(1) Subject to subsections (1A) and (1B), this Division applies to—
(a) a person who becomes a member of the Parliament after the commencement of section 28 of the Miscellaneous Acts (Omnibus Amendments) Act 1996; and
S. 21A(1)(b) amended by No. 61/2013 s. 16(7).
(b) a person who is a member of the Parliament as at the commencement of section 28 of the Miscellaneous Acts (Omnibus Amendments) Act 1996 and who at any time elects by notice in writing served on the Board to be subject to the provisions of this Division.
S. 21A(1A) inserted by No. 78/2004 s. 4(2).
(1A) This Division does not apply to, or in respect of, a member to whom Part 4 applies.
S. 21A(1B) inserted by No. 78/2004 s. 4(2).
(1B) If this Division applies to, or in respect of, a member immediately before the commencement of section 4 of the Parliamentary Superannuation Legislation (Reform) Act 2004, the entitlements of that member are to be determined in accordance with this Division if—
(a) subject to paragraph (b), the person continues to be a member and after ceasing to be member does not subsequently become a member to whom Part 4 applies; or
(b) the person ceases to be a member as a result of resigning as a member of a House of the Parliament and is elected as a member of the other House of the Parliament within 3 months after the resignation.
(2) For the purposes of this Division, the Division must be read as one with Part V of the Commonwealth Parliamentary Contributory Superannuation Act 1948 as in force as at the commencement of section 28 of the Miscellaneous Acts (Omnibus Amendments) Act 1996 but the provisions of this Act prevail over the provisions of that Part to the extent of any inconsistency.
S. 21A(3) amended by No. 72/2001 s. 5(1).
(3) Subject to this section, unless inconsistent with the context or subject-matter, words and expressions defined in the Commonwealth Parliamentary Contributory Superannuation Act 1948 have the same meaning for the purposes of this Division.
(4) For the purposes of this Division—
S. 21A(4)(a) amended by No. 61/2013 s. 16(7), substituted by No. 36/2019 s. 16(f).
(a) the following definitions apply—
office means an office specified in the Table in section 10(6);
office holder means the holder of an office specified in the Table in section 10(6);
parliamentary allowance, in relation to a Member, means basic salary;
salary, in relation to a Member who is an office holder, means additional salary;
(b) a reference in Part V of the Commonwealth Parliamentary Contributory Superannuation Act 1948—
S. 21A(4)(b)(i) amended by No. 61/2013 s. 16(7).
(i) to the "Trust" is to be construed as a reference to the "Board";
(ii) to the "House" or the "House of Representatives" is to be construed as a reference to the "Assembly".
S. 21A(5) inserted by No. 72/2001 s. 5(2).
(5) For the purposes of determining the entitlement to benefits in respect of a person to whom this Division applies, other than a person who became entitled to benefits under this Act before 23 August 2001, the following modifications to the Commonwealth Parliamentary Contributory Superannuation Act 1948 apply in addition to the modifications in section 21C—
(a) subject to paragraph (d), a person is not to be taken to have had a marital relationship with another person unless the person was legally married to that other person;
Section 4B of the Commonwealth Act sets out the criteria for determining whether a person had a marital relationship with another person.
(b) a reference to a spouse who survives a deceased person is to be construed as including a reference to a domestic partner who survives a deceased person;
(c) a reference to a former spouse is to be construed as including a reference to a former domestic partner;
S. 21A(5)(d) amended by Nos 12/2008 s. 73(1)(Sch. 1 item 43.3), 4/2009 s. 37(Sch. 1 item 18.3).
(d) a reference in section 19AA to a marital relationship is to be construed as including a reference to a domestic relationship or registered domestic relationship.
S. 21A(6) inserted by No. 72/2001 s. 5(2).
(6) For the purposes of subsection (5)(b), a person is a domestic partner who survives a deceased person if—
(a) the person had a domestic relationship with the deceased person at the time of death of the deceased person ("the death"); and
(b) in the case of a deceased person who was a retired member at the time of the death—
(i) the domestic relationship began before the retired member became a retired member; or
(ii) the domestic relationship began after the retired member became a retired member but before the retired member reached 60; or
(iii) in the case of neither subparagraph (i) nor (ii) applying—the domestic relationship had continued for a period of at least 5 years up to the time of the death.
S. 21A(7) inserted by No. 72/2001 s. 5(2).
(7) For the purposes of subsections (5)(d) and (6), a person had a domestic relationship with another person at a particular time if the persons, although not married to each other, were living together as a couple on a genuine domestic basis (irrespective of gender) at that time and—
(a) the persons had been so living together for a continuous period of at least 3 years up to that time; or
S. 21A(7)(b) amended by No. 61/2013 s. 16(7).
(b) the persons had been so living together for a continuous period of less than 3 years up to that time and the Board, having regard to any relevant evidence, is of the opinion that the persons so lived together at that time.
S. 21A(8) inserted by No. 72/2001 s. 5(2).
(8) A domestic relationship is taken to have begun at the beginning of the continuous period mentioned in subsection (7)(a) and (b).
S. 21A(9) inserted by No. 72/2001 s. 5(2), amended by No. 12/2008 s. 73(1)(Sch. 1 item 43.4).
(9) In determining whether a person had a domestic relationship with another person, all the circumstances of the relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
S. 21A(9A) inserted by No. 12/2008 s. 73(1)(Sch. 1 item 43.5), amended by No. 4/2009 s. 37(Sch. 1 item 18.4).
(9A) Subsections (6), (7), (8) and (9) do not apply to a person who had a registered domestic relationship with a deceased person at the time of the death.
S. 21A(10) inserted by No. 72/2001 s. 5(2).
(10) In this section—
S. 21A(10)
def. of former domestic partner amended by Nos 12/2008 s. 73(1)(Sch. 1 item 43.6), 4/2009 s. 37(Sch. 1 item 18.5).
former domestic partner, in relation to another person, means a person who previously had had a domestic relationship or registered domestic relationship with that other person.
S. 21B inserted by No. 22/1996 s. 28, amended by No. 61/2013 s. 16(7)(9).