Australian Capital Territory Current Acts

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LEGISLATION ACT 2001 - SECT 169

References to domestic partner and domestic partnership

    (1)     In an Act or statutory instrument, a reference to a person's "domestic partner" is a reference to someone who lives with the person in a domestic partnership, and includes a reference to a spouse, civil union partner or civil partner of the person.

Note     The Macquarie dictionary, (1997) defines spouse as ‘either member of a married pair in relation to the other; one's husband or wife'.

    (2)     In an Act or statutory instrument, a domestic partnership is the relationship between 2 people, whether of a different or the same sex, living together as a couple on a genuine domestic basis.

Example—indicators to decide whether 2 people are in a domestic partnership

1     the length of their relationship

2     whether they are living together

3     if they are living together—how long and under what circumstances they have lived together

4     whether there is a sexual relationship between them

5     their degree of financial dependence or interdependence, and any arrangements for financial support, between or by them

6     the ownership, use and acquisition of their property, including any property that they own individually

7     their degree of mutual commitment to a shared life

8     whether they mutually care for and support children

9     the performance of household duties

10     the reputation, and public aspects, of the relationship between them

    (3)     In an Act or statutory instrument, a reference to a domestic partnership includes a reference to a marriage, a civil union and a civil partnership.



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