Last amended: 19 August 2011
Definition of member of a couple
A person and their partner are considered to be a member of a couple if:
- they are married and living together in a married relationship, or
- they are in a prescribed registered relationship and living together, or
- they are living together in a de facto relationship, which is not a prohibited relationship[glossary:,:] or
- the Commission has determined that the two people are members of an illness separated couple, or
- the Commission has determined that the two people are members of a respite care couple[glossary:.:]
Married person
A married person is a member of a couple if:
- the person is legally married to another person, and
- is not living separately and apart from the person on a permanent basis.
Registered relationship
Registered relationship
A person is a member of a couple if:
- the person's relationship with another person (whether of the same sex or a different sex) is registered under a prescribed law of a State or Territory for the purposes of section 22B of the Acts Interpretation Act 1901, and
- the person is not living separately and apart from the other person on a permanent basis.
Registered relationships may also be known in particular State and Territories as civil unions, civil partnerships and significant relationships.
Prescribed registered relationships
The Acts Interpretation (Registered Relationships) Regulations 2008 currently recognises the following relationships under the Victorian, Tasmanian and Australian Capital Territory relationship registers:
- a registered relationship under paragraph 10(3)(a) of the Relationships Act 2008 (Vic)
- a significant relationship as defined in section 4 of the Relationships Act 2003 (Tas), and
- a relationship as a couple between two adults who meet the eligibility criteria in section 6 of the Civil Partnerships Act 2008 (ACT) for entry into a civil partnership.
De facto relationship
A person is considered to be a member of a couple when all of the following conditions are met:
- the person is living with another person (the partner), whether of the same sex or a different sex,
- the person is not legally married to the partner,
- the person and the partner are, in the Commission's opinion in a de facto relationship,
- the person and the partner are not within a prohibited relationship.
More →More → (go back)
Policy Library – Member of a Couple
9.3.2/Factors Considered to Assess a De facto Relationship Exists
Living with another person
A person in a de facto relationship is to be treated as living with another person during:
- any temporary absence of one of those persons, or
- an absence of one of those persons resulting from illness or infirmity
if the Commission is of the opinion that they would, but for the absence, have been living together during that period.
Illness separated couple
The Commission may make a written determination that two people are members of an illness separated couple if the Commission is satisfied that:
- the two people are a member of a couple; and
- they are unable to live together in their home as a result of the illness or infirmity of either or both of them, and
- because of that inability to live together, their living expenses are, or are likely to be greater that they would otherwise be, and
- that inability is likely to continue indefinitely.
More →More → (go back)
Policy Library – Illness Separated
Respite care couple
The Commission may determine that two people are members of a respite care couple if the Commission is satisfied that:
- the two people are a member of a couple, and
- one of the members of the couple is in approved respite care, and
- the member who is in respite care has remained, or is likely to remain, in that care for at least 14 consecutive days.
More →More → (go back)
Policy Library – Respite Care Couple
Member of a couple not treated as a member of a couple
Where specific criteria are met, the Repatriation Commission may make a written determination that a person who is a member of a couple is not to be treated as a member of a couple for all purposes of the VEA.
Policy Library – Member of a Couple
9.3.2/Regarding a Member of a Couple as Not a Member of a Couple
Member of a couple status after sex affirmation surgery
A person's sex, for the purpose of the Marriage Act 1961, is determined at the date of marriage. Sex affirmation surgery (also called sex re-assignment surgery) after the date of marriage does not invalidate the marriage. This is because at the date of marriage the couple were a male and a female.
Therefore, a couple who are legally married and not living separately and apart from one another on a permanent or indefinite basis, can continue to be regarded as legally married, despite one of the members of the couple having undergone sex affirmation surgery.