Victorian Numbered Acts

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COUNTY COURT AMENDMENT (KOORI COURT) ACT 2008 (NO. 51 OF 2008) - SECT 10

Consequential amendment of Principal Act

    (1)     For section 3AAB(2)(a) of the Principal Act substitute

    "(a)     "domestic partner" of a person means—

              (i)     a person who is in a registered relationship with the person; or

              (ii)     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—

    (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);".

    (2)     For section 3AAB(3) of the Principal Act substitute

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

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

        (b)     in determining 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; and

        (c)     a person is not a domestic partner of another person only because they are co-tenants.".

    (3)     In section 4A(4) of the Principal Act, for "section 3B" insert "sections 3B and 3BA".

    (4)     For section 4E(b)(ii) of the Principal Act substitute

    "(ii)     a contravention of a family violence intervention order or a family violence safety notice under the Family Violence Protection Act 2008 or an offence arising out of the same conduct as that from which the contravention arose; and".



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