person or of the person's partner who--
(a) is under the age of 16 years; or
25 (b) is 16 years or more but under the age of
21 years and is a full-time student;
"dependant" of a deceased person means a person
who was at the date of the person's death
wholly, mainly or partially dependent on the
30 person for financial support;
"domestic partner" of a person means a person to
whom the person is not married, but with
whom the person is living as a couple on a
genuine domestic basis (irrespective of their
35 genders);
"partner" of a person means--
(a) in relation to a person who died before the
commencement of section 4 of the Statute
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Law Amendment (Relationships) Act
2000--the person's spouse at the time of
death;
(b) in relation to a person who dies on or after
5 that commencement--the person's spouse
or domestic partner at the time of death;
"spouse" of a person means a person to whom the
person is married.'.
4. Transport Accident Act 1986
10 4.1 In section 3(1)--
(a) insert the following definitions--
' "domestic partner" of a person means a person to
whom the person is not married but with whom
the person is living as a couple on a genuine
15 domestic basis (irrespective of gender);
"partner" means--
(a) in relation to a person who died before
the commencement of section 4 of the
Statute Law Amendment
20 (Relationships) Act 2000--
(i) the spouse of the person at the time
of death; or
(ii) a person of the opposite sex who,
though not married to the person,
25 lived with the person at the time of
death on a permanent and bona fide
domestic basis;
(b) in relation to a person who was injured
as a result of a transport accident that
30 occurred before the commencement of
section 4 of the Statute Law
Amendment (Relationships) Act 2000
but who did not die before that
commencement--
35 (i) for the purposes of sections 43(1D)
and 62--
(A) the spouse of the person; or
(B) a person of the opposite sex
who, though not married to
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the person, lives with the
person on a permanent and
bona fide domestic basis;
(ii) for the other purposes of the Act--
5 the spouse or domestic partner of
the person;
(c) in relation to any other person--the
spouse or domestic partner of the person;
"spouse" in relation to a person means a person to
10 whom the person is married;';
(b) for the definition of "child" substitute--
' "child" in relation to a person includes a child of the
person or the person's partner or an adopted
child of the person or of the person's partner
15 but does not include a child of that person or of
the person's partner adopted by another person
or persons;'.
(c) in the definition of "dependent child", after "spouse"
insert "or domestic partner";
20 (d) for the definition of "dependent spouse" substitute--
' "dependent partner" in relation to a person means
the person's partner, if the partner would but for
injury or death of that person--
(a) be wholly, mainly or in part dependent
25 on that person for economic support; or
(b) be wholly dependant on the person for
the care of the children of the partner or
of that person;';
(e) in the definition of "earner"--
30 (i) in paragraph (b), for "definition; or" substitute
"definition--";
(ii) paragraph (c) is repealed;
(f) for the definition of "surviving spouse" substitute--
' "surviving partner" of a person who dies as a
35 result of a transport accident, means a
dependent partner of the person;'.
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4.2 In section 3--
(a) sub-section (1B) is repealed;
(b) in sub-sections (3) and (5), for "spouse" (wherever
occurring) substitute "partner";
5 (c) sub-section (6) is repealed.
4.3 In section 6(2), in the definition of "income from personal
exertion", in paragraph (b), for "as a partner" substitute "in
partnership".
4.4 In sections 42(1)(a), (2) and (3) and 43(1D), for "spouse"
10 (wherever occurring) substitute "partner".
4.5 Insert the following heading to section 57--
"57. Death benefit for surviving partner".
4.6 In section 57--
(a) in sub-sections (1) and (3) for "spouse" (wherever
15 occurring) substitute "partner";
(b) in sub-section (4)--
(i) for "spouse" (wherever occurring) substitute
"partner";
(ii) in paragraph (c), for "spouses" substitute
20 "partners";
(c) in sub-section (5), for "spouse" (wherever occurring)
substitute "partner".
4.7 Insert the following heading to section 58--
"58. Surviving partner--periodical payments".
25 4.8 In section 58(1), (2), (4), (5), (6) and (7), for "spouse"
(wherever occurring) substitute "partner".
4.9 In section 59(1), (2), (8), (9), (12) and (13) for "spouse"
(wherever occurring) substitute "partner".
4.10 In section 60--
30 (a) in sub-section (2B)--
(i) for "sub-section (2A)(a)" substitute "this
section";
(ii) in the definition of "family member" for
"spouse" substitute "partner";
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(iii) insert the following definition after the
definition of "family member"--
' "parent" of a dependant child includes--
(a) a person who has day to day care
5 and control of the child and with
whom the child is ordinarily
resident;
(b) a guardian of the child;';
(b) in sub-section (2C) omit "or guardian";
10 (c) in sub-section (2D)--
(i) for "spouse's" substitute "partner's";
(ii) for "spouse" substitute "partner".
4.11 In sections 62(1) and (2), 68(1)(b) and 69(2), for "spouse"
(wherever occurring) substitute "partner".
15 4.12 In section 141(6), for " as a partner" substitute "in
partnership".
4.13 Insert the following heading to section 142--
"142. Payment to dependent partner".
4.14 In sections 142, 143(1), 144, 148(c) and 150(3), (5) and (6),
20 for "spouse" (wherever occurring) substitute "partner".
__________________
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SCHEDULE 3
Section 5
SUPERANNUATION SCHEMES
1. Country Fire Authority Act 1958
5 1.1. In section 3 insert the following definitions--
' "dependant" of a person means a person who is, or was at
the date of the person's death, wholly or partially
dependent on the person or who has, or had at that
date, a legal right to look to the person for financial
10 support;
"domestic partner" of a person means a person to whom
the person is not married but with whom the person is
living as a couple on a genuine domestic basis
(irrespective of gender);
15 "spouse" of a person means a person to whom the person is
married;'.
1.2 In section 110(1)--
(a) for paragraph (e) substitute--
"(e) for the provision, grant or payment of
20 superannuation, allowances, pensions or
gratuities to officers and employees of the
Authority or their spouses, domestic partners,
families, surviving spouses, surviving domestic
partners or dependants on the resignation,
25 retirement or death of those officers and
employees;";
(b) in paragraph (g) for sub-paragraph (ii) substitute--
"(ii) in the case of the death of any volunteer officer,
resulting from any such incident, to the spouse,
30 domestic partner, family and dependants of the
volunteer officer;".
2. Emergency Services Superannuation Act 1986
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2.1 In section 3--
(a) insert the following definitions--
' "child" in relation to a deceased contributor or
former contributor or member or former
5 member or police recruit or former police
recruit means a child of the person or the
person's partner other than any child born more
than 10 months after the person's death who
is--
10 (a) under 18 years of age; or
(b) between the age of 18 and 25 years and
in the opinion of the Board is a full-time
student;
"domestic partner" of a person means a person to
15 whom the person is not married but with
whom, in the opinion of the Board, the person
is, or was at the time at the person's death,
living as a couple on a genuine domestic basis
(irrespective of gender);
20 "partner" of a person means--
(a) in relation to a person who became
entitled to benefits under this Act before
the commencement of section 5 of the
Statute Law Amendment
25 (Relationships) Act 2000--
(i) the person's husband, wife,
widower or widow; or
(ii) a person of the opposite sex who,
though not married to the person, in
30 the opinion of the Board lives with
the person, or lived with the person
at the date of the person's death, on
a bona fide domestic basis as the
person's husband or wife;
35 (b) in any other case--the person's spouse or
domestic partner;';
(b) in the definition of "dependant", for "spouse",
substitute "partner";
(c) for the definition of "spouse" substitute--
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' "spouse" of a person means a person to whom the
person is, or was at the time of the person's
death, married;'.
2.2 In section 20O(1), for "spouse" substitute "partner".
5 2.3 In section 21, in the definition of "child", for "spouse"
substitute "partner".
2.4 In section 22(2), for "widows" substitute "surviving
partners".
2.5 In section 29(1)(b), for "spouse" substitute "partner".
10 3. Parliamentary Salaries and Superannuation Act 1968
3.1 In section 10(1)--
(a) insert the following definitions--
' "domestic partner" of a person means a person to
whom the person is not married but with
15 whom, in the opinion of the Board, the person
is, or was at the time of the person's death,
living as a couple on a genuine domestic basis
(irrespective of gender);
"partner" of a person means--
20 (a) in relation to a person who became
entitled to benefits under this Act before
the commencement of section 5 of the
Statute Law Amendment
(Relationships) Act 2000--
25 (i) the person's husband, wife, widower
or widow; or
(ii) a person of the opposite sex who,
though not married to the person, in
the opinion of the Board lives with
30 the person, or lived with the person
at the date of the person's death, on
a bona fide domestic basis as the
person's husband or wife;
(b) in any other case--the person's spouse or
35 domestic partner;';
(b) in the definition of "child", for "spouse" substitute
"partner";
(c) for the definition of "spouse" substitute--
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' "spouse" of a person means a person to whom the
person is, or was at the time of the person's
death, married;'.
3.2 In section 10(2), for "spouse" substitute "partner".
5 3.3 In section 13(4), for "spouses" substitute "partners".
3.4 In section 15(3) and (4), for "spouse" substitute "partner".
3.5 In section 18(1A), (1), (2), (3), (4), (6), (7), (8) and (10), for
"spouse" (wherever occurring) substitute "partner".
3.6 In section 21(3) and (4), for "widow" (wherever occurring)
10 substitute "surviving partner".
3.7 In section 23(3), for "spouse" substitute "partner".
4. State Employees Retirement Benefits Act 1979
4.1 In section 2(1)--
(a) insert the following definitions--
15 ' "domestic partner" of a person means a person to
whom the person is not married but with
whom, in the opinion of the Board, the person
is, or was at the time of the person's death,
living as a couple on a genuine domestic basis
20 (irrespective of gender);
"partner" means--
(a) in relation to a person who became
entitled to benefits under this Act before
the commencement of section 5 of the
25 Statute Law Amendment
(Relationships) Act 2000--
(i) the person's husband, wife,
widower or widow; or
(ii) a person of the opposite sex who,
30 though not married to the person, in
the opinion of the Board lives with
the person, or lived with the person
at the date of the person's death, on
a bona fide domestic basis as the
35 person's husband or wife;
(b) in any other case--the person's spouse or
domestic partner;';
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(b) in the definition of "child", for "spouse" substitute
"partner";
(c) for the definition of "spouse" substitute--
' "spouse" of a person means a person to whom the
5 person is, or was at the time of the person's
death, married;'.
4.2 In section 38(3), for "spouse" (wherever occurring)
substitute "partner".
4.3 In sections 42(1) and (2) and 43(2), for "spouse" substitute
10 "partner".
4.4 Insert the following heading to section 44--
"44. Benefits for partner and children on death of member
before retirement".
4.5 In section 44(1), (4) and (8), for "spouse" (wherever
15 occurring) substitute "partner".
4.6 Insert the following heading to section 45--
"45. Benefits for partner and children on death of
pensioner".
4.7 In section 45(1), (2), (3), (6), (7), (8) and (9), for "spouse"
20 (wherever occurring) substitute "partner".
4.8 Insert the following heading to section 47--
"47. Pension to child if no surviving partner".
4.9 Insert the following heading to section 48--
"48. Payments for children where partner dies".
25 4.10 In section 48, for "spouse" substitute "partner".
4.11 In section 55, for sub-section (3) substitute--
"(3) The Board must pay the balance of a beneficiary's
account--
(a) to the member when the member attains the age
30 of 65 years; or
(b) if the member dies sooner--on the member's
death to the member's partner or, if the member
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does not leave a partner, to the member's
personal representative.".
4.12 In section 57(3), for "spouse" (wherever occurring)
substitute "partner".
5 4.13 In section 57, for sub-section (4), substitute--
"(4) If a partial disability pensioner dies before the age of
65 without leaving a partner, the Board must pay the
balance of any lump sum held in the pensioner's name
in the Fund to the pensioner's personal
10 representative.".
4.14 In section 66, for "spouse" substitute "partner".
4.15 In section 68A(1), for "widows" substitute "surviving
partners".
4.16 In section 69(1)(b), for "spouse" substitute "partner".
15 5. State Superannuation Act 1988
5.1 In section 3(1)--
(a) insert the following definitions--
' "domestic partner" of a person means a person to
whom the person is not married but with
20 whom, in the opinion of the Board, the person
is, or was at the time of the person's death,
living as a couple on a genuine domestic basis
(irrespective of gender);
"partner" of a person means--
25 (a) in relation to a person who became
entitled to benefits under this Act before
the commencement of section 5 of the
Statute Law Amendment
(Relationships) Act 2000--
30 (i) the person's husband, wife,
widower or widow; or
(ii) a person of the opposite sex who,
though not married to the person, in
the opinion of the Board lives with
35 the person, or lived with the person
at the date of the person's death, on
a bona fide domestic basis as the
person's husband or wife;
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(b) in any other case--the person's spouse or
domestic partner;';
(b) in the definition of "child", for "spouse" substitute
"partner";
5 (c) in the definition of "dependant", for "spouse"
substitute "partner";
(d) for the definition of "spouse" substitute--
' "spouse" of a person means a person to whom the
person is, or was at the time of the person's
10 death, married;'.
5.2 In section 32, for "spouse" substitute "partner".
5.3 Insert the following heading to section 36--
"36. Pension to partner or children on death of revised
scheme member".
15 5.4 In section 36(1), (2), (4) and (5), for "spouse" (wherever
occurring) substitute "partner".
5.5 Insert the following heading to section 37--
"37. Pension to partner or children on death of revised
scheme member who is a pensioner".
20 5.6 In section 37(1), (2), (2A), (3) and (4), for "spouse"
(wherever occurring) substitute "partner".
5.7 In section 37, for sub-section (5) substitute--
"(5) A partner of a pensioner who became the pensioner's
partner after the pensioner's retirement is not entitled
25 to receive at the same time a pension as a surviving
partner and as a former contributor but is entitled to
whichever of those pensions is the greater.".
5.8 In section 39(1), (2), (3), (4) and (5), for "spouse"
substitute "partner".
30 5.9 Insert the following heading to section 40--
"40. Partner of a pensioner aged 60 years or over entitled
to convert part of pension to a lump sum".
5.10 In section 40(1), for "spouse" (wherever occurring)
substitute "partner".
35 5.11 Insert the following heading to section 41--
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"41. Partner of deceased revised scheme member under
age 60 may convert whole of pension to a lump sum".
5.12 In sections 41(1)(a), 43(1), 47(3) and (5), 48(1), 53(2) and
(6), 61(6) and 68(1), for "spouse" (wherever occurring)
5 substitute "partner".
5.13 In section 69(1), for "spouses" substitute "partners".
5.14 Insert the following heading in section 78--
"78. Desertion by pensioner of partner or child".
5.15 In sections 78(1) and 91(5), for "spouse" (wherever
10 occurring) substitute "partner".
6. Superannuation (Portability) Act 1989
6.1 In section 3(1)--
(a) insert the following definitions--
' "child" in relation to a deceased member or former
15 member means a child of the person or the
person's partner other than any child born more
than 10 months after the person's death who
is--
(a) under 18 years of age; or
20 (b) between the age of 18 and 25 years and
in the opinion of the administrators is a
full-time student;
"domestic partner" of a person means a person to
whom the person is not married but with
25 whom, in the opinion of the administrators, the
person is, or was at the time of the person's
death, living as a couple on a genuine domestic
basis (irrespective of gender);
"partner" of a person means--
30 (a) in relation to a person who became
entitled to benefits under this Act before
the commencement of section 5 of the
Statute Law Amendment
(Relationships) Act 2000--
35 (i) the person's husband, wife,
widower or widow; or
(ii) a person of the opposite sex who,
though not married to the person, in
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the opinion of the administrators
lives with the person, or lived with
the person at the date of the
person's death, on a bona fide
5 domestic basis as the person's
husband or wife;
(b) in any other case--the person's spouse or
domestic partner;';
(b) in the definition of "dependant", for "spouse"
10 substitute "partner";
(c) for the definition of "spouse" substitute--
' "spouse" of a person means a person to whom the
person is, or was at the time of the person's
death, married;'.
15 6.2 In section 7(5), for "spouse" (wherever occurring)
substitute "partner".
7. Transport Superannuation Act 1988
7.1 In section 3(1)--
(a) insert the following definitions--
20 ' "domestic partner" of a person means a person to
whom the person is not married but with
whom, in the opinion of the Board, the person
is, or was at the time of the person's death,
living as a couple on a genuine domestic basis
25 (irrespective of gender);
"partner" means--
(a) in relation to a person who became
entitled to benefits under this Act before
the commencement of section 5 of the
30 Statute Law Amendment
(Relationships) Act 2000--
(i) the person's husband, wife,
widower or widow; or
(ii) a person of the opposite sex who,
35 though not married to the person, in
the opinion of the Board lives with
the person, or lived with the person
at the date of the person's death, on
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a bona fide domestic basis as the
person's husband or wife;
(b) in any other case--the person's spouse or
domestic partner;';
5 (b) in the definition of "child", for "spouse" substitute
"partner";
(c) in the definition of "dependant", for "spouse"
substitute "partner";
(d) for the definition of "spouse" substitute--
10 ' "spouse" of a person means a person to whom the
person is, or was at the time of the person's
death, married;'.
7.2 In section 30(4), for "spouse" substitute "partner".
__________________
15
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SCHEDULE 4
Section 6
HEALTH RELATED LEGISLATION
1. Alcoholics and Drug-dependent Persons Act 1968
5 1.1 In section 3(1) insert the following definitions--
' "domestic partner" of a person means an adult person to
whom the person is not married but with whom the
person is in a relationship in which one or each of
them provides personal or financial commitment and
10 support of a domestic nature for the material benefit
of the other, irrespective of their genders and whether
or not they are living under the same roof, but does
not include a person who provides domestic support
and personal care to the person--
15 (a) for fee or reward; or
(b) on behalf of another person or an organisation
(including a government or government
agency, a body corporate or a charitable or
benevolent organisation);
20 "spouse" of a person means a person to whom the person is
married;'.
1.2 In section 3, after sub-section (2) insert--
'(3) For the purpose of the definition of "domestic
partner" in sub-section (1), a person is not a domestic
25 partner of another person only because they are co-
tenants.'.
1.3 In sections 11(2)(a) and 26(4)(b)(ii), for "husband or wife"
substitute "spouse or domestic partner".
2. Coroners Act 1985
30 2.1 In section 3 insert the following definitions--
' "domestic partner" of a person means an adult person, to
whom the person is not married but with whom the
person is in a relationship in which one or each of
them provides personal or financial commitment and
35 support of a domestic nature for the material benefit
of the other, irrespective of their genders and whether
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or not they are living under the same roof, but does
not include a person who provides domestic support
and personal care to the person--
(a) for fee or reward; or
5 (b) on behalf of another person or an organisation
(including a government or government
agency, a body corporate or a charitable or
benevolent organisation);
"spouse" of a person means a person to whom that person
10 is married;'.
2.2 At the end of section 3 insert--
'(2) For the purpose of the definition of "domestic
partner" in sub-section (1), a person is not a domestic
partner of another person only because they are co-
15 tenants.'.
2.3 In section 29(5)--
(a) for paragraphs (a) and (b) substitute--
"(a) if the person, immediately before death had a
spouse or domestic partner--the spouse or
20 domestic partner; or;
(b) if the person immediately before death did not
have a spouse or domestic partner or if the
spouse or domestic partner is not available--a
son or daughter of or over 18; or";
25 (b) in paragraphs (c), (d) and (e), after "spouse," insert
"domestic partner,".
2.4 In section 29, sub-section (6) is repealed.
2.5 In section 45(4)(b), after "spouse," insert "domestic
partner,".
30 3. Health Act 1958
3.1 In section 3(1), for the definition of "parent" substitute--
' "parent' includes--
(a) a step-parent;
(b) an adoptive parent;
35 (c) a foster parent;
(d) a guardian;
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(e) a person who has day to day care and control of
a child and with whom the child ordinarily
resides;'.
3.2 In section 131 insert the following definitions--
5 ' ''child" of a deceased person means a child of the person
or of the person's spouse or domestic partner;
"dependant" of a deceased person means--
(a) a person who was the spouse or domestic
partner of the person at the date of the person's
10 death;
(b) a child of the person;
(c) any other person who was, at the date of the
person's death, wholly or partially dependant on
the person for financial support;
15 "domestic partner" of a person means a person to whom
the person is not married but with whom the person is
living as a couple on a genuine domestic basis
(irrespective of gender);
"spouse" of a person means a person to whom the person is
20 married;'.
3.3 In section 144--
(a) in sub-section (1) omit "or a guardian";
(b) in sub-sections (4) and (5) omit "or guardian"
(wherever occurring).
25 3.4 In section 158, in the definition of "Maternal and Child
Health Centre" omit ", guardians".
4. Health Records Act 2001
4.1 In section 3(1)--
(a) insert the following definition--
30 ' "domestic partner" of a person means an adult
person to whom the person is not married but
with whom the person is in a relationship in
which one or each of them provides personal or
financial commitment and support of a
35 domestic nature for the material benefit of the
other, irrespective of their genders and whether
or not they are living under the same roof, but
does not include a person who provides
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domestic support and personal care to the
person--
(a) for fee or reward; or
(b) on behalf of another person or an
5 organisation (including a government or
government agency, a body corporate or
a charitable or benevolent organisation);
"spouse" of a person means a person to whom the
person is married;';
10 (b) in the definition of "immediate family member", in
paragraph (b), for "de facto spouse" substitute
"domestic partner".
4.2 In section 3, after sub-section (2) insert--
'(3) For the purpose of the definition of "domestic
15 partner" in sub-section (1), a person is not a domestic
partner of another person only because they are co-
tenants.'.
5. Human Tissue Act 1982
5.1 In section 3(1)--
20 (a) insert the following definitions--
' "domestic partner" of a person means an adult
person to whom the person is not married but
with whom the person is in a relationship in
which one or each of them provides personal or
25 financial commitment and support of a
domestic nature for the material benefit of the
other, irrespective of their genders and whether
or not they are living under the same roof, but
does not include a person who provides
30 domestic support and personal care to the
person--
(a) for fee or reward; or
(b) on behalf of another person or an
organisation (including a government or
35 government agency, a body corporate or
a charitable or benevolent organisation);
"spouse" of a person means a person to whom the
person is married;';
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(b) in the definition of "senior available next of kin", in
paragraph (b), for sub-paragraphs (i) and (ii)
substitute--
"(i) where the person, immediately before the
5 person's death, had a spouse or domestic
partner and that spouse or domestic partner is
available--the spouse or domestic partner;
(ii) where the person, immediately before the
person's death, did not have a spouse or
10 domestic partner or the spouse or domestic
partner is not available--a son or daughter of
the person who has attained the age of 18 years
and who is available;".
5.2 In section 3, after sub-section (3) insert--
15 '(4) For the purpose of the definition of "domestic
partner" in sub-section (1), a person is not a domestic
partner of another person only because they are co-
tenants.'.
6. Mental Health Act 1986
20 In section 3(1), after the definition of "security patient"
insert--
' "senior available next of kin" has the same meaning as in
the Human Tissue Act 1982;'.
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SCHEDULE 5
Section 7
CRIMINAL LAW LEGISLATION
1. Crimes (Family Violence) Act 1987
5 1.1 In section 3(1)--
(a) the definition of "de facto spouse" is repealed;
(b) insert the following definition--
' "domestic partner" of a person means an adult
person to whom the person is not married but
10 with whom the person is in a relationship in
which one or each of them provides personal or
financial commitment and support of a
domestic nature for the material benefit of the
other, irrespective of their genders and whether
15 or not they are living under the same roof, but
does not include a person who provides
domestic support and personal care to the
person--
(a) for fee or reward; or
20 (b) on behalf of another person or an
organisation (including a government or
government agency, a body corporate or
a charitable or benevolent organisation);';
(c) in the definition of "family member", in paragraph
25 (a), after "spouse" insert "or domestic partner";
(d) for the definition of "spouse" substitute--
' "spouse" of a person means a person to whom the
person is or was married;'.
1.2 In section 3(2), for "de facto spouses" (wherever occurring)
30 substitute "domestic partners".
1.3 In section 3, after sub-section (2) insert--
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'(3) For the purpose of the definition of "domestic
partner" in sub-section (1), a person is not a domestic
partner of another person only because they are co-
tenants.'.
5 2. Victims of Crime Assistance Act 1996
2.1 In section 3(1) insert the following definitions--
' "domestic partner" of a person means an adult person to
whom the person is not married but with whom the
person is in a relationship in which one or each of
10 them provides personal or financial commitment and
support of a domestic nature for the material benefit
of the other, irrespective of their genders and whether
or not they are living under the same roof, but does
not include a person who provides domestic support
15 and personal care to the person--
(a) for fee or reward; or
(b) on behalf of another person or an organisation
(including a government or government
agency, a body corporate or a charitable or
20 benevolent organisation);
"parent" of a child, means--
(a) a biological parent of the child;
(b) a step-parent of the child;
(c) an adoptive parent of the child;
25 (d) a foster parent of the child;
(e) a guardian of the child;
(f) a person who has responsibility for the care,
welfare and development of the child;
"spouse" of a person means a person to whom the person is
30 married;'.
2.2 In section 3, after sub-section (3) insert--
'(4) For the purpose of the definition of "domestic
partner" in sub-section (1), a person is not a domestic
partner of another person only because they are co-
35 tenants.'.
2.3 In section 10A--
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(a) in sub-section (3)(a), for "or de facto spouse"
substitute ", domestic partner or former domestic
partner";
(b) in sub-section (4)--
5 (i) paragraph (a) is repealed;
(ii) in paragraph (b), for "de facto spouses" (where
twice occurring) substitute "domestic
partners".
__________________
10
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SCHEDULE 6
Section 8
CONSUMER AND BUSINESS LEGISLATION
1. Co-operative Housing Societies Act 1958
5 1.1 In section 3(1) insert the following definitions--
' "domestic partner" of a person means an adult person to
whom the person is not married but with whom the
person is in a relationship in which one or each of
them provides personal or financial commitment and
10 support of a domestic nature for the material benefit
of the other, irrespective of their genders and whether
or not they are living under the same roof, but does
not include a person who provides domestic support
and personal care to the person--
15 (a) for fee or reward; or
(b) on behalf of another person or an organisation
(including a government or government
agency, a body corporate or a charitable or
benevolent organisation);
20 "spouse" of a person means a person to whom the person is
married;'.
1.2 In section 3, after sub-section (5) insert--
'(6) For the purpose of the definition of "domestic
partner" in sub-section (1), a person is not a domestic
25 partner of another person only because they are co-
tenants.'.
1.3 In section 26(2) and (3), after "spouse" insert "or domestic
partner".
1.4 In section 58, for sub-section (5) substitute--
30 "(5) A valuator must not value any property offered as a
security for an advance in which any of the following
persons is directly or indirectly interested--
(a) the valuator;
(b) the valuator's spouse or domestic partner;
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(c) a relative of the valuator or of the valuator's
spouse or domestic partner.".
2. Goods Act 1958
2.1 In section 114(4)--
5 (a) insert the following definitions--
' "domestic partner" of a person means an adult
person to whom the person is not married but
with whom the person is in a relationship in
which one or each of them provides personal or
10 financial commitment and support of a
domestic nature for the material benefit of the
other, irrespective of their genders and whether
or not they are living under the same roof, but
does not include a person who provides
15 domestic support and personal care to the
person--
(a) for fee or reward; or
(b) on behalf of another person or an
organisation (including a government or
20 government agency, a body corporate or
a charitable or benevolent organisation);
"spouse" of a person means a person to whom the
person is married;';
(b) in the definition of "guarantor", in paragraph (a), after
25 "spouse" (where twice occurring) insert "or domestic
partner".
2.2 In section 114, after sub-section (4) insert--
"(5) For the purpose of the definition of "domestic
partner" in sub-section (4), a person is not a domestic
30 partner of another person only because they are co-
tenants.".
3. Motor Car Traders Act 1986
3.1 In section 3(1) insert the following definitions--
' "domestic partner" of a person means an adult person to
35 whom the person is not married but with whom the
person is in a relationship in which one or each of
them provides personal or financial commitment and
support of a domestic nature for the material benefit
of the other, irrespective of their genders and whether
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or not they are living under the same roof, but does
not include a person who provides domestic support
and personal care to the person--
(a) for fee or reward; or
5 (b) on behalf of another person or an organisation
(including a government or government
agency, a body corporate or a charitable or
benevolent organisation);
"spouse" of a person means a person to whom the person is
10 married;'.
3.2 In section 3, after sub-section (9) insert--
'(10) For the purpose of the definition of "domestic
partner" in sub-section (1), a person is not a domestic
partner of another person only because they are co-
15 tenants.'.
3.3 In section 13A(1)(a) and (2)(a), for "defacto partner"
substitute "domestic partner".
4. Partnership Act 1958
4.1 Insert the following definitions in section 3--
20 ' "domestic partner" of a person means an adult person to
whom the person is not married but with whom the
person is in a relationship in which one or each of
them provides personal or financial commitment and
support of a domestic nature for the material benefit
25 of the other, irrespective of their genders and whether
or not they are living under the same roof, but does
not include a person who provides domestic support
and personal care to the person--
(a) for fee or reward; or
30 (b) on behalf of another person or an organisation
(including a government or government
agency, a body corporate or a charitable or
benevolent organisation);
"spouse" of a person means a person to whom the person is
35 married;'.
4.2 At the end of section 3 insert--
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'(2) For the purpose of the definition of "domestic
partner" in sub-section (1), a person is not a domestic
partner of another person only because they are co-
tenants.'.
5 4.3 In section 6(3)(c), for "spouse" substitute "spouse,
domestic partner".
5. Prostitution Control Act 1994
5.1 In section 3 insert the following definitions--
' "domestic partner" of a person means an adult person to
10 whom the person is not married but with whom the
person is in a relationship in which one or each of
them provides personal or financial commitment and
support of a domestic nature for the material benefit
of the other, irrespective of their genders and whether
15 or not they are living under the same roof, but does
not include a person who provides domestic support
and personal care to the person--
(a) for fee or reward; or
(b) on behalf of another person or an organisation
20 (including a government or government
agency, a body corporate or a charitable or
benevolent organisation);
"spouse" of a person means a person to whom the person is
married;'.
25 5.2 At the end of section 3 insert--
'(2) For the purpose of the definition of "domestic
partner" in sub-section (1), a person is not a domestic
partner of another person only because they are co-
tenants.'.
30 5.3 In sections 23(3)(b) and (c), 37(2)(a) and (3)(a), 51(2)(a)
and (3)(a), 75(3)(a) and (3A)(a) and 77(3)(a) and (3A)(a),
for "defacto partner" (wherever occurring) substitute
"domestic partner".
6. Retirement Villages Act 1986
35 6.1 In section 3(1)--
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(a) insert the following definitions--
' "domestic partner" of a person means an adult
person to whom the person is not married but
with whom the person is in a relationship in
5 which one or each of them provides personal or
financial commitment and support of a
domestic nature for the material benefit of the
other, irrespective of their genders and whether
or not they are living under the same roof, but
10 does not include a person who provides
domestic support and personal care to the
person--
(a) for fee or reward; or
(b) on behalf of another person or an
15 organisation (including a government or
government agency, a body corporate or
a charitable or benevolent organisation);
"spouse" of a person means a person to whom the
person is married;';
20 (b) in the definition of "retired person", in paragraphs (b)
and (c), after "spouse" insert "or domestic partner".
6.2 In section 3, after sub-section (2) insert--
'(3) For the purpose of the definition of "domestic
partner" in sub-section (1), a person is not a domestic
25 partner of another person only because they are co-
tenants.'.
7. Second-Hand Dealers and Pawnbrokers Act 1989
7.1 In section 3(1)--
(a) insert the following definitions--
30 ' "domestic partner" of a person means an adult
person to whom the person is not married but
with whom the person is in a relationship in
which one or each of them provides personal or
financial commitment and support of a
35 domestic nature for the material benefit of the
other, irrespective of their genders and whether
or not they are living under the same roof, but
does not include a person who provides
domestic support and personal care to the
40 person--
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(a) for fee or reward; or
(b) on behalf of another person or an
organisation (including a government or
government agency, a body corporate or
5 a charitable or benevolent organisation);
"spouse" of a person means a person to whom the
person is married;';
(b) in the definition of "associate", in paragraph (a), for
"de facto spouse" (where twice occurring) substitute
10 "domestic partner".
7.2 In section 3, after sub-section (2) insert--
'(3) For the purpose of the definition of "domestic
partner" in sub-section (1), a person is not a domestic
partner of another person only because they are co-
15 tenants.'.
8. Trustee Companies Act 1984
8.1 In section 4(1) insert the following definitions--
' "domestic partner" of a person means an adult person to
whom the person is not married but with whom the
20 person is in a relationship in which one or each of
them provides personal or financial commitment and
support of a domestic nature for the material benefit
of the other, irrespective of their genders and whether
or not they are living under the same roof, but does
25 not include a person who provides domestic support
and personal care to the person--
(a) for fee or reward; or
(b) on behalf of another person or an organisation
(including a government or government
30 agency, a body corporate or a charitable or
benevolent organisation);
"spouse" of a person means a person to whom the person is
married;'.
8.2 In section 4, after sub-section (4) insert--
35 '(5) For the purpose of the definition of "domestic
partner" in sub-section (1), a person is not a domestic
partner of another person only because they are co-
tenants.'.
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8.3 In section 27(1), after "spouse," insert "domestic partner,".
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SCHEDULE 7
Section 9
GENERAL LEGISLATION
1. Equal Opportunity Act 1995
5 In section 4--
(a) insert the following definitions--
' "domestic partner" of a person means a person to
whom the person is not married but with whom
the person is living as a couple on a genuine
10 domestic basis (irrespective of gender);
"spouse" of a person means a person to whom the
person is married;';
(b) the definition of "de facto spouse" is repealed;
(c) in the definition of "marital status", for paragraph (c)
15 substitute--
"(c) a domestic partner;";
(d) in the definition of "relative", for "de facto spouse"
(wherever occurring) substitute "domestic partner".
2. Fair Employment Act 2000
20 2.1 In section 4--
(a) insert the following definitions--
' "domestic partner" of a person means a person to
whom the person is not married but with whom
the person is living as a couple on a genuine
25 domestic basis (irrespective of gender);
"spouse" of a person means a person to whom the
person is married;';
(b) the definition of "de facto spouse" is repealed.
2.2 In section 4, in the definition of "immediate family"--
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(a) for paragraph (a) substitute--
"(a) the spouse or domestic partner, or a former
spouse or domestic partner, of the employee;
and";
5 (b) in paragraph (b), for "spouse" substitute "of the
spouse or domestic partner".
2.3 In section 33, for "maternity, paternity and adoption leave"
substitute "parental leave".
2.4 For sections 34 and 35 substitute--
10 '34. Definitions
In this Division--
"child" of an employee, other than for adoption
leave, means a child or step-child of the
employee or of the employee's spouse or
15 domestic partner, who is under the age of one
year;
"child" of an employee, for adoption leave, means a
child who is under the age of 5 years and
placed with the employee or the employee's
20 spouse or domestic partner for the purposes of
adoption, but does not include a child who--
(a) is a child or step-child of the employee or
of the employee's spouse or domestic
partner; or
25 (b) has previously lived continuously with
the employee for a period of 6 months or
more;
"parental leave" means maternity leave, adoption
leave or leave for a primary care-giver (other
30 than maternity leave).
35. Entitlement to parental leave
(1) After 12 months continuous service, an employee and
the employee's spouse or domestic partner are entitled
to a combined total of 52 weeks unpaid parental leave
35 on a shared basis in relation to the birth or adoption of
their child.
(2) Parental leave is to be available to only one parent at
a time, except that both parents may simultaneously
access the leave in the following circumstances--
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(a) for the birth of a child--an unbroken period of
one week at the time of the birth of the child;
(b) for adoption of a child--an unbroken period of
up to 3 weeks at the time of the placement of
5 the child.'.
2.5 In section 36(1), for "An employee" substitute "A pregnant
employee".
2.6 In section 36, for sub-section (3) substitute--
"(3) The employee must provide with a notice under sub-
10 section (2)(a) a statutory declaration stating
particulars of any period of parental leave sought or
taken by the employee's spouse or domestic partner
and that for the period of maternity leave the
employee will not engage in any conduct inconsistent
15 with the contract of employment.".
2.7 For section 38 substitute--
"38. Parental leave (other than maternity or adoption
leave)
An employee who is the spouse or domestic partner
20 of an employee who is pregnant or has given birth
must provide the employer at least 10 weeks prior to
each proposed period of parental leave with--
(a) a doctor's certificate which names the
employee's spouse or domestic partner, states
25 that the spouse or domestic partner is pregnant
and the expected date of birth, or states the date
on which the birth took place; and
(b) written notification of the dates on which the
employee wants to start and end the leave; and
30 (c) a statutory declaration stating--
(i) that the employee will take that period of
parental leave to become the primary
care-giver of a child; and
(ii) particulars of any period of parental
35 leave sought or taken by the employee's
spouse or domestic partner; and
(iii) that for the period of parental leave the
employee will not engage in any conduct
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inconsistent with the contract of
employment.".
2.8 In section 39(2)(b) and (5)(b), after "spouse" insert "or
domestic partner".
5 3. Guardianship and Administration Act 1986
3.1 In section 3(1)--
(a) insert the following definitions--
' "domestic partner" of a person means an adult
person to whom the person is not married but
10 with whom the person is in a relationship in
which one or each of them provides personal or
financial commitment and support of a
domestic nature for the material benefit of the
other, irrespective of their genders and whether
15 or not they are living under the same roof, but
does not include a person who provides
domestic support and personal care to the
person--
(a) for fee or reward; or
20 (b) on behalf of another person or an
organisation (including a government or
government agency, a body corporate or
a charitable or benevolent organisation);
"spouse" of a person means a person to whom the
25 person is married;';
(b) in the definition of "nearest relative", after "spouse"
(where twice occurring) insert "or domestic partner".
3.2 In section 3(2), paragraph (b) is repealed.
3.3 In section 3, after sub-section (3) insert--
30 '(4) For the purpose of the definition of "domestic
partner" in sub-section (1), a person is not a domestic
partner of another person only because they are co-
tenants.'.
3.4 In section 37--
35 (a) in sub-section (1)(f), after "spouse" insert "or
domestic partner";
(b) in sub-section (4)--
55
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Statute Law Amendment (Relationships) Bill 2000
Act No.
(i) after "spouse" (where twice occurring) insert
"or domestic partner";
(ii) paragraph (b) is repealed.
3.5 In section 58B(2)(o), for "de facto spouse" substitute
5 "domestic partner".
56
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Statute Law Amendment (Relationships) Bill 2000
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
57
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