Lyn Allison (Victoria, Australian Democrats) Share this | Hansard source

I move Democrat amendment (1) on sheet 5378:

(1)    Schedule 1, page 4 (after line 4), at the end of the Schedule, add:

5  Subsection 10AA(7)

Insert:

de facto partner means one of two people in a de facto relationship.

de facto relationship means a relationship between two people living together as a couple on a genuine domestic basis, where the relationship is not a marital relationship:

             (a)    in determining whether two people are in a de facto relationship, the circumstances of the relationship must be considered as a whole. Without limiting the generality of this paragraph, those circumstances may include:

                   (i)    the length of their relationship;

                  (ii)    how long and under what circumstances they have lived together;

                 (iii)    whether there is a sexual relationship between them;

                 (iv)    their degree of financial dependence or interdependence, and any arrangements for financial support, between or by them;

                  (v)    the ownership, use and acquisition of their property, including any property that they own individually;

                 (vi)    their degree of mutual commitment to a shared life;

                (vii)    whether they mutually care for and support children;

               (viii)    the performance of household duties;

                  (ix)    the reputation, and public aspects, of the relationship between them;

                   (x)    the existence of a statutory declaration signed by both persons stating that they regard themselves to be in a de facto relationship with the other person;

             (b)    a de facto relationship may be between two people of the same gender;

             (c)    to avoid doubt, two people may still be in a de facto relationship if they are living apart from each other on a temporary basis.

6  Subsection 10AA(7) (paragraph (b) of definition of spouse)

Omit “spouse”, substitute “partner”.

7  Subsection 23DZZID(1)

Insert:

de facto partner means one of two people in a de facto relationship.

de facto relationship means a relationship between two people living together as a couple on a genuine domestic basis, where the relationship is not a marital relationship:

             (a)    in determining whether two people are in a de facto relationship, the circumstances of the relationship must be considered as a whole. Without limiting the generality of this paragraph, those circumstances may include:

                   (i)    the length of their relationship;

                  (ii)    how long and under what circumstances they have lived together;

                 (iii)    whether there is a sexual relationship between them;

                 (iv)    their degree of financial dependence or interdependence, and any arrangements for financial support, between or by them;

                  (v)    the ownership, use and acquisition of their property, including any property that they own individually;

                 (vi)    their degree of mutual commitment to a shared life;

                (vii)    whether they mutually care for and support children;

               (viii)    the performance of household duties;

                  (ix)    the reputation, and public aspects, of the relationship between them;

                   (x)    the existence of a statutory declaration signed by both persons stating that they regard themselves to be in a de facto relationship with the other person;

             (b)    a de facto relationship may be between two people of the same gender;

             (c)    to avoid doubt, two people may still be in a de facto relationship if they are living apart from each other on a temporary basis.

8  Subsection 23DZZID(1) (definition of spouse)

Omit “de facto spouse”, substitute “de facto partner”.

This is our standard amendment, which would remove the discrimination against same-sex couples, which is inherent in this bill—and, I might say, as we found in the inquiry that was conducted, the report of which was tabled today, is inherent in 58 acts. That was discovered by the Human Rights and Equal Opportunity Commission. It is our view that it is time to end the discrimination against same-sex couples, and this amendment would have the effect of doing that.