Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 5CB

De   facto   partners

  (1)   For the purposes of this Act, a person is the   de   facto   partner of another person (whether of the same sex or a different sex) if, under subsection   (2), the person is in a   de   facto   relationship with the other person.

De   facto   relationship

  (2)   For the purposes of subsection   (1), a person is in a   de   facto   relationship with another person if they are not in a married relationship (for the purposes of section   5F) with each other but:

  (a)   they have a mutual commitment to a shared life to the exclusion of all others; and

  (b)   the relationship between them is genuine and continuing; and

  (c)   they:

  (i)   live together; or

  (ii)   do not live separately and apart on a permanent basis; and

  (d)   they are not related by family (see subsection   (4)).

  (3)   The regulations may make provision in relation to the determination of whether one or more of the conditions in paragraphs   (2)(a), (b), (c) and (d) exist. The regulations may make different provision in relation to the determination for different purposes whether one or more of those conditions exist.

Definition

  (4)   For the purposes of paragraph   (2)(d), 2 persons are related by family if:

  (a)   one is the child (including an adopted child) of the other; or

  (b)   one is another descendant of the other (even if the relationship between them is traced through an adoptive parent); or

  (c)   they have a parent in common (who may be an adoptive parent of either or both of them).

For this purpose, disregard whether an adoption is declared void or has ceased to have effect.