Senator Bourne asked the Minister representing the Minister for Defence Industry, Science and Personnel, upon notice, on 20 June 1997:

(1) (a) What are the spousal and defacto entitlements for members of the Australian Defence Forces (ADF); and (b) can a copy of the guidelines, regulations, directives or orders regulating the benefits and conditions of spouses in the defence forces be provided.

(2) (a) What are the entitlements for members of the ADF who have same sex partners; and (b) can a copy of the guidelines, regulations, directives or orders regulating the benefits and conditions of same sex couples in the defence forces be provided.

(3) (a) What are the entitlements for members of the ADF who have defacto partners; and (b) can a copy of the guidelines, regulation, directives or orders regulating the benefits and conditions of de facto couples in the defence forces be provided.

(4) What, if any, regulations exist to recognise spouses, defacto partners and same sex partners in the ADF: (a) how is this done; and (b) what evidence is required to prove defacto or same sex couple status.

(5) Who decides whether a spouse, defacto or same sex partner is entitled to `partner' benefits in the defence forces.

(6) What are the entitlements for members of the ADF: (a) with a family; (b) without a family; and (c) can a copy be provided of the guidelines, regulations, directives or orders regulating the benefits and conditions of: (i) members with a family, and (ii) members without a family; in the defence forces.

(7) What, if any, regulations exist to recognise spouses, defacto partners and same sex partners as dependants of members of the ADF: (a) how is this done; and (b) what evidence is required to prove dependency status for defacto couples and same sex couples.

Senator Newman —In accordance with advice to the Minister for Defence Industry, Science and Personnel the following information is provided in response to the honourable senator's question:

(l) to (3) The Manual of Salaries and Conditions of Service for the Permanent Forces and the Manual of Pay and Conditions of Service for the Reserve Forces contains details of all financial conditions of service for members of the ADF. The entitlements of members with family are applicable to members in de jure marriages and ADF recognised de facto marriages.

The ADF does not recognise same sex partners, consequently, there are no regulations covering the recognition of same sex partners. Members with same sex partners do not have access to additional entitlements other than to those available to members without family.

The Manual for the members of the Permanent Forces consists of four volumes

.   Volume 1—Salary, Allowances, Bounties and Gratuities;

.   Volume 2—Travel and Removal Entitlements;

.   Volume 3—Accommodation, Leave, Compensation and Other Provisions; and

.   Volume 4—Conditions Relating to Overseas Service.

Because of the size and number of volumes involved I have not produced a copy of the Manuals. A copy is held in the Parliamentary Library, however, if this does not meet the Senator's needs I could arrange for a copy to be provided.

Should the Senator require a synopsis of the ADF's Conditions of Service, a Parliamentary Research paper entitled `Conditions of Service in the Regular Defence Force' is also available from the Parliamentary Library. This document is presently being updated by library staff.

(4) Instruction 1001 of Volume 1 of the Manual for members of the Permanent Forces (copy provided) provides details on the procedure for recognition of a de facto marriage and the evidence a member may provide as proof that a relationship exists.

(a) De jure marriages are recognised on production of a marriage certificate by members. Recognition of de facto marriages is subject to the member providing suitable evidence of the relationship.

(b) Evidence may be provided under the following criteria: mutual support and interdependence; common household; elements of permanence or exclusivity in the relationship; recognition of marital status in public and private; mutual society and protection; and nurture and support of children.

(5) Applications for recognition of de facto marriages are generally approved at the unit level, however, where special circumstances exist or applications contain minimal evidence these are considered by the member's Service Office.

(6) (a) (b) and (c) The Manual of Salaries and Conditions of Service for the Permanent Forces and the Manual of Pay and Conditions of Service for the Reserve Forces contain details of all financial conditions of service for members of the ADF. Each instruction in these manuals clearly indicates whether it is applicable to members with family and/or members without family, but does not categorise conditions of service provisions under these headings. The entitlements of members with family are applicable to members in de jure marriages and ADF recognised de facto marriages.

(7) (a) and (b) Determination Number 45 of 1991 made under section 58B of the Defence Act 1903 provides for the recognition of dependants. In accordance with this determination a dependant in relation to a member is defined as the spouse of the member or a child. A spouse includes a de jure spouse or an ADF recognised de facto spouse. A child includes an adopted child, an ex-nuptial child, a foster child, a step-child or a ward who is a child of the member or spouse, is dependent on the member and is under 21 years of age or an invalid or infirm. A dependant is approved on provision of appropriate evidence (for example, marriage certificate, birth certificate or adoption papers) by the member. As the ADF does not recognise same sex partners, there are no regulations to recognise same sex partners as dependants of ADF members.