Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 9

Meaning of domestic partner

9. Meaning of domestic partner



(1) For the purposes of this Act, domestic partner of a person means-

   (a)  a person who is in a registered relationship within the meaning of the
        Relationships Act 2008 with the person; or

   (b)  an adult to whom the person is not married but with whom the person is
        in a relationship as a couple where one or each of the persons
        provides personal or financial commitment and support of a domestic
        nature for the support of the other person.

(2) For the purposes of subsection (1)(b), the following is irrelevant-

   (a)  the genders of the persons;

   (b)  whether or not the persons are living under the same roof.

(3) Also, for the purposes of subsection (1)(b), a person is not the domestic
partner of another person-





   (a)  if the person provides domestic support and personal care to the
        person-

   (i)  for fee or reward; or

   (ii) on behalf of another person or an organisation, including a government
        or non-government agency, a body corporate or a charitable or
        benevolent organisation; or

   (b)  merely because they are co-tenants.

(4) In deciding whether persons who are not in a registered relationship are
domestic partners of each other, all the circumstances of their relationship
are to be taken into account, including any one or more of the matters
referred to in section 35(2) of the Relationships Act 2008 as may be relevant
in a particular case.