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Veterans' Entitlements Amendment (Disability, War Widow and War Widower Pensions) Bill 2007

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5404-revised

 

2004-2005-2006-2007

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

Veterans’ Entitlements Amendment (Disability, War Widow and War Widower Pensions) Bill 2007

 

(1)     Schedule 1, page 3 (after line 3), before item 1, insert:

1A  Subsection 5E(1)

Insert:

de facto partner means a person 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.

[same-sex: same entitlements]

(2)     Schedule 1, page 3 (after line 3), before item 1, insert:

1B  Subsection 5E(1) (at the end of the definition of non-illness separated spouse )

At the end of the definition, add:

               ; or (c)  who is a de facto partner.

[definition]

(3)     Schedule 1, page 3 (after line 3), before item 1, insert:

1C  After paragraph 5E(2)(a)

Insert:

                   (ab)  the person is a de facto partner, or a person in a de facto relationship; or

[definition]

(4)     Schedule 1, page 3 (after line 3), before item 1, insert:

1D  Subparagraph 5E(2)(b)(iii)

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

[definition]

(5)     Schedule 1, page 3 (after line 3), before item 1, insert:

1E  Section 11A (and the heading)

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

[definition]