21CReferences to de facto partners and de facto relationships

#### 21C References to de facto partners and de facto relationships 21C References to de facto partners and de facto relationships > > (1) Meaning of “de facto partner” For the purposes of any Act or instrument, a person is the de facto partner of another person (whether of the same sex or a different sex) if— > > > > > (a) the person is in a registered relationship or interstate registered relationship with the other person within the meaning of the [Relationships Register Act 2010](/view/html/inforce/current/act-2010-019), or > > > > > (b) the person is in a de facto relationship with the other person. > > > (2) Meaning of “de facto relationship” For the purposes of any Act or instrument, a person is in a de facto relationship with another person if— > > > > > (a) they have a relationship as a couple living together, and > > > > > (b) they are not married to one another or related by family. > > > > A de facto relationship can exist even if one of the persons is legally married to someone else or in a registered relationship or interstate registered relationship with someone else. > > > (3) Determination of “relationship as a couple” In determining whether 2 persons have a relationship as a couple for the purposes of subsection (2), all the circumstances of the relationship are to be taken into account, including any of the following matters that are relevant in a particular case— > > > > > (a) the duration of the relationship, > > > > > (b) the nature and extent of their common residence, > > > > > (c) whether a sexual relationship exists, > > > > > (d) the degree of financial dependence or interdependence, and any arrangements for financial support, between them, > > > > > (e) the ownership, use and acquisition of property, > > > > > (f) the degree of mutual commitment to a shared life, > > > > > (g) the care and support of children, > > > > > (h) the performance of household duties, > > > > > (i) the reputation and public aspects of the relationship. > > > > No particular finding in relation to any of those matters is necessary in determining whether 2 persons have a relationship as a couple. > > > (4) Meaning of “related by family” For the purposes of subsection (2), 2 persons are related by family if— > > > > > (a) one is the child (including an adopted child) of the other, or > > > > > (b) one is another descendant of the other (even if the relationship between them is traced through an adoptive parent), or > > > > > (c) they have a parent in common (including an adoptive parent of either or both of them). > > > (5) Subsection (4) applies— > > > > > (a) even if an adoption has been declared void or is of no effect, and > > > > > (b) to adoptions under the law of any place (whether in or out of Australia) relating to the adoption of children. > > > (6) Subsection (4) applies in relation to a child whose parentage is transferred as a result of a parentage order, or an Interstate parentage order, within the meaning of the [Surrogacy Act 2010](/view/html/inforce/current/act-2010-102) in the same way as it applies in relation to an adopted child, even if the parentage order is discharged or otherwise ceases to have effect. For that purpose, a reference in that subsection to an adoptive parent is to be read as a reference to a person to whom the parentage of a child is transferred under such a parentage order. > > **s 21C:** Ins 2010 No 19, Sch 2.2. Am 2010 No 102, Sch 2.4.