Victorian Numbered Acts

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CONSTITUTION AMENDMENT (JUDICIAL PENSIONS) ACT 2008 (NO. 23 OF 2008) - SECT 23

Amendment of County Court Act 1958

    (1)     In section 3AA(1) of the County Court Act 1958 , for the definition of domestic partner substitute

"" domestic partner "of a person means—

        (a)     a person who is, or was at the time of the person's death, in a registered relationship with the person; or

        (b)     a person to whom the person is not married but with whom, in the opinion of the Minister, 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);".

    (2)     For section 3AA(2) of the County Court Act 1958 substitute

    "(2)     For the purposes of the definition of domestic partner in subsection (1)—

        (a)     "registered relationship" has the same meaning as in the Relationships Act 2008 ; and

        (b)     in determining whether persons who are not or were not in a registered relationship are or were 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.".

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