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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
(Amendment to be moved by Senator Bartlett on behalf of Australian Democrats in committee of the
whole)
(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:
1
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; 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]
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