sec.32DAMeaning of de facto partner

### sec.32DA Meaning of de facto partner In an Act, a reference to a de facto partner is a reference to either 1 of 2 persons who are living together as a couple on a genuine domestic basis but who are not married to each other or related by family. In deciding whether 2 persons are living together as a couple on a genuine domestic basis, any of their circumstances may be taken into account, including, for example, any of the following circumstances— the nature and extent of their common residence; the length of their relationship; whether or not a sexual relationship exists or existed; the degree of financial dependence or interdependence, and any arrangement for financial support; their ownership, use and acquisition of property; the degree of mutual commitment to a shared life, including the care and support of each other; the care and support of children; the performance of household tasks; the reputation and public aspects of their relationship. No particular finding in relation to any circumstance is to be regarded as necessary in deciding whether 2 persons are living together as a couple on a genuine domestic basis. Two persons are not to be regarded as living together as a couple on a genuine domestic basis only because they have a common residence. For subsection (1) — the gender of the persons is not relevant; and a person is related by family to another person if the person and the other person would be within a prohibited relationship within the meaning of the Marriage Act 1961 (Cwlth) , section 23B , if they were parties to a marriage to which that section applies. In an Act enacted before the commencement of this section, a reference to a spouse includes a reference to a de facto partner as defined in this section unless the Act expressly provides to the contrary. s 32DA ins 2002 No. 74 s 4 (sec.32DA-ssec.1) In an Act, a reference to a de facto partner is a reference to either 1 of 2 persons who are living together as a couple on a genuine domestic basis but who are not married to each other or related by family. (sec.32DA-ssec.2) In deciding whether 2 persons are living together as a couple on a genuine domestic basis, any of their circumstances may be taken into account, including, for example, any of the following circumstances— the nature and extent of their common residence; the length of their relationship; whether or not a sexual relationship exists or existed; the degree of financial dependence or interdependence, and any arrangement for financial support; their ownership, use and acquisition of property; the degree of mutual commitment to a shared life, including the care and support of each other; the care and support of children; the performance of household tasks; the reputation and public aspects of their relationship. (sec.32DA-ssec.3) No particular finding in relation to any circumstance is to be regarded as necessary in deciding whether 2 persons are living together as a couple on a genuine domestic basis. (sec.32DA-ssec.4) Two persons are not to be regarded as living together as a couple on a genuine domestic basis only because they have a common residence. (sec.32DA-ssec.5) For subsection (1) — the gender of the persons is not relevant; and a person is related by family to another person if the person and the other person would be within a prohibited relationship within the meaning of the Marriage Act 1961 (Cwlth) , section 23B , if they were parties to a marriage to which that section applies. (sec.32DA-ssec.6) In an Act enacted before the commencement of this section, a reference to a spouse includes a reference to a de facto partner as defined in this section unless the Act expressly provides to the contrary. - (a) the nature and extent of their common residence; - (b) the length of their relationship; - (c) whether or not a sexual relationship exists or existed; - (d) the degree of financial dependence or interdependence, and any arrangement for financial support; - (e) their ownership, use and acquisition of property; - (f) the degree of mutual commitment to a shared life, including the care and support of each other; - (g) the care and support of children; - (h) the performance of household tasks; - (i) the reputation and public aspects of their relationship. - (a) the gender of the persons is not relevant; and - (b) a person is related by family to another person if the person and the other person would be within a prohibited relationship within the meaning of the Marriage Act 1961 (Cwlth) , section 23B , if they were parties to a marriage to which that section applies.