{"id":"F2019L01082","name":"Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) (Veterans’ Affairs) Regulations 2019","slug":"same-sex-relationships-equal-treatment-in-commonwealth-laws-general-law-reform-veterans-affairs-regu","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440195,"registerId":"F2019L01082-fast-fetch-1775955917494","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) (Veterans’ Affairs) Regulations 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSame‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) (Veterans’ Affairs) Regulations 2019\n\nI, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 08 August 2019\n\nDavid Hurley\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nChristian Porter\n\nAttorney‑General\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\nPart 2—Matters of a transitional nature\n\n6 Transitional provision—sections 233 and 234 of the Military Rehabilitation and Compensation Act 2004\n\n7 Application provision—section 239 of the Military Rehabilitation and Compensation Act 2004\n\n8 Application provision—section 242 of the Military Rehabilitation and Compensation Act 2004\n\n9 Transitional provision—section 245 of the Military Rehabilitation and Compensation Act 2004\n\n10 Application provision—section 251 of the Military Rehabilitation and Compensation Act 2004\n\n11 Transitional provision—section 253 of the Military Rehabilitation and Compensation Act 2004\n\n12 Application provision—section 255 of the Military Rehabilitation and Compensation Act 2004\n\n13 Transitional provision—section 258 of the Military Rehabilitation and Compensation Act 2004\n\n14 Application provision—section 262 of the Military Rehabilitation and Compensation Act 2004\n\n15 Application provision—section 266 of the Military Rehabilitation and Compensation Act 2004\n\n16 Transitional provision—subsection 284(1) of the Military Rehabilitation and Compensation Act 2004\n\n17 Transitional provision—subsection 284(2) of the Military Rehabilitation and Compensation Act 2004\n\n18 Transitional provision—section 300 of the Military Rehabilitation and Compensation Act 2004\n\n19 Transitional provision—section 13A of the Veterans’ Entitlements Act 1986\n\n20 Transitional provision—subsections 20(2A) and (2B) of the Veterans’ Entitlements Act 1986\n\n21 Transitional provision—section 20 of the Veterans’ Entitlements Act 1986\n\n22 Transitional provision—Part III of the Veterans’ Entitlements Act 1986\n\n23 Transitional provision—subsection 86(2) of the Veterans’ Entitlements Act 1986\n\n24 Transitional provision—paragraph 86(4)(a) of the Veterans’ Entitlements Act 1986\n\n25 Transitional provision—Part VII of the Veterans’ Entitlements Act 1986\n\n26 Transitional provision—Part VIIC of the Veterans’ Entitlements Act 1986\n\nSchedule 1—Repeals\n\nSame‑Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) (Veterans’ Affairs) Regulations 2009\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) (Veterans’ Affairs) Regulations 2019.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 22 August 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under item 86 of Schedule 2 to the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\n  In this instrument:\n\nAct means the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008.\n\nPart 2—Matters of a transitional nature\n\n \n\n6  Transitional provision—sections 233 and 234 of the Military Rehabilitation and Compensation Act 2004\n\n (1) This section applies if:\n\n (a) a member died before 1 July 2009; and\n\n (b) at the time of the member’s death, a person was not the wholly dependent partner of the member; and\n\n (c) the person would have been the wholly dependent partner of the member if the Act had been in force at the time of the member’s death.\n\n (2) For the purposes of section 233 of the Military Rehabilitation and Compensation Act 2004, the person is taken to have been the wholly dependent partner of the member.\n\n (3) For the purposes of section 234 of the Military Rehabilitation and Compensation Act 2004, the date of the member’s death is taken to be 1 July 2009.\n\n7  Application provision—section 239 of the Military Rehabilitation and Compensation Act 2004\n\n (1) This section applies if:\n\n (a) a member died before 1 July 2009; and\n\n (b) at the time of the member’s death, a person was not the wholly dependent partner of the member; and\n\n (c) the person would have been the wholly dependent partner of the member if the Act had been in force at the time of the member’s death.\n\n (2) For the purposes of section 239 of the Military Rehabilitation and Compensation Act 2004, the person is taken to have been the wholly dependent partner of the member.\n\n (3) Compensation for the cost of obtaining financial advice, under section 239 of the Military Rehabilitation and Compensation Act 2004, is not payable for financial advice received by the person before 1 July 2009.\n\n8  Application provision—section 242 of the Military Rehabilitation and Compensation Act 2004\n\n (1) This section applies if:\n\n (a) a member died before 1 July 2009; and\n\n (b) at the time of the member’s death, a person was not the wholly dependent partner of the member; and\n\n (c) the person would have been the wholly dependent partner of the member if the Act had been in force at the time of the member’s death.\n\n (2) For the purposes of section 242 of the Military Rehabilitation and Compensation Act 2004, the Commonwealth is not liable to pay compensation to the person.\n\n9  Transitional provision—section 245 of the Military Rehabilitation and Compensation Act 2004\n\n (1) This section applies if:\n\n (a) a member died before 1 July 2009; and\n\n (b) at the time of the member’s death, a person was not the wholly dependent partner of the member; and\n\n (c) the person would have been the wholly dependent partner of the member if the Act had been in force at the time of the member’s death.\n\n (2) For the purposes of section 245 of the Military Rehabilitation and Compensation Act 2004, the person is taken to have been the wholly dependent partner of the member.\n\n10  Application provision—section 251 of the Military Rehabilitation and Compensation Act 2004\n\n (1) This section applies if:\n\n (a) a member died before 1 July 2009; and\n\n (b) a person is an eligible young person; and\n\n (c) before 1 July 2009, the person was not a dependant of the member; and\n\n (d) the person would have been a dependant of the member if the Act had been in force at the time of the member’s death.\n\n (2) The Commonwealth is not liable to pay compensation to the person under section 251 of the Military Rehabilitation and Compensation Act 2004.\n\n11  Transitional provision—section 253 of the Military Rehabilitation and Compensation Act 2004\n\n (1) This section applies if:\n\n (a) a member died before 1 July 2009; and\n\n (b) a person is an eligible young person; and\n\n (c) before 1 July 2009, the person was not a dependant of the member; and\n\n (d) immediately before the member’s death, the person was wholly or mainly dependent on the member; and\n\n (e) the person would have been a dependant of the member if the Act had been in force at the time of the member’s death.\n\n (2) For the purposes of subsection 253(1) of the Military Rehabilitation and Compensation Act 2004, compensation is payable to the person for a week or part of a week occurring after 30 June 2009, as if the member had died on 1 July 2009.\n\n12  Application provision—section 255 of the Military Rehabilitation and Compensation Act 2004\n\n (1) This section applies if:\n\n (a) a member died before 1 July 2009; and\n\n (b) a person is an eligible young person; and\n\n (c) before 1 July 2009, the person was not a dependant of the member; and\n\n (d) immediately before the member’s death, the person was wholly or mainly dependent on the member; and\n\n (e) the person would have been a dependant of the member if the Act had been in force at the time of the member’s death.\n\n (2) The Commonwealth is not liable to pay compensation to the person under section 255 of the Military Rehabilitation and Compensation Act 2004.\n\n13  Transitional provision—section 258 of the Military Rehabilitation and Compensation Act 2004\n\n (1) This section applies if:\n\n (a) a member died before 1 July 2009; and\n\n (b) a person is an eligible young person; and\n\n (c) immediately before the member’s death, the person was not a dependant of the member; and\n\n (d) the person would have been a dependant of the member if the Act had been in force at the time of the member’s death.\n\n (2) For the purposes of subsection 258(1) of the Military Rehabilitation and Compensation Act 2004:\n\n (a) the power to determine a scheme to provide education and training is taken to include the power to determine a scheme to provide education and training to the person; and\n\n (b) benefits under a scheme determined under subsection 258(1) of the Military Rehabilitation and Compensation Act 2004 are not payable to the person before 1 July 2009.\n\n14  Application provision—section 262 of the Military Rehabilitation and Compensation Act 2004\n\n (1) This section applies if:\n\n (a) a member died before 1 July 2009; and\n\n (b) immediately before the member’s death, a person was not a dependant of the member; and\n\n (c) the person would have been a dependant of the member if the Act had been in force at the time of the member’s death; and\n\n (d) the person would not have been:\n\n (i) the wholly dependent partner of the member; or\n\n (ii) an eligible young person who was a dependant of the member;\n\n  if the Act had been in force at the time of the member’s death.\n\n (2) The Commonwealth is not liable to pay compensation to the person under section 262 of the Military Rehabilitation and Compensation Act 2004.\n\n15  Application provision—section 266 of the Military Rehabilitation and Compensation Act 2004\n\n (1) This section applies if:\n\n (a) a member died before 1 July 2009; and\n\n (b) immediately before the member’s death, a person was not a dependant of the member; and\n\n (c) the person would have been a dependant of the member if the Act had been in force at the time of the member’s death.\n\n (2) The Commonwealth is not liable to pay compensation to the person for the cost of the deceased member’s funeral, under section 266 of the Military Rehabilitation and Compensation Act 2004.\n\n16  Transitional provision—subsection 284(1) of the Military Rehabilitation and Compensation Act 2004\n\n (1) This section applies if:\n\n (a) a member died before 1 July 2009; and\n\n (b) at the time of the member’s death, a person was not the wholly dependent partner of the member; and\n\n (c) the person would have been the wholly dependent partner of the member if the Act had been in force at the time of the member’s death.\n\n (2) For the purposes of subsection 284(1) of the Military Rehabilitation and Compensation Act 2004:\n\n (a) the person is taken to be entitled to treatment under Part 3 of Chapter 6 of the Military Rehabilitation and Compensation Act 2004 for any injury or disease of the person; and\n\n (b) the date of the member’s death is taken to be 1 July 2009.\n\n17  Transitional provision—subsection 284(2) of the Military Rehabilitation and Compensation Act 2004\n\n (1) This section applies if:\n\n (a) a member died before 1 July 2009; and\n\n (b) a person is an eligible young person; and\n\n (c) immediately before the member’s death:\n\n (i) the person was not a dependant of the member; and\n\n (ii) the person was wholly or mainly dependent on the member; and\n\n (d) the person would have been a dependant of the member if the Act had been in force at the time of the member’s death.\n\n (2) For the purposes of subsection 284(2) of the Military Rehabilitation and Compensation Act 2004:\n\n (a) the person is taken to be entitled to treatment under Part 3 of Chapter 6 of the Military Rehabilitation and Compensation Act 2004 for any injury or disease of the person; and\n\n (b) the date of the member’s death is taken to be 1 July 2009.\n\n18  Transitional provision—section 300 of the Military Rehabilitation and Compensation Act 2004\n\n  For the purposes of section 300 of the Military Rehabilitation and Compensation Act 2004, a person to whom section 16 or 17 of this instrument applies is taken to be entitled to treatment under Part 3 of Chapter 6 of the Military Rehabilitation and Compensation Act 2004 from 30 June 2009.\n\nNote: Section 300 of the Military Rehabilitation and Compensation Act 2004 provides that a person who is eligible for treatment under Part 3 of Chapter 6 of that Act is eligible for pharmaceutical allowance.\n\n19  Transitional provision—section 13A of the Veterans’ Entitlements Act 1986\n\n (1) This section applies if:\n\n (a) a veteran died before 1 July 2009; and\n\n (b) immediately before the veteran’s death, a person was not a dependant of the veteran; and\n\n (c) the person would have been a dependant of the veteran if the Act had been in force at the time of the veteran’s death.\n\n (2) On or after 1 July 2009, section 13A of the Veterans’ Entitlements Act 1986 applies to the person as if the person is a dependant of the veteran.\n\n20  Transitional provision—subsections 20(2A) and (2B) of the Veterans’ Entitlements Act 1986\n\n (1) This section applies if:\n\n (a) a veteran died before 1 July 2009; and\n\n (b) immediately before the veteran’s death, a person was not a dependant of the veteran; and\n\n (c) the person would have been a dependant of the veteran if the Act had been in force at the time of the veteran’s death; and\n\n (d) subsection 20(2A) or (2B) of the Veterans’ Entitlements Act 1986 applies to the person.\n\n (2) For the purposes of paragraph 20(2A)(b) or (2B)(b) of the Veterans’ Entitlements Act 1986, the date of the veteran’s death is taken to be 1 July 2009.\n\n21  Transitional provision—section 20 of the Veterans’ Entitlements Act 1986\n\n (1) This section applies if:\n\n (a) a veteran died before 1 July 2009; and\n\n (b) immediately before the veteran’s death, a person was not a dependant of the veteran; and\n\n (c) the person would have been a dependant of the veteran if the Act had been in force at the time of the veteran’s death; and\n\n (d) the person makes a claim for a pension under section 14 of the Veterans’ Entitlements Act 1986.\n\n (2) For the purposes of section 20 of the Veterans’ Entitlements Act 1986, the date of effect of a determination of a claim under subsection 19(3) of the Veterans’ Entitlements Act 1986 must not be before 1 July 2009.\n\n22  Transitional provision—Part III of the Veterans’ Entitlements Act 1986\n\n (1) This section applies if:\n\n (a) a veteran died before 1 July 2009; and\n\n (b) immediately before the veteran’s death, a person was not the partner of the veteran; and\n\n (c) the person would have been the widow or widower of the veteran, for the purposes of section 38 of the Veterans’ Entitlements Act 1986, if the Act had been in force at the time of the veteran’s death.\n\n (2) Part III of the Veterans’ Entitlements Act 1986 applies to the person as if:\n\n (a) the veteran had died on 1 July 2009; and\n\n (b) the person was receiving a partner service pension immediately before the veteran’s death.\n\n23  Transitional provision—subsection 86(2) of the Veterans’ Entitlements Act 1986\n\n (1) This section applies if:\n\n (a) a veteran died before 1 July 2009; and\n\n (b) immediately before the veteran’s death, a person was not a dependant of the veteran; and\n\n (c) the person would have been a dependant of the veteran if the Act had been in force at the time of the veteran’s death.\n\n (2) For the purposes of subsection 86(2) of the Veterans’ Entitlements Act 1986, the veteran is taken to have died on 30 June 2009.\n\n24  Transitional provision—paragraph 86(4)(a) of the Veterans’ Entitlements Act 1986\n\n (1) This section applies if:\n\n (a) a veteran died before 1 July 2009; and\n\n (b) immediately before the veteran’s death, a person was not the child of the veteran; and\n\n (c) the person would have been a child of the veteran if the Act had been in force at the time of the veteran’s death.\n\n (2) For the purposes of paragraph 86(4)(a) of the Veterans’ Entitlements Act 1986, the veteran is taken to have died on 30 June 2009.\n\n25  Transitional provision—Part VII of the Veterans’ Entitlements Act 1986\n\n (1) This section applies if:\n\n (a) a veteran died before 1 July 2009; and\n\n (b) immediately before the veteran’s death, a person was not an eligible child of the veteran; and\n\n (c) the person would have been an eligible child of the veteran if the Act had been in force at the time of the veteran’s death.\n\n (2) Benefits under the Scheme prepared by the Commission under Part VII of the Veterans’ Entitlements Act 1986 are not payable to the person before 1 July 2009.\n\n26  Transitional provision—Part VIIC of the Veterans’ Entitlements Act 1986\n\n (1) This section applies if:\n\n (a) a veteran died before 1 July 2009; and\n\n (b) immediately before the veteran’s death, a person was not the partner of the veteran; and\n\n (c) the person would have been:\n\n (i) a war widow or war widower of the veteran, for the purposes of subsection 118V(1A) of the Veterans’ Entitlements Act 1986; or\n\n (ii) the widow or widower of a veteran, for the purposes of subparagraph 118V(3)(a)(iii) of the Veterans’ Entitlements Act 1986;\n\n  if the Act had been in force at the time of the veteran’s death.\n\n (2) Part VIIC of the Veterans’ Entitlements Act 1986 applies to the person as if the veteran had died on 1 July 2009.\n\nSchedule 1—Repeals\n\n \n\nSame‑Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) (Veterans’ Affairs) Regulations 2009\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument implements transitional measures to give effect to the Same‑Sex Relationships Act for pre-1 July 2009 deaths by deeming dependant/partner status and adjusting effective dates for entitlements, while specifying limits on Commonwealth liability and postponing some payments until on/after 1 July 2009 (see regs 6–18; 19–26; Schedule 1). It does not broaden substantive entitlements earlier than 1 July 2009 beyond the defined deeming and liability rules."},"complexity_factors":["Numerous cross-references to two principal statutes (Military Rehabilitation and Compensation Act 2004; Veterans’ Entitlements Act 1986) creating layered interpretive links (see regs 6–18; 19–26).","Many conditional \"this section applies if\" tests tying application to specific factual timelines (death before 1 July 2009) and relational status at death (see regs 6,7,9,19).","Deeming mechanics that alter legal dates (treating death as 1 July 2009 or 30 June 2009) affect entitlement calculation and timing (see regs 6(3),16(2)(b),23(2),24(2)).","Mixed outcomes: some provisions create entitlement by deeming partnership/dependant status, while others expressly state the Commonwealth is not liable for certain payments (see regs 8,10,14,15).","Transitional timing rules that postpone payment availability to on/after 1 July 2009 for certain benefits (see regs 7(3),11(2),13(2)(b),25(2)).","Repeal of an earlier 2009 instrument (Schedule 1) necessitates administrative adjustment and record reconciliation.","Administrative discretion and decision-making under existing Acts remain central to implementation — determining eligibility and dates will involve agency determinations under the cited Acts (see regs 4,6–18,19–26)."],"plain_english_summary":"These regulations create transitional rules that treat people in same‑sex relationships as dependants/partners under military compensation and veterans’ law when a member or veteran died before 1 July 2009 but would have qualified had the Same‑Sex Relationships Act applied then. They generally deem such persons to have been dependants and, for entitlements, treat the death date as 1 July 2009 (regs 6–18; 19–26). The instrument specifies when the Commonwealth is or is not liable for payments and postpones benefit payments before 1 July 2009 (see regs 8,10,11,13,18,25)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: providing transitional rules for the equal treatment of same-sex relationships in veterans' affairs law following the 2008 reforms. The 2019 version is a straightforward re-enactment/replacement of the 2009 regulations with the same scope, not an expansion."},"complexity_factors":["21 separate transitional/application provisions, each with nearly identical conditional structures (member/veteran died before 1 July 2009 + person would have qualified if Act had been in force)","Heavy cross-referencing to two primary Acts: the *Military Rehabilitation and Compensation Act 2004* (sections 233-300) and the *Veterans' Entitlements Act 1986* (sections 13A, 20, 38, 86, Part III, Part VII, Part VIIC)","Multiple artificial date constructs — treating deaths as occurring on 1 July 2009 or 30 June 2009 depending on the specific provision","Nuanced distinctions between \"wholly dependent partner,\" \"eligible young person,\" \"dependant,\" and \"partner\" with different consequences for each category","Mix of beneficial provisions (recognising status) and exclusionary provisions (denying compensation for pre-2009 periods)","Requires understanding of the 2008 Act's definitions of \"de facto partner\" and \"child\" to apply the counterfactual test (\"would have been... if the Act had been in force\")"],"plain_english_summary":"These regulations replace the 2009 transitional rules to let surviving same‑sex partners and their children of veterans or service members who died before 1 July 2009 access entitlements they would have had under modern relationship law. They generally treat deaths as effective from 1 July 2009 (limiting back‑pay), prevent duplicate payments, and guide the Department of Veterans’ Affairs on administering benefits."}},"importantCases":[],"_links":{"self":"/api/acts/same-sex-relationships-equal-treatment-in-commonwealth-laws-general-law-reform-veterans-affairs-regu","history":"/api/acts/same-sex-relationships-equal-treatment-in-commonwealth-laws-general-law-reform-veterans-affairs-regu/history","analysis":"/api/acts/same-sex-relationships-equal-treatment-in-commonwealth-laws-general-law-reform-veterans-affairs-regu/analysis","conflicts":"/api/acts/same-sex-relationships-equal-treatment-in-commonwealth-laws-general-law-reform-veterans-affairs-regu/conflicts","importantCases":"/api/acts/same-sex-relationships-equal-treatment-in-commonwealth-laws-general-law-reform-veterans-affairs-regu/important-cases","documents":"/api/acts/same-sex-relationships-equal-treatment-in-commonwealth-laws-general-law-reform-veterans-affairs-regu/documents"}}