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Social Security Amendment (2007 Measures No. 1) Bill 2007

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The Parliament of the

Commonwealth of Australia





Social Security Amendment (2007 Measures No. 1) Bill 2007


(1)     Page 17 (after line 14), after Schedule 5, insert:


Schedule 5A—Same-sex, same entitlements

Social Security Act 1991

1  Subsection 4(1)


de factor 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.

2  Paragraph 4(2)(b) (definition of member of a couple )

Add at the end “and includes a de facto partner and people in a de facto relationship”.

3  Subsections 4(2), (3), (3A) and 24(2) (definition of marriage-like relationships )

Omit “marriage-like relationship”, substitute “de facto relationship”.

4  Paragraph 5(1)(a)

After “parent” (twice occurring), insert “or adoptive de facto partner”.

5  Section 1067C

Omit “marriage-like relationship” (wherever occurring), substitute “de facto relationship”.

6  Subsection 1067C(1)

After “married to” (wherever occurring), insert “or is in a de facto relationship with”.