Document ID: chunk:federal_register_of_legislation:C2008A00144:clause:14_90:p1
Version: federal_register_of_legislation:C2008A00144
Segment Type: clause
Provision Reference: sch 14 cl 90 (pt 1/2)
Character Range: 177883–180745

90  After Subdivision 960‑H of Division 960
Insert:

Subdivision 960‑J—Family relationships

Guide to Subdivision 960‑J

960‑250  What this Subdivision is about

      This Subdivision has 2 principles for defining family relationships.
      The first principle is to treat an unmarried couple (whether of the same sex or different sexes) in the same way as a married couple if:

                (a) their relationship is registered under particular State or Territory laws; or
                (b) they live together on a genuine domestic basis.

      The second principle is to treat anyone who is defined to be an individual's child in the same way as the individual's natural child would be treated.
      Both principles extend to tracing other family relationships, including beyond couples and children and their parents.

Table of sections

Operative provisions

960‑252 Object of this Subdivision
960‑255 Family relationships

Operative provisions

960‑252  Object of this Subdivision

 (1) The first object of this Subdivision is to ensure that the same consequences flow under this Act and the other Acts to which this Subdivision applies from the relationship between 2 people who are an unmarried couple (whether of the same sex or different sexes) as from a marriage, if:
 (a) the relationship is registered under a *State law or *Territory law (as mentioned in paragraph (a) of the definition of spouse in subsection 995‑1(1)); or
 (b) they live together on a genuine domestic basis.

 (2) The second object of this Subdivision is to ensure that under this Act and the other Acts to which this Subdivision applies, anyone who is defined to be an individual's *child is treated in the same way as if he or she were the individual's natural child.

960‑255  Family relationships

Relationships between couples

 (1) If one individual is the *spouse of another individual because of the definition of spouse in subsection 995‑1(1), relationships traced to, from or through the individual, and family groups of which either individual is a member, are to be determined in the same way as if the individual were legally married to the other individual.

Example: George and Angelika are not legally married but live together on a genuine domestic basis in a relationship as a couple. This Act treats them as part of each other's family.

Relationships involving children

 (2) If one individual is the *child of another individual because of the definition of child in subsection 995‑1(1), relationships traced to, from or through the individual, and family groups of which either individual is a member, are to be determined in the same way as if the individual were the natural child of the other individual.

Example: Clare's stepfather Frank has a sister Angela. This Act applies as if Angela were Clare's aunt because Clare is defined to