A 'de facto partner', is defined in the SRCA as:
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.
Section 22A of the Acts Interpretation Act 1901 (AIA) defines the term as follows:
...a person is the de facto partner of another person (whether of the same sex or a different sex) if:
Section 22B of the AIA stipulates that a person is in a registered relationship with an employee if they are in a relationship with the employee which is registered under a law of a State or Territory prescribed under the AIA as a prescribed kind of relationship. Currently there are only three such laws and kinds of relationship. These are:
A relationship that is registered under the Victorian Relationships Act 2008.
Tasmanian Relationships Act 2003
A relationship that is registered as a civil partnership f under the ACT Civil Partnerships Act 2008.
Note that relationships registered in other countries or under other Australian registration schemes such as the City of Sydney registry cannot be recognised as conclusive evidence of a de facto partnership for the purpose of the SRCA. However, evidence of a relationship registered overseas or via another Australian scheme would be a strong indication that the people registered (whether of the same sex or a different sex) are in a de facto relationship.
Section 22C of the AIA provides that a person is in a de facto relationship with another person if:
Under the AIA definition of 'de facto relationship' a person can be in a de facto relationship with another person, even if that person is concurrently:
Links
[1] https://clik.dva.gov.au/user/login?destination=node/20679%23comment-form