Document ID: chunk:federal_register_of_legislation:C2024C00723:section:126:p1
Version: federal_register_of_legislation:C2024C00723
Segment Type: section
Provision Reference: s 126 (pt 1/2)
Character Range: 159442–161979

126  Relationship definitions

Meaning of eligible spouse
 (1) For the purposes of this Chapter, subsections (2), (3) and (4) set out the 3 circumstances in which a person is an eligible spouse of a Judge, or a retired disabled Judge, who dies.
 (2) A person is an eligible spouse of a Judge who dies if the person had a marital or couple relationship with the Judge at the time of the death of the Judge.
 (3) A person is an eligible spouse of a retired disabled Judge who dies if:
 (a) the person had a marital or couple relationship with the Judge at the time of the Judge's death; and
 (b) the marital or couple relationship began:
 (i) before the Judge retired; or
 (ii) before the Judge attained the age of 60 years.
 (4) A person is an eligible spouse of a Judge, or a retired disabled Judge, who dies if:
 (a) the person had previously had a marital or couple relationship with the Judge; and
 (b) the person did not, at the time of the Judge's death, have a marital or couple relationship with the Judge but was legally married to the Judge; and
 (c) in the Minister's opinion, the person was wholly or substantially dependent upon the Judge at the time of the Judge's death; and
 (d) in the case of a marital or couple relationship that began after the Judge retired—the marital or couple relationship began before the Judge attained the age of 60 years.
Note: For review of decisions under paragraph (4)(c), see subsection (9).

Meaning of marital or couple relationship
 (5) For the purposes of this Chapter, a person had a marital or couple relationship with another person at a particular time if:
 (a) the person had been living with the other person as the other person's husband, wife, spouse or partner for a continuous period of at least 3 years up to that time; or
 (b) both:
 (i) the person had been living with the other person as the other person's husband, wife, spouse or partner for a continuous period of less than 3 years up to that time; and
 (ii) the Minister, having regard to any relevant evidence, is of the opinion that the person ordinarily lived with the other person as the other person's husband, wife, spouse or partner on a permanent and bona fide domestic basis at that time;
whether or not the person was legally married to the other person.
Note 1: Subsection (7) lists some of the evidence relevant to subparagraph (5)(b)(ii).
Note 2: For review of decisions under subparagraph (5)(b)(ii), see subsection (9).
 (6) For the purposes of this Chapter, a marital or couple relationship is taken to