5Caring relationships

### 5 Caring relationships > > (1)  For the purposes of this Act, a caring relationship is a relationship other than a marriage or significant relationship between two adult persons whether or not related by family, one or each of whom provides the other with domestic support and personal care. > > > (2)  For the purposes of [subsection (1)](#GS5@Gs1@EN) , a caring relationship is taken not to exist between two persons where one of them provides the other with domestic support and personal care – > > > > > > (a) for fee or payment in the nature of wages; or > > > > > > > (b) under an employment relationship between the persons; or > > > > > > > (c) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation). > > > (3)  For the purpose of [subsection (2)(a)](#GS5@Gs2@Hpa@EN) , a fee does not include a carer allowance or carer payment under the *Social Security Act 1991* of the Commonwealth made to a party to a caring relationship in respect of care provided by that party to the other party to the relationship. > > > (4)  If a caring relationship is registered under [Part 2](#HP2@EN) , proof of registration is proof of the relationship. > > > (5)  If a caring relationship is not registered under [Part 2](#HP2@EN) , in determining whether two persons are in a caring relationship, all the circumstances of the relationship are to be taken into account including such of the following matters as may be relevant in a particular case: > > > > > > (a) the duration of the relationship; > > > > > > > (b) the nature and extent of common residence; > > > > > > > (c) the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties; > > > > > > > (d) the ownership, use and acquisition of property; > > > > > > > (e) the degree of mutual commitment to a shared life; > > > > > > > (f) the performance of household duties; > > > > > > > (g) the reputation and public aspects of the relationship; > > > > > > > (h) the level of personal care and domestic support provided by one or each of the partners to the other. > > > (6)  No finding in respect of any of the matters mentioned in [subsection (5)(a)](#GS5@Gs5@Hpa@EN) to [(h)](#GS5@Gs5@Hph@EN) , or in respect of any combination of them, is to be regarded as necessary for the existence of a caring relationship, and a court determining whether such a relationship exists is entitled to have regard to such matters, and to attach such weight to any matter, as may seem appropriate to the court in the circumstances of the case.