Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
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 of the person.
Note The Macquarie Dictionary, 3 rd edition 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 of 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
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
169A References to transgender people
(1) A "transgender person" is a person who—
(a) identifies as a member of a different sex by living, or seeking to live, as a member of that sex; or
(b) has identified as a member of a different sex by living as a member of that sex;
whether or not the person is a recognised transgender person.
(2) A "transgender person" includes a person who is thought of as a transgender person, whether or not the person is a recognised transgender person.
(3) A recognised transgender person is a person the record of whose sex is altered under the Births, Deaths and Marriages Registration Act 1997 , part 4 or the corresponding provisions of a law of a State or another Territory.
169B References to intersex people
An intersex person is a person who, because of a genetic condition, was born with reproductive organs or sex chromosomes that are not exclusively male or female.