Family Protection Amendment Act 2001

1: Title
1: This Act is the Family Protection Amendment Act 2001.
2: In this Act, the Family Protection Act 1955 the principal Act
2: Commencement
This Act comes into force on 1 February 2002.
3: Application
The amendments to the principal Act in sections 4 to 7
4: Interpretation
Section 2 subsection (1)
1: In this Act, unless the context otherwise requires,— administration administrator section 2(1) of the Administration Act 1969 application child of a de facto relationship child of a marriage Court section 3A de facto partner section 2 of the Property (Relationships) Act 1976 de facto relationship section 2 of the Property (Relationships) Act 1976 stepchild
a: who is not a child of the deceased, but is a child of—
i: the deceased's husband or wife; or
ii: a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death and who the Court can make an order under this Act in favour of; and
b: who was living at the date of the marriage of the husband or wife to the deceased or, as the case requires, when that de facto partner and the deceased started living in the de facto relationship.
5: Persons entitled to claim under Act
1: Section 3(1) paragraph (a)
aa: a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death: .
2: Section 3(1) paragraph (e)
e: the parents of the deceased, though a parent of the deceased may not make a claim under this Act unless—
i: the parent was being maintained wholly or partly or was legally entitled to be maintained wholly or partly by the deceased immediately before his or her death; or
ii: at the date of the claim, no wife or husband of the deceased, and no de facto partner of the deceased who was living in a de facto relationship with the deceased at the date of his or her death and who the Court can make an order under this Act in favour of, and no child of a marriage or child of a de facto relationship of the deceased, is living.
6: Claims against estate of deceased person for maintenance
1: Section 4 subsection (1)
1: If any person (referred to in this Act as the deceased
1A: Subsection (1) Administration Act 1969 section 4A
2: Section 4(3) paragraph (a)
a: the person is—
i: the wife or husband of the deceased, or a de facto partner of the deceased who was living in a de facto relationship with the deceased at the date of his or her death; or
ii: a child of a marriage or a child of a de facto relationship of the deceased, or a child of a marriage or a child of a de facto relationship of any such child; or .
7: New
section 4A The principal Act is amended by inserting, after section 4
4A: Restrictions on orders in favour of certain de facto partners
1: This section applies to a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death if the de facto relationship is a relationship of short duration as defined in section 2 of the Property (Relationships) Act 1976
2: The Court cannot make an order under this Act in favour of a de facto partner to whom this section applies unless—
a: the Court is satisfied—
i: that there is a child of the de facto relationship; or
ii: that the de facto partner has made a substantial contribution to the de facto relationship; and
b: the Court is satisfied that failure to make the order would result in serious injustice to the de facto partner.
3: In subsection (2) child of the de facto relationship contribution section 2 of the Property (Relationships) Act 1976
8: Consequential repeal
The Status of Children Act 1969 sections 2(1) 3(1)(e) 4(3)(a)