Document ID: chunk:federal_register_of_legislation:C2025C00162:section:4:p2
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 4 (pt 2/4)
Character Range: 25590–28367

from the other person on a permanent or indefinite basis; or
 (aa) both of the following conditions are met:
 (i) a relationship between the person and another person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;
 (ii) the person is not, in the Secretary's opinion (formed as mentioned in subsection (3)), living separately and apart from the other person on a permanent or indefinite basis; or
 (b) all of the following conditions are met:
 (i) the person has a relationship with another person, whether of the same sex or a different sex (in this paragraph called the partner);
 (ii) the person is not legally married to the partner;
 (iii) the relationship between the person and the partner is, in the Secretary's opinion (formed as mentioned in subsections (3) and (3A)), a de facto relationship;
 (iv) both the person and the partner are over the age of consent applicable in the State or Territory in which they live;
 (v) the person and the partner are not within a prohibited relationship.

Member of a couple—criteria for forming opinion about relationship
 (3) In forming an opinion about the relationship between 2 people for the purposes of paragraph (2)(a), subparagraph (2)(aa)(ii) or subparagraph (2)(b)(iii), the Secretary is to have regard to all the circumstances of the relationship including, in particular, the following matters:
 (a) the financial aspects of the relationship, including:
 (i) any joint ownership of real estate or other major assets and any joint liabilities; and
 (ii) any significant pooling of financial resources especially in relation to major financial commitments; and
 (iii) any legal obligations owed by one person in respect of the other person; and
 (iv) the basis of any sharing of day‑to‑day household expenses;
 (b) the nature of the household, including:
 (i) any joint responsibility for providing care or support of children; and
 (ii) the living arrangements of the people; and
 (iii) the basis on which responsibility for housework is distributed;
 (c) the social aspects of the relationship, including:
 (i) whether the people hold themselves out as married to, or in a de facto relationship with, each other; and
 (ii) the assessment of friends and regular associates of the people about the nature of their relationship; and
 (iii) the basis on which the people make plans for, or engage in, joint social activities;
 (d) any sexual relationship between the people;
 (e) the nature of the people's commitment to each other, including:
 (i) the length of the relationship; and
 (ii) the nature of any companionship and