Penny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | Hansard source

I think the most helpful thing I can do for you, Senator Joyce, is to refer you to the definition of ‘relationship’ that is included in the Acts Interpretation Act. In the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Bill 2008, which is the bill we were previously discussing, in the second reading debate, the amendment to the Acts Interpretation Act was discussed. The de facto relationship definition contained in that bill—because of course we are discussing the superannuation bill at the moment—is as follows:

22C De facto relationships

(1)

For the purposes of paragraph 22A(b), a person is in a de facto relationship with another person if the persons:

(a)

are not legally married to each other; and

(b)

are not related by family (see subsection (6)); and

(c)

have a relationship as a couple living together on a genuine domestic basis.

(2)

In determining for the purposes of paragraph (1)(c) whether 2 persons have a relationship as a couple, all the circumstances of their relationship are to be taken into account, including any or all of the following circumstances:

(a)

the duration of the relationship;

(b)

the nature and extent of their common residence;

(c)

whether a sexual relationship exists;

(d)

the degree of financial dependence or interdependence, and any arrangements for financial support, between them;

(e)

the ownership, use and acquisition of their property;

(f)

the degree of mutual commitment to a shared life;

(g)

the care and support of children;

(h)

the reputation and public aspects of the relationship.

In terms of the definition of ‘de facto relationship’, as opposed to the reference which is contained in the superannuation bill, that should give the honourable senator some assistance.