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1.21.2 Inclusive list of those who qualify as 'spouse' for purposes of the SRCA

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Up to and including 9 December 2008, the term 'spouse' in the SRCA included:

  • A person legally married to the employee, and living with the employee.
  • A person still legally married to the employee but not living with the employee immediately before the death. Note: This includes separated persons but NOT those who have been legally divorced.
  • A person of the opposite sex who lived with the employee as the spouse of the employee on a bona fide domestic basis although not married to the employee
  • A person designated as a spouse under traditional indigenous law.

On and from 10 December 2008 the term 'spouse' includes:

  • A person legally married to the employee, and living with the employee;
  • A person still legally married to the employee but not living with the employee immediately before the death. Note: This includes separated persons but NOT those who have been legally divorced;
  • A person, whether of the same or a different sex, who is a 'de facto partner' of the employee, as defined in the Acts Interpretation Act 1901 (see 1.21.3);
  • A person designated as a spouse under traditional indigenous law.