Document ID: chunk:federal_register_of_legislation:C2011C00176:clause:1_11
Version: federal_register_of_legislation:C2011C00176
Segment Type: clause
Provision Reference: sch 1 cl 11
Character Range: 49274–50706

11  References to de facto partners

 (1) A reference in this Act to a de facto partner of a person is a reference to a person who is in a de facto relationship with the person.

 (2) A person is in a de facto relationship with another person if the two persons have a relationship as a couple and are not legally married.

 (3) In determining whether two persons are in a de facto relationship, all the circumstances of the relationship are to be taken into account, including such of the following matters as are relevant in the circumstances of the particular case:
 (a) the duration of the relationship;
 (b) the nature and extent of their common residence;
 (c) the degree of financial dependence or interdependence, and any arrangements for financial support, between them;
 (d) the ownership, use and acquisition of their property;
 (e) the degree of mutual commitment to a shared life;
 (f) the care and support of children;
 (g) the reputation and public aspects of the relationship.

 (4) No particular finding in relation to any circumstance is to be regarded as necessary in deciding whether two persons have a relationship as a couple.

 (5) For the purposes of subclause (3), the following matters are irrelevant:
 (a) whether the persons are different sexes or the same sex;
 (b) whether either of the persons is legally married to someone else or in another de facto relationship.

Part 2—Transitional provisions