STATUTE LAW AMENDMENT (RELATIONSHIPS) BILL 2000 2001 Explanatory Memoranda
STATUTE LAW AMENDMENT (RELATIONSHIPS) BILL 2000 2001
Statute Law Amendment (Relationships) Bill
As Sent Print
EXPLANATORY MEMORANDUM
General
The Statute Law Amendment (Relationships) Bill introduces the term
"domestic partner" into various Acts to recognise the rights and liabilities of
partners in domestic relationships irrespective of the gender of each partner.
A person's "partner" is defined for the purposes of the amendments to mean
the person's "spouse" or "domestic partner". "Spouse" is defined to mean a
party to a marriage.
Two definitions of "domestic partner" are used for the purposes of the
amendments, depending on the Act that is being amended.
The principal definition of "domestic partner" is defined to mean--
"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).
This definition is used for amendments to Acts dealing with property related
benefits (Schedule 1), compensation schemes (Schedule 2), superannuation
schemes (Schedule 3) and some amendments to general legislation (Schedule
7).
A broader definition of "domestic partner" is also used for the purpose of
some amendments, including amendments to health related legislation
(Schedule 4), criminal law legislation (Schedule 5) and consumer and
business legislation (Schedule 6). The broader definition of "domestic
partner" is defined to mean--
"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 as a couple
where 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 not include a person who provides domestic
support and personal care to the person--
541143 BILL LA AS SENT 3/5/2001
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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 a
charitable or benevolent organisation).
The broader definition of "domestic partner" differs from the principal
definition of "domestic partner" by expressly recognising relationships where
people may not necessarily live under the one roof, but are yet mutually
committed to an intimate personal relationship and shared life as a couple.
Both definitions of "domestic partner" are qualified, where appropriate, in the
amendments to the various Acts. For instance in order to determine whether
a person is a domestic partner of another, all the circumstances of the
relationship must be taken into account including a number of matters if
relevant. These matters have been inserted into section 275 of the Property
Law Act 1958 and include such things as the duration of the relationship and
degree of mutual commitment to a shared life.
The definition of "domestic partner" is intended to include every couple who
would currently be included under the term "de facto spouse" used in
Victorian Acts.
Clause Notes
Clause 1 sets out the purpose and object of the Act which is to amend
various Acts in relation to domestic relationships and to
recognise the rights and obligations of partners in domestic
relationships where there is mutual commitment to an intimate
personal relationship and shared life as a couple, irrespective of
the gender of each partner.
Clause 2 is the commencement provision. The provisions of the Act
(including the items in the Schedules) come into operation on a
day or days to be proclaimed. If a provision of the Act does not
come into operation before 1 January 2002, it comes into
operation on that day.
Clause 3 is the enabling provision for the amendments to Acts dealing
with property related benefits contained in Schedule 1.
Clause 4 is the enabling provision for the amendments to Acts dealing
with compensation schemes contained in Schedule 2.
Clause 5 is the enabling provision for the amendments to Acts dealing
with superannuation schemes contained in Schedule 3.
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Clause 6 is the enabling provision for the amendments to health related
legislation contained in Schedule 4.
Clause 7 is the enabling provision for the amendments to criminal law
legislation contained in Schedule 5.
Clause 8 is the enabling provision for the amendments to consumer and
business legislation contained in Schedule 6.
Clause 9 is the enabling provision for the amendments to general
legislation contained in Schedule 7.
SCHEDULE 1--PROPERTY RELATED BENEFITS
Schedule 1 contains amendments to the Administration and Probate Act
1958, Duties Act 2000, First Home Owner Grant Act 2000, Land Act
1958, Land Acquisition and Compensation Act 1986, Land Tax Act
1958, Landlord and Tenant Act 1958, Perpetuities and Accumulations
Act 1968, Property Law Act 1958, Residential Tenancies Act 1997,
Retail Tenancies Reform Act 1998, Sale of Land Act 1962, Stamps Act
1958 and the Wills Act 1997.
Item 1--Administration and Probate Act 1958
Item 1 of Schedule 1 deals with amendments to the Administration and
Probate Act 1958. Item 1.1 includes a number of new definitions. For the
purposes of the Act, a "domestic partner" of a person who dies is a person
who, although not married to the person--
· was living with the person at the time of the person's death as a couple
on a genuine domestic basis (irrespective of gender); and
· either--
(i) had lived with the person in that manner continuously for
a period of at least 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.
"Partner" of a person who dies is defined for the purposes of the Act to mean
the person's spouse or domestic partner.
Item 1.2 provides that in determining whether a person is a domestic partner
of another, all the circumstances of the relationship must be taken into
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account, including any of the matters (if relevant) referred to in section
275(2) of the Property Law Act 1958.
Item 1.3 amends section 32 which provides for an employer, who holds
money or other personal property for an employee who has died, and the
employer is satisfied by statutory declaration that the value of the estate of
the employee does not exceed $25 000, to pay the money to the employee's
surviving spouse or child, without requiring the production of probate or
letters of administration. Item 1.3 amends section 32 to enable an employer
to pay a deceased employee's money to the employee's surviving partner, or
child of the deceased employee or of the deceased employee's partner.
Items 1.4 to 1.6 amend section 37A to provide for the partner of a person
who dies intestate (i.e. without leaving a will) to obtain the intestate's interest
in the shared home. "Shared home" is defined to mean a residence that was
the principal place of residence of an intestate and the intestate's partner at
the time of the intestate's death.
Items 1.7 to 1.10 amend Division 6 of Part 1 to provide for an intestate's
domestic partner to obtain a share of the intestate's residuary estate. Item 1.9
sets out the scheme for determining distribution where the intestate leaves
both a spouse and a domestic partner.
Items 1.11 to 1.13 make miscellaneous amendments to sections 54, 71 and
99A to recognise domestic partners for the purposes of these sections.
Item 1.14 is a transitional provision which provides that despite the
amendments to Part 1 of the Principal Act made by the Bill, Part 1 as in force
before the commencement of the amendments continues to apply in relation
to the estate of an intestate who has died before the commencement of the
amendments.
Item 2--Duties Act 2000
Items 2.1 to 2.10 make amendments to the Duties Act 2000 to recognise an
expanded range of domestic relationships for the purpose of receiving
exemptions from duty in relation to various dutiable transactions.
The Duties Act 2000 is intended to replace the Stamps Act 1958 from 1 July
2001.
Item 3--First Home Owner Grant Act 2000
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Items 3.1 to 3.7 make various amendments to the First Home Owner Grant
Act 2000 to recognise an expanded range of domestic partners for the
purposes of the Act. A person is not eligible for a first home owner grant if
the person's spouse or domestic partner has previously owned a home and
received a grant.
Item 4--Land Act 1958
Items 4.1 to 4.3 amend the Land Act 1958 to recognise domestic partners for
the purposes of section 273, which prohibits the aggregation of leases by a
person or the person's spouse.
Item 5--Land Acquisition and Compensation Act 1986
Items 5.1 to 5.3 amend the Land Acquisition and Compensation Act 1986.
The effect of the amendment to section 45 of the Principal Act is that a loan
to a dispossessed home owner is repayable if the claimant's interest is sold or
if the claimant or the claimant's spouse or domestic partner cease to use the
land as a principal place of residence or if the claimant and the claimant's
spouse or domestic partner have both died.
Item 6--Land Tax Act 1958
Items 6.1 to 6.3 amend the Land Tax Act 1958 to recognise domestic
partners for the purpose of section 9 which specifies lands exempted from
land tax.
Item 7--Landlord and Tenant Act 1958
Items 7.1 to 7.7 amend the Landlord and Tenant Act 1958 to recognise
domestic partners for the purposes of Part 5 that provides for the control of
rents and recovery of possession.
Item 8--Perpetuities and Accumulations Act 1968
Items 8.1 to 8.5 amend the Perpetuities and Accumulations Act 1968 to
recognise an expanded range of domestic partners for the purposes of the
Act, which provides a statutory modification of the rule against perpetuities
and abolishes the rule against accumulation. Those rules limit the ability of
testators to control their assets beyond a reasonable period following the date
of disposition.
Item 9--Property Law Act 1958
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Items 9.1 to 9.6 amend the Property Law Act 1958 to enable domestic
partners (irrespective of the gender of the partners) who are living together or
have lived together as a couple on a genuine domestic basis to access the
property settlement scheme detailed in Part IX, on the breakdown of their
domestic relationship.
Item 9.4 is a transitional provision. It substitutes section 276 to provide that
Part IX as amended by the Bill applies to a person who has been a domestic
partner whether before or after the commencement of the amendments, but
does not apply to a person who was a partner in a domestic relationship that
ended before the commencement of the amendments.
New section 276 also provides that Part IX as in operation before the
commencement of the amendments in the Bill, continues to apply in relation
to a person who was a partner in a de facto relationship that ended before the
commencement of the amendments, whether or nor proceedings had been
commenced under Part IX.
Item 10--Residential Tenancies Act 1997
Items 10.1 to 10.3 amend the Residential Tenancies Act 1997 by inserting
definitions of "domestic partner", "partner" and "spouse". The new
definitions are relevant for the purposes of section 258 (which provides that a
landlord may give a tenant notice to vacate rented premises if the premises
are immediately after the termination date to be occupied (among other
people) by the landlord's spouse) and section 312 which is similar to section
258 but deals with the occupation of caravans.
Item 11--Retail Tenancies Reform Act 1998
Items 11.1 to 11.3 amend the Retail Tenancies Reform Act 1998 to include
a definition of "domestic partner" which is relevant for section 15 which
deals with the right of a tenant to a 5 year lease of retail premises.
Item 12--Sale of Land Act 1962
Items 12.1 to 12.3 amend the Sale of Land Act 1962 to recognise certain
domestic partners for the purposes of section 33. Section 33 prohibits a legal
practitioner from acting for both a vendor and purchaser under a terms
contract, unless the parties to the transaction are related to each other.
Item 13--Stamps Act 1958
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Items 13.1 to 13.11 amend the Stamps Act 1958 to recognise an expanded
range of domestic relationships for the purpose of receiving exemptions from
stamp duty. The Stamps Act 1958 is to be repealed and replaced by the
Duties Act 2000 from 1 July 2001.
Item 14--Wills Act 1997
Item 14.1 amends the Wills Act 1997 by inserting definitions of "domestic
partner" and "spouse". Item 14.2 provides that in determining whether a
person is a domestic partner of another, all the circumstances of the
relationship must be taken into account, including any of the matters (if
relevant) referred to in section 275(2) of the Property Law Act 1958.
Item 14.3 amends section 11 to provide that a person who witnesses a will or
the person's spouse or domestic partner, at the time the will is witnessed, is
not disqualified from taking a benefit under the will.
Item 14.4 amends sections 31 and 39 by replacing "de facto spouse" with
"domestic partner". The effect of the amendments is to protect from liability
a personal representative who makes a distribution to (amongst other
beneficiaries) the domestic partner of the deceased, subject to certain
qualifications specified in sections 31 and 39.
Item 14.4 also amends section 50(d) to provide for a domestic partner of the
testator to inspect and make copies of the testator's will.
SCHEDULE 2--COMPENSATION SCHEMES
Schedule 2 contains amendments to the Accident Compensation Act 1985,
the Education Act 1958, the Police Assistance Compensation Act 1968
and the Transport Accident Act 1986. The general effect of the
amendments in Schedule 2 is to extend compensation entitlements to a wider
range of domestic partners.
Item 1--Accident Compensation Act 1985
Items 1.1 to 1.7 amend the Accident Compensation Act 1985 to extend
workers compensation entitlements to non-heterosexual domestic partners of
workers who die after the amendments in the Bill come into operation.
In relation to workers who die before the commencement of the amendments,
compensation is only payable to the worker's spouse at the time of the
worker's death or the worker's opposite sex de facto partner, as currently
provided under the Act.
Item 2--Education Act 1958
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Items 2.1 and 2.3 amend the Education Act 1958 to extend workers
compensation entitlements to domestic partners of volunteer school workers
for volunteer student workers who die after the commencement of the
amendments.
In relation to volunteer school workers or volunteer student workers who die
before the commencement of the amendments, compensation is only payable
to the worker's spouse, as currently provided under the Act.
Item 3--Police Assistance Compensation Act 1968
Items 3.1 and 3.2 amend the Police Assistance Compensation Act 1968 to
expand the range of people who may be entitled to compensation in respect
of persons who have died in the course of assisting police, where the death
occurs after the commencement of the amendments.
In relation to a person who dies before the commencement of the
amendments, compensation is only payable to the deceased person's spouse,
as currently provided under the Act.
Item 4--Transport Accident Act 1986
Items 4.1 to 4.15 amend the Transport Accident Act 1986 to extend
compensation entitlements to non-heterosexual domestic partners of persons
who die as a result of a transport accident, after the commencement of the
amendments.
In relation to a person who dies before the commencement of the
amendments, compensation is only payable to the person's spouse or opposite
sex de facto partner at the time of death, as currently provided under the Act.
SCHEDULE 3--SUPERANNUATION SCHEMES
In general terms Schedule 3 amends various Acts regulating public sector
superannuation schemes, including the Country Fire Authority Act 1958,
the Emergency Services Superannuation Act 1986, the Parliamentary
Salaries and Superannuation Act 1968, the State Employees Retirement
Benefits Act 1979, the State Superannuation act 1988 and the Transport
Superannuation Act 1988. The effect of the amendments contained in
Schedule 3 is to extend superannuation entitlements to surviving non-
heterosexual domestic partners of members of superannuation schemes who
die. The amendments will only apply to persons who become entitled to
superannuation benefits or pensions after the amendments come into
operation.
Item 1--Country Fire Authority Act 1958
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Items 1.1 to 1.3 amend the Country Fire Authority Act 1958 to expand the
range of beneficiaries in respect of whom the Governor in Council may make
regulations for the provision of superannuation benefits on the death of an
officer or employee of the Country Fire Authority or compensation for the
death of a volunteer worker.
Item 2--Emergency Services Superannuation Act 1986
Items 2.1 to 2.6 amend the Emergency Services Superannuation Act 1986
to expand the range of beneficiaries who may be entitled to a member's
superannuation benefits upon that member's death.
The amendments make clear that in relation to a person who became entitled
to benefits before the commencement of the amendments, only the person's
spouse or opposite sex de facto partner who in the opinion of the Emergency
Services Superannuation Board lives or lived with the person on a bona fide
domestic basis, at the date of the person's death, is entitled to a member's
superannuation benefits, as currently provided under the Act.
Item 3--Parliamentary Salaries and Superannuation Act 1968
Item 3.1 to 3.8 amend the Parliamentary Salaries and Superannuation
Act 1968 to expand the range of beneficiaries who may be entitled to a
member's superannuation benefits upon that member's death.
The amendments make clear that in relation to a person who became entitled
to benefits before the commencement of the amendments, only the person's
spouse or opposite sex de facto partner who in the opinion of the State
Superannuation Board lives or lived with the person on a bona fide domestic
basis, at the date of the person's death, is entitled to a member's
superannuation benefits, as currently provided under the Act.
Item 4--State Employees Retirement Benefits Act 1979
Items 4.1 to 4.17 amend the State Employees Retirement Benefits Act
1979 to expand the range of beneficiaries who may be entitled to a member's
superannuation benefits upon that member's death.
The amendments make clear that in relation to a person who became entitled
to benefits before the commencement of the amendments, only the person's
spouse or opposite sex de facto partner who in the opinion of the State
Superannuation Board lives or lived with the person on a bona fide domestic
basis, at the date of the person's death, is entitled to a member's
superannuation benefits, as currently provided under the Act.
Item 5--State Superannuation Act 1988
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Items 5.1 to 5.16 amend the State Superannuation Act 1988 to expand the
range of beneficiaries who may be entitled to a member's superannuation
benefits upon that member's death.
The amendments make clear that in relation to a person who became entitled
to benefits before the commencement of the amendments, only the person's
spouse or opposite sex de facto partner who in the opinion of the State
Superannuation Board lives or lived with the person on a bona fide domestic
basis, at the date of the person's death, is entitled to a member's
superannuation benefits, as currently provided under the Act.
Item 6--Superannuation (Portability) Act 1989
Items 6.1 to 6.3 amend the Superannuation (Portability) Act 1989 to
expand the range of beneficiaries who may be entitled to a member's deferred
retirement benefits upon that member's death.
The amendments make clear that in relation to a person who became entitled
to benefits before the commencement of the amendments, only the person's
spouse or opposite sex de facto partner who in the opinion of the
administrators (of the respective Fund) lives or lived with the person on a
bona fide domestic basis, at the date of the person's death, is entitled to a
member's deferred retirement benefits, as currently provided under the Act.
Item 7--Transport Superannuation Act 1988
Items 7.1 to 7.3 amend the Transport Superannuation Act 1988 to expand
the range of beneficiaries who may be entitled to a member's superannuation
benefits upon that member's death.
The amendments make clear that in relation to a person who became entitled
to benefits before the commencement of the amendments, only the person's
spouse or opposite sex de facto partner who in the opinion of the State
Superannuation Board lives or lived with the person on a bona fide domestic
basis, at the date of the person's death, is entitled to a member's
superannuation benefits, as currently provided under the Act.
SCHEDULE 4--HEALTH RELATED LEGISLATION
Schedule 4 includes amendments to health related legislation including the
Alcoholics and Drug Dependant Persons Act 1968, the Coroners Act
1985, the Health Act 1958, the Health Records Act 2001, the Human
Tissue Act 1982 and the Mental Health Act 1986. For the purposes of the
amendments contained in Schedule 4, a broader definition of "domestic
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partner" is adopted. The broader definition of "domestic partner" expressly
recognises relationships where people may not necessarily live under the one
roof, but are yet mutually committed to an intimate personal relationship and
shared life as a couple.
Item 1--Alcoholics and Drug-dependent Persons Act 1968
Items 1.1 to 1.3 amend the Alcoholics and Drug dependent Persons Act
1968 to expand the range of people who can bring a complaint to the court in
relation to an alcoholic or drug-dependent person. Where a complaint is
brought, the court can order the alcoholic or drug-dependent person who is
the subject of the complaint to attend and be admitted to an assessment
centre.
Item 2--Coroners Act 1985
Items 2.1 to 2.5 amend the Coroners Act 1985 to include domestic partners
within the definition of senior next of kin. Under the Act, senior next of kin
can make application to the Supreme Court for an order that no autopsy be
performed. Item 2.5 amends section 45 to permit domestic partners to appear
and be represented in certain inquests.
Item 3--Health Act 1958
Items 3.1 to 3.5 amend the Health Act 1958 to expand the range of
dependants who may make claims in respect of a person who has died as a
result of being infected through receiving or dealing with a blood or tissue
donation. This item also expands the range of persons who may be
considered the parent of a child for the purpose of providing an immunisation
status certificate in relation to that child.
Item 4--Health Records Act 2001
Items 4.1 and 4.2 amend the proposed Health Records Act to include
domestic partners within the definition of "immediate family member".
A health service provider is able to disclose health information about an
individual to an immediate family member of the individual if a number of
conditions outlined in the proposed Act are met.
Item 5--Human Tissue Act 1982
Items 5.1 and 5.2 amend the Human Tissue Act 1982 to include domestic
partners within the definition of "senior available next of kin". Under the
Act, the senior available next of kin of a person can authorise the removal of
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tissue after the person's death, authorise a post-mortem examination or
authorise an anatomical examination.
Item 6--Mental Health Act 1986
Item 6 amends the Mental Health Act 1986 by including a definition of
"senior available next of kin" by reference to the definition in the Human
Tissue Act 1982. Under the Act, the senior available next of kin of a
deceased person (who was a psychiatric patient or received psychiatric
services from a relevant psychiatric service) can consent to the giving of
information about the deceased person to a third party.
SCHEDULE 5--CRIMINAL LAW LEGISLATION
Schedule 5 contains amendments to the Crimes (Family Violence Act) 1987
and the Victims of Crime Assistance Act 1996. For the purposes of the
amendments contained in Schedule 5, a broader definition of "domestic
partner" is adopted. The broader definition of "domestic partner" expressly
recognises relationships where people may not necessarily live under the one
roof, but are yet mutually committed to an intimate personal relationship and
shared life as a couple.
Item 1--Crimes (Family Violence) Act 1987
Items 1.1 to 1.3 amend the Crimes (Family Violence) Act 1987 to include
non-heterosexual domestic partners within the definition of "family member"
in the Act. Under the Act, an aggrieved family member can make a
complaint for an intervention order. The court can also make an intervention
order in respect of a person if satisfied on the balance of probabilities that the
person has assaulted a family member, the person has threatened to assault a
family member of the person has harassed or molested a family member.
Item 2--Victims of Crime Assistance Act 1996
Items 2.1 to 2.3 amend the Victims of Crime Assistance Act 1996 to
include non-heterosexual domestic partners within the definition of "family
member" for the purposes of section 10A which provides for additional
assistance to certain secondary victims.
SCHEDULE 6--CONSUMER AND BUSINESS LEGISLATION
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In general terms Schedule 6 amends various Acts regulating licensing of
various industries in Victoria to extend the imposition of existing
requirements and obligations to non-heterosexual domestic partners. For the
purposes of the amendments contained in Schedule 6, a broader definition of
"domestic partner" is adopted. The broader definition of "domestic partner"
expressly recognises relationships where people may not necessarily live
under the one roof, but are yet mutually committed to an intimate personal
relationship and shared life as a couple.
Item 1--Co-operative Housing Societies Act 1958
Items 1.1 to 1.4 amend the Co-operative Housing Societies Act 1958 to--
· expand the range of relationships for the purposes of when a co-
operative housing society may access moneys made available under
an insurance policy; and
· expand the range of relationships for the purposes of prohibiting a
valuator from valuing a property offered as security in which the
valuator or their partner has a direct or indirect interest.
Item 2--Goods Act 1958
Items 2.1 and 2.2 amend the Goods Act 1958 to expand the range of
relationships for the purposes of determining persons who are in relationship
with the seller of goods and services, who will not be able to enjoy limited
liability in guarantee contracts.
Item 3--Motor Car Traders Act 1986
Items 3.1 to 3.3 amend the Motor Car Traders Act 1986 to expand the
range of persons who may be considered an associate of an applicant, for the
purposes of determining if a person is fit and proper to hold a licence.
Item 4--Partnership Act 1958
Items 4.1 to 4.3 amend the Partnership Act 1958 to take into account a
greater range of persons receiving a share of the profits in a business for the
purpose of determining the existence of a partnership.
Item 5--Prostitution Control Act 1994
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Items 5.1 to 5.3 amend the Prostitution Control Act 1994 to expand the
range of persons who may be considered to be associated with each other for
licensing purposes.
Item 6--Retirement Villages Act 1986
Items 6.1 and 6.2 amend the Retirement Villages Act 1986 to expand the
range of persons who may be considered the partner of a retired person for
the purposes of conferring certain rights and obligations relating to residence
in a retirement village.
Item 7--Second Hand Dealers and Pawnbrokers Act 1989
Items 7.1 and 7.2 amend the Second Hand Dealers and Pawnbrokers Act
1989 to expand the range of persons who may be considered an associate of
an applicant, for the purposes of regulating the granting and cancellation of
registration.
Item 8--Trustee Companies Act 1984
Items 8.1 to 8.3 amend the Trustee Companies Act 1984 to expand the
range of persons interested in an estate administered by a trustee company on
whose behalf the Attorney-General may seek an order for the trustee
company to provide sufficient account of assets and property.
SCHEDULE 7--GENERAL LEGISLATION
Item 1--Equal Opportunity Act 1995
Item 1.1 amends the Equal Opportunity Act 1995 to--
· include non-heterosexual domestic partners in the range of people
who can claim discrimination on the basis of marital status; and
· expand the range of persons who may be considered to be a relative
for the purposes of claiming an exemption under the Principal Act.
The expansion of the definition of "marital status" will also affect the
exemption in relation to superannuation schemes--see section 73(2).
Item 1.2 provides that in determining whether a person is a domestic partner
of another, all the circumstances of the relationship must be taken into
account, including any of the matters (if relevant) referred to in section
275(2) of the Property Law Act 1958.
Item 2--Guardianship and Administration Act 1986
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Item 2.1 to 2.5 amend the Guardianship and Administration Act 1986 to
extend rights to consent to medical and other treatment to non-heterosexual
domestic partners of a patient. Item 2.5 amends section 58B to permit a
represented person's administrator to pay maintenance to the represented
person's non-heterosexual domestic partner.
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