What it does
The Domicile Act 1982 is a reforming statute that replaces several outdated common law rules on domicile with a modern statutory framework. Its core object, set out in s.3(1), is to abolish the rule of law whereby a married woman has at all times the domicile of her husband, and to make certain other reforms to the law relating to domicile. These reforms operate for the purposes of the laws of the Commonwealth and the laws (including the common law) of each Territory to which the Act applies.
Section 6 directly abolishes the dependent domicile rule for married women. Prior to the Act a wife's domicile was fixed to that of her husband for all purposes; after commencement that rule no longer applies and each spouse's domicile is determined independently.
Section 7 abolishes the rule of revival of domicile of origin. At common law, abandonment of a domicile of choice without acquisition of a new domicile of choice caused the domicile of origin to revive. The Act provides instead that a person's domicile continues until a different domicile is acquired.
The Act then supplies positive rules for determining capacity and acquisition. Under s.8(1) a person is capable of having an independent domicile if they have attained 18 years or are or have been married. This capacity rule is subject to the common law exception for mental incapacity (s.8(2)).
For children, s.9 supplies a detailed code. Where a child has his or her principal home with one parent and the parents are living separately and apart or the child has no other living parent, the child's domicile follows that of the parent with whom the child principally resides (s.9(1)). On adoption, the child's domicile is recalculated as if the child had been born in wedlock to the adoptive parents (where there are two) or follows the single adoptive parent (s.9(2)). Subsection 9(3) provides that the child ceases to take the parent's domicile if the child begins to reside principally with the other parent or the parents resume living together. A child who reaches adulthood while still taking a parent's domicile under s.9(1) or (2) retains that domicile until acquiring a domicile of choice (s.9(4)). Rescission of an adoption order requires the child's domicile to be determined in accordance with any provisions in the rescinding order, otherwise as if the adoption had never occurred (s.9(5)).