Domestic partners amendment

The Statutes Amendment (Domestic Partners) Act was passed by the South Australian Parliament in 2006. The Amendment Act amends the Family Relationships Act 1975 and various other Acts, including the Workers Rehabilitation and Compensation Act 1986, to provide for recognition of certain domestic relationships.

A person is, on a certain date, the “domestic partner” of another person if he or she is, on that date, living with that person in a close personal relationship and—
(a) he or she—
(i) has so lived with that other person continuously for the period of 3 years immediately preceding that date; or
(ii) has during the period of 4 years immediately preceding that date so lived with that other person for periods aggregating not less than 3 years; or
(b) a child, of whom he or she and the other person are the parents, has been born (whether or not the child is still living at that date).

“close personal relationship” means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include—
(a) the relationship between a legally married couple; or
(b) a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind.

It is important to note that a ‘close personal relationship’ can exist irrespective of the gender of those involved or any family relationship existing between the two people, and does not require a sexual relationship to exist or have ever existed between the two people. What this means is that, for example, a homosexual couple or two best friends could be considered to have a ‘close personal relationship’ and thus be regarded as ‘domestic partners’, provided they have been living together as a couple on a genuine domestic basis.

Under section 44 of the Workers Rehabilitation and Compensation Act 1986, entitlements are payable to the ‘spouse or domestic partner’ of a worker who died as a result of a compensable disability. The amount of the weekly payments payable to the spouse or domestic partner is calculated on the basis of that person’s dependence on the deceased worker. A lump sum will also be paid to the spouse or domestic partner of a deceased worker if they were cohabiting with the worker at the time of his/her death or if the WorkCover Corporation is of the opinion that it is ‘fair’ for that person to receive a lump sum payment.