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Health Legislation Amendment Bill 2007

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The Parliament of the

Commonwealth of Australia




Health Legislation Amendment Bill 2007


(1)     Page 7 (after line 4), at the end of the bill, add:


Schedule 3—Same-sex: same entitlements

National Health Act 1953

1  Subsection 4(1)


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.

2  Subsection 4(1) (definition of spouse )

Omit “spouse” (second occurring), substitute “partner”.

3  Subsection 84B(4) (paragraph (b) of the definition of spouse )

Omit “spouse”, substitute “partner”.