8AReferences to offices etc.

8A References to offices etc. In this Act— (a) a reference to a person appointed or holding office under or because of an Australian law or a law of the Commonwealth includes a reference to an APS employee within the meaning of the Public Service Act 1999 of the Commonwealth; and (b) in that context, a reference to an office is a reference to a position occupied by the APS employee concerned, and a reference to an officer includes a reference to a Secretary, or APS employee, within the meaning of the Act. 9 References to laws (1) A reference in this Act to a law of the Commonwealth, a State, a Territory or a foreign country is a reference to a law (whether written or unwritten) of or in force in that place. (2) A reference in this Act to an Australian law is a reference to an Australian law (whether written or unwritten) of or in force in Australia. 10 References to children and parents (1) A reference in this Act to a child of a person includes a reference to— (a) an adopted child or ex-nuptial child of the person; or (b) a child living with the person as if the child were a member of the person's family. (2) A reference in this Act to a parent of a person includes a reference to— (a) an adoptive parent of the person; or (b) if the person is an ex-nuptial child—the person's natural father; or (c) the person with whom a child is living as if the child were a member of the person's family. 11 References to de facto partners (1) A reference in this Act to a de facto partner of a person is a reference to a person who is in a de facto relationship with the person. (2) A person is in a de facto relationship with another person if the two persons have a relationship as a couple and are not legally married. (3) In determining whether two persons are in a de facto relationship, all the circumstances of the relationship are to be taken into account, including such of the following matters as are relevant in the circumstances of the particular case— (a) the duration of the relationship; (b) the nature and extent of their common residence; (c) the degree of financial dependence or interdependence, and any arrangements for financial support, between them; (d) the ownership, use and acquisition of their property; (e) the degree of mutual commitment to a shared life; (f) the care and support of children; (g) the reputation and public aspects of the relationship. (4) No particular finding in relation to any circumstance is to be regarded as necessary in deciding whether two persons have a relationship as a couple. (5) For the purposes of subclause (3), the following matters are irrelevant— (a) whether the persons are different sexes or the same sex; (b) whether either of the persons is legally married to someone else or in another de facto relationship. Dictionary Pt 2 cl. 11(6) amended by No. 52/2012 s. 9. (6) Despite subclauses (3) and (4), a person is in a de facto relationship with another person if those two persons are in a registered domestic relationship within the meaning of the **Relationships Act 2008**. The Commonwealth Act and New South Wales Act do not include subclause (6). Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 26 June 2008* *Legislative Council: 31 July 2008* The long title for the Bill for this Act was "A Bill for an Act about the law of evidence and for other purposes." The **Evidence Act 2008** was assented to on 15 September 2008 and came into operation as follows: Sections 1–3A and Dictionary on 16 September 2008: section 2(1); rest of Act on 1 January 2010: section 2(3). INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Evidence Act 2008** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009** | Assent Date: | 24.11.09 | | Commencement Date: | S. 97(Sch. item 55) on 1.1.10: Government Gazette 10.12.09 p. 3215 | **Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009** | Assent Date: | 24.11.09 | | Commencement Date: | Ss 52, 53 on 1.1.10: s. 2(2) | **Statute Law Revision Act 2011, No. 29/2011** | Assent Date: | 21.6.11 | | Commencement Date: | S. 3(Sch. 1 item 35) on 22.6.11: s. 2(1) | **Evidence Amendment (Journalist Privilege) Act 2012, No. 52/2012** | Assent Date: | 18.9.12 | | Commencement Date: | Ss 3–10 on 1.1.13: s. 2(2) | **Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013** | Assent Date: | 12.11.13 | | Commencement Date: | S. 649(Sch. 9 item 17) on 1.7.14: s. 2(1) | **Legal Profession Uniform Law Application Act 2014, No. 17/2014** | Assent Date: | 25.3.14 | | Commencement Date: | S. 160(Sch. 2 item 39) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 | **Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014** | Assent Date: | 27.6.14 | | Commencement Date: | S. 33(Sch. item 12) on 30.6.14: s. 2(5) | **Crimes Amendment (Abolition of Defensive Homicide) Act 2014, No. 63/2014** | Assent Date: | 9.9.14 | | Commencement Date: | Ss 7(12), 9, 10 on 1.11.14: Special Gazette (No. 350) 7.10.14 p. 1 | **Jury Directions Act 2015, No. 14/2015** | Assent Date: | 12.5.15 | | Commencement Date: | Ss 70–78 on 29.6.15: s. 2(4) | **Jury Directions and Other Acts Amendment Act 2017, No. 37/2017** | Assent Date: | 29.8.17 | | Commencement Date: | Ss 17, 18 on 1.10.17: s. 2(3) | **Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017** | Assent Date: | 29.8.17 | | Commencement Date: | S. 85 on 30.8.17: s. 2(1) | **Oaths and Affirmations Act 2018, No. 6/2018** | Assent Date: | 27.2.18 | | Commencement Date: | S. 65 on 1.3.19: s. 2(2) | **Justice Legislation Miscellaneous Amendment Act 2018, No. 48/2018** | *Assent Date:* | 25.9.18 | | *Commencement Date:* | S. 57 on 28.10.18: Special Gazette (No. 480) 16.10.18 p. 1 | | *Current State:* | This information relates only to the provision/s amending the **Evidence Act 2008** | **Children Legislation Amendment Act 2019, No. 30/2019** | Assent Date: | 17.9.19 | | Commencement Date: | S. 18 on 17.2.20: Special Gazette (No. 49) 4.2.20 p. 1 | **Justice Legislation Miscellaneous Amendments Act 2020, No. 22/2020** | Assent Date: | 30.6.20 | | Commencement Date: | Ss 18, 19 on 1.7.20: s. 2 | **Bail Amendment Act 2023, No. 28/2023** | Assent Date: | 24.10.23 | | Commencement Date: | S. 68 on 25.3.24: s. 2(2) | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details No entries at date of publication.