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Same-Sex: Same Entitlements: Appendix 1

Same-Sex: Same Entitlements Report


 

Appendix 1: A List of

Federal Laws to be Amended

The following 58 legal instruments must be amended to

eliminate discrimination against same-sex couples and their children in the area

of financial and work-related entitlements.

The

legal instruments include legislation, regulations, federal government

superannuation trust deeds, Remuneration Tribunal Determinations and a bill

currently before federal Parliament.

The

following list identifies the relevant definitions in each of the 58 legal

instruments and suggests an approach to amending those definitions. The

Inquiry’s preferred approach to amending the laws is explained further in

Chapter 18 on Findings and Recommendations.

The impact of the discrimination caused by

this legislation is described in Chapters 4 – 16 of this

report.

The focus of this Inquiry has been on

federal laws regarding financial and work-related entitlements. Thus, the

following list includes laws in those areas only. There may still be a range of

federal laws which discriminate against same-sex couples and their children in

other areas of law. The Inquiry therefore recommends that all federal laws be

reviewed to identify and eliminate all areas of discrimination against same-sex

couples and their children.

The Inquiry has not

had sufficient time or resources to conduct a comprehensive audit of state and

territory laws. However, where the Inquiry has identified discriminatory state

and territory laws, they are listed in the relevant chapters. They are not

included in this list.

Legal Instrument
Definitions
A New Tax System (Family Assistance) Act 1999 (Cth)
‘FTB child’ (s 22 – no need to amend

if the child of a lesbian co-mother or gay co-father may also be recognised

through reformed parenting presumptions or adoption laws)

‘member of a couple’ (s 3 – no need to

amend if ‘member of a couple’ in the Social Security Act 1991 (Cth) (Social Security Act) is amended)

‘partner’ (s 3 – no need to amend if

‘member of a couple’ in the Social Security Act is

amended)

Aboriginal Councils and Associations Act 1976 (Cth)
‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘spouse’ (s 3 – amend to include

‘de facto partner’)

Aboriginal Land Grant (Jervis Bay Territory) Act

1986 (Cth)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘relative’ (s 37(1) – no need to amend

if ‘spouse’ is amended and ‘parent’ and

‘child’ can include a lesbian co-mother or gay co-father and her or

his children through reformed parenting presumptions or adoption laws)

‘spouse’ (s 37(1) – amend to include

‘de facto partner’)

Aged Care Act 1997 (Cth)
‘close relation’ (s 44.11(1) – no need

to amend if a lesbian co-mother and gay co-father and her or his children may be

recognised through reformed parenting presumptions or adoption

laws)

‘de facto relationship’ (insert new

definition)

‘dependent child’ (s 44.11(2) –amend

to clarify the role of a parenting order; otherwise no need to amend if the

child of a lesbian co-mother or gay co-father may also be recognised through

reformed parenting presumptions or adoption laws)

‘member of a couple’ (amend s 44.11(1) to

replace ‘marriage-like relationship’ with ‘de facto

relationship’)

‘partner’ (s 44.11(1) – no need to

amend if ‘member of a couple’ is amended)

‘young person’ (s 44.11(3) – no need

to amend)

Australian Meat and Live-Stock Industry Act 1997 (Cth)
‘associate’ (s 3 – amend to replace

the term ‘de facto spouse’ with ‘de facto

partner’)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

Bankruptcy Act 1966 (Cth)
‘child’ (s 5 – no need to amend if the

child of a lesbian co-mother or gay co-father may be recognised through reformed

parenting presumptions, adoption laws or a new definition of

‘step-child’)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘de facto spouse’ (s 5 – amend to

include a ‘de facto partner’)

‘related entity’ (s 5 – no need to

amend if ‘de facto spouse’ is amended and a lesbian co-mother or gay

co-father and her or his children may be recognised in the definition of

‘relative’ through reformed parenting presumptions, adoption laws or

a new definition of ‘step-child’)

‘relative’ (s 5 – no need to amend if

‘de facto spouse’ is amended and a lesbian co-mother or gay

co-father and her or his children may be recognised through reformed parenting

presumptions, adoption laws or a new definition of

‘step-child’)

‘spouse’ (insert new definition including a

‘de facto spouse’)

‘spouse’ (s 139K – no need to amend if

‘de facto spouse’ is amended)

‘step-child’ (insert new

definition)

Broadcasting Services Act 1992 (Cth)
‘associate’ (s 6(1) – no need to amend

if new definition of ‘de facto spouse’ and ‘parent’ and

‘child’ can include a lesbian co-mother or gay co-father and her or

his children through reformed parenting presumptions and adoption laws)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘de facto spouse’ (insert new definition

including a ‘de facto partner’)

Child Support (Assessment) Act 1989 (Cth)
‘eligible carer’ (s 7B – no need to

amend if ‘parent’ recognises a gay co-father or lesbian co-mother

through reformed parenting presumptions or adoption laws)

‘parent’ (s 5 – no need to amend if

section 60H of the Family Law Act 1975 (Cth) is amended and a gay

co-father or lesbian co-mother may be recognised through reformed adoption

laws)

Civil Aviation (Carriers’ Liability) Act 1959 (Cth)
‘child’ (no need to insert definition if the

child of a lesbian co-mother or gay co-father may be recognised through reformed

parenting presumptions or adoption laws)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘de facto spouse’ (insert new definition

including a ‘de facto partner’)

‘parent’ (no need to insert definition if a

lesbian co-mother or gay co-father may be recognised through reformed parenting

presumptions or adoption laws)

‘spouse’ (insert new definition including a

‘de facto partner’)

‘step-child’ (insert new

definition)

‘step-parent’ (insert new

definition)

Corporations Act 2001 (Cth)
‘child’ (no need to insert definition if the

child of a lesbian co-mother or gay co-father may be recognised through reformed

parenting presumptions or adoption laws)

‘close associate’ (s 9 – no need to

amend if ‘de facto spouse’ is amended’)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘de facto spouse’ (s 9 – amend to

include a ‘de facto partner’)

‘immediate family member’ (s 9 – no

need to amend if ‘spouse’ is inserted and ‘de facto

spouse’ is amended)

‘parent’ (no need to insert definition if a

lesbian co-mother or gay co-father may be recognised through reformed parenting

presumptions or adoption laws)

‘related entity’ (s 9 – no need to

amend if ‘de facto spouse’ is amended and if a lesbian co-mother or

gay co-father and her or his children may be recognised through reformed

parenting presumptions and adoption laws )

‘relative’ (s 9 – no need to amend if

new definition of ‘spouse’; if the child of a lesbian co-mother or

gay co-father may be recognised as a ‘son’ or daughter’; and

if the co-mother or co-father may be recognised as a ‘parent’

through parenting presumptions or adoption laws)

‘spouse’ (insert new definition including a

‘de facto partner’)

Defence Act 1903 (Cth)
‘child’ (no need to insert definition if the

child of a lesbian co-mother or gay co-father may be recognised through reformed

parenting presumptions or adoption laws)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘dependant’ (insert definition to include a

‘de facto partner’ and ‘child’.)

‘member of a family’ (s 58A - no need to

amend if new definition of ‘dependant’)

Defence Force (Home Loans Assistance) Act 1990 (Cth)
‘child’ (s 3 – no need to amend if the

child of a lesbian co-mother or gay co-father may be recognised through reformed

parenting presumptions, adoption laws or a new definition of

‘step-child’)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘family member’ (s 6 – no need to

amend if ‘spouse’ is amended and a lesbian co-mother or gay

co-father and her or his children may be recognised through reformed parenting

presumptions, adoption laws or a new definition of ‘step-child’)

‘spouse’ (s 3 – amend to include a

‘de facto partner’)

‘step-child’ (insert new

definition)

‘widow’ (s 3 – amend to remove gender

specific language, otherwise no need to amend if ‘spouse’ is

amended)

‘widower’ (s 3 – amend to remove

gender specific language, otherwise no need to amend if ‘spouse’ is

amended)

Defence Force Retirement and Death Benefits Act

1973 (Cth)

‘child’ (s 3(1) – no need to amend if

the child of a lesbian co-mother or gay co-father may be recognised through

reformed parenting presumptions, adoption laws or a new definition of

‘step-child’)

‘de facto relationship’ (insert new

definition)

‘eligible child’ (s 3(1) – no need to

amend if the child of a lesbian co-mother or gay co-father may be recognised

through reformed parenting presumptions, adoption laws or a new definition of

‘step-child’)

‘marital relationship’ (s 6A – amend

to include a ‘de facto relationship’)

‘spouse’ (s 6B(2) – no need to amend

if ‘marital relationship’ is amended)

‘step-child’ (insert new

definition)

Diplomatic Privileges and Immunities Act 1967 (Cth)
‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘member of the family’ (insert new

definition including a ‘de facto partner’. No need to insert

definition of ‘child’ if a lesbian co-mother or gay co-father and

her or his children may be recognised through reformed parenting presumptions or

adoption laws)

Education Services for Overseas Students Act 2000 (Cth)
‘associate’ (s 6(1) – no need to amend

if new definition of ‘de facto spouse’ and if a lesbian co-mother or

gay co-father and her or his children may be recognised as a

‘parent’ or ‘child’ through reformed parenting

presumptions or adoption laws)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘de facto spouse’ (insert new definition

including a ‘de facto partner’)

Family Law Act 1975 (Cth)
‘parent’ (s 4 – no need to amend if s

60H is amended and a gay co-father or lesbian co-mother may be recognised

through reformed adoption laws)

Parenting presumptions for a child born through assisted

reproductive technology (s 60H – amend to include a parenting presumption

in favour of a lesbian co-mother)

Federal Magistrates Amendment (Disability and Death

Benefits) Bill 2006 (seeking to amend the Federal Magistrates Act 1999 (Cth))

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘eligible child’ (sch 1, cl 13 inserting sch

1, cl 9F into the Federal Magistrates Act – no need to amend if the child

of a lesbian co-mother or gay co-father may be recognised through reformed

parenting presumptions or adoption laws)

‘eligible spouse’ (sch 1, cl 13 inserting

sch 1, cl 9E into the Federal Magistrates Act – no need to amend if

‘marital relationship’ is amended)

‘marital relationship’ (sch 1, cl 13

inserting sch 1, cl 9E(5) into the Federal Magistrates Act – amend to

include a ‘de facto partner’)

Financial Sector (Shareholdings) Act 1998 (Cth)
‘associates’ (sch 1, cl 4 – no need to

amend if new definition of ‘spouse’ and a lesbian co-mother or gay

co-father and her or his children may be recognised as a ‘parent’,

‘son’ or ‘daughter’ through reformed parenting

presumptions or adoption laws)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘relative’ (sch 1, cl 2 –no need to

amend if new definition of ‘spouse’ and a lesbian co-mother or gay

co-father and her or his children may be recognised as a ‘parent’,

‘son’ or ‘daughter’ through reformed parenting

presumptions or adoption laws)

‘spouse’ (insert new

definition including a ‘de facto partner’)

Foreign Acquisitions and Takeovers Act 1975 (Cth)
‘associate’ (s 6(a) – no need to amend

if new definition of ‘spouse’ and a lesbian co-mother or gay

co-father and her or his children may be recognised as a ‘parent’,

‘son’ or ‘daughter’ through reformed parenting

presumptions and adoption laws)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘spouse’ (insert new definition including a

‘de facto partner’)

Foreign Acquisitions and Takeovers Regulations 1989 (Cth)
‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘spouse’ (reg 2 – amend to include a

‘de facto partner’)

Foreign States Immunities Act 1985 (Cth)
‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘spouse’ (insert new definition including a

‘de facto partner’)

Fringe Benefits Tax Assessment Act 1986 (Cth)
‘associate’ (s 136(1) – no need to

amend if ‘spouse’ is amended in the Income Tax Assessment Act

1997 (Cth) (Income Tax Assessment Act 1997) and the child of a lesbian

co-mother or gay co-father may be recognised through reformed parenting

presumptions, adoption laws or a new definition of ‘step-child’ in

the Income Tax Assessment Act 1997)

‘child’ (s 136(1) – no need to amend

if the child of a lesbian co-mother or gay co-father may be recognised through

reformed parenting presumptions, adoption laws or a new definition of

‘step-child’ in the Income Tax Assessment Act 1997)

‘relative’ (s 136(1) – no need to

amend if ‘spouse’ is amended in the Income Tax Assessment Act 1997

and a lesbian co-mother or gay co-father may be recognised as a parent through

reformed parenting presumptions or adoption laws or a new definition of

‘step-child’ in the Income Tax Assessment Act 1997)

‘spouse’ (s 136(1) – no need to amend

if ‘spouse’ is amended in the Income Tax Assessment Act

1997)

Governor-General Act 1974 (Cth)
‘de facto relationship’ (insert new

definition)

‘marital relationship’ (s 2B – amend

to include ‘de facto relationship’)

‘spouse of a deceased person’ (s 2C –

no need to amend if ‘marital relationship’ is amended)

Health Insurance Act 1973 (Cth)
‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘dependent child’ (s 10AA(7) – amend

to clarify the role of a parenting order; otherwise no need to amend if the

child of a lesbian co-mother or gay co-father may also be recognised through

reformed parenting presumptions or adoption laws)

‘member of a person’s family’ (s

10AA(1) – no need to amend if ‘spouse’ is amended and

‘dependent child’ recognises the child of a lesbian co-mother or gay

co-father through reformed parenting presumptions or adoption laws)

‘spouse’ (s 10AA(7) – amend to refer

to a ‘de facto partner’)

Higher Education Funding Act 1988 (Cth)
‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘overseas student’ (s 3 – no need to

amend if new definition of ‘spouse’)

‘relative’ (no need to insert definition if

a lesbian co-mother or gay co-father and her or his children may be recognised

through reformed parenting presumptions or adoption laws)

‘spouse’ (insert new definition including a

‘de facto partner’)

Higher Education Support Act 2003 (Cth)
‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘overseas student’ (sch 1, r 1 – no

need to amend if new definition of ‘spouse’)

‘relative’ (no need to insert definition if

a lesbian co-mother or gay co-father and her or his children may be recognised

through reformed parenting presumptions or adoption laws)

‘spouse’ (insert new definition including a

‘de facto partner’)

Income Tax Assessment Act

1936 (Cth)

‘associate’ (s 318 – no need to amend

if ‘spouse’ is amended in the Income Tax Assessment Act 1997 and the

child of a lesbian co-mother or gay co-father may be recognised through reformed

parenting presumptions, adoption laws or a new definition of

‘step-child’ in the Income Tax Assessment Act 1997)

‘child’ (s 6(1) – no need to amend if

the child of a lesbian co-mother or gay co-father may be recognised through

reformed parenting presumptions, adoption laws or a new definition of

‘step-child’ in the Income Tax Assessment Act 1997)

‘child-housekeeper’

(s 159J(6) – no need to amend if the child of a lesbian co-mother or gay

co-father may be recognised through reformed parenting presumptions, adoption

laws or a new definition of ‘step-child’ in the Income Tax

Assessment Act 1997)

‘dependant’ (s 251R – no need to amend

if ‘spouse’ is amended in the Income Tax Assessment Act 1997;

‘member of a couple’ is amended in the Social Security Act; and the

child of a lesbian co-mother or gay co-father may be recognised through reformed

parenting presumptions, adoption laws or a new definition of

‘step-child’ in the Income Tax Assessment Act 1997)

‘invalid relative’ (s 159J(6) – no

need to amend if the child of a lesbian co-mother or gay co-father may be

recognised through reformed parenting presumptions, adoption laws or a new

definition of ‘step-child’ in the Income Tax Assessment Act

1997)

‘relative’ (s 6(1) – no need to amend

if ‘spouse’ is amended in the Income Tax Assessment Act 1997 and a

lesbian co-mother or gay co-father may be recognised as a parent through

reformed parenting presumptions or adoption laws in the Income Tax Assessment

Act 1997)

‘spouse’ (s 6(1) – no need to amend if

‘spouse’ is amended in the Income Tax Assessment Act

1997)

Income Tax Assessment Act 1997 (Cth)
‘child event’ (s 61-360(a) – no need

to amend if ‘legally responsible’ is amended and the child of a

lesbian co-mother or gay co-father may also be recognised through reformed

parenting presumptions or adoption laws)

‘child’ (s 995-1(1) – no need to amend

if the child of a lesbian co-mother or gay co-father may be recognised through

reformed parenting presumptions, adoption laws or a new definition of

‘step-child’)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘death benefits dependant’ (s 302-195

– no need to amend if ‘spouse’ is amended and

‘child’ may recognise the child of a lesbian co-mother or gay

co-father through reformed parenting presumptions, adoption laws or a new

definition of ‘step-child’)

‘interdependency relationship’ (s 302-200

– no need to amend if ‘spouse’ is amended)

‘legally responsible’ (s 995-1(1) –

amend to clarify that a parenting order is evidence of legal

responsibility)

‘partner’ (s 61-490(1)(b) – no need to

amend if ‘member of a couple’ is amended in the Social Security

Act)

‘relative’ (s 995-1(1) – no need to

amend if ‘spouse’ is amended and a lesbian co-mother or gay

co-father may be recognised as a parent through reformed parenting presumptions

or adoption laws)

‘spouse’ (s 995-1(1)

– amend to include a ‘de facto partner’)

‘step-child’ (insert new

definition)

Income Tax Regulations 1936 (Cth)
‘interdependency relationship’ (reg 8A(1)

– no need to amend if ‘spouse’ is amended in the Income Tax

Assessment Act 1997)

Insurance Acquisitions and Takeovers Act 1991 (Cth)
‘associate’ (s 7 – no need to amend if

a new definition of ‘spouse’; and ‘parent’,

‘son’ or ‘daughter’ may include a lesbian co-mother or

gay co-father and her or his children through reformed parenting presumptions or

adoption laws)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘relative’ (s 4 – no need to amend if

a new definition of ‘spouse’; and ‘parent’,

‘son’ or ‘daughter’ may include a lesbian co-mother or

gay co-father and her or his children through reformed parenting presumptions or

adoption laws)

‘spouse’ (insert new definition including a

‘de facto partner’)

International Organisations (Privileges and

Immunities) Act 1963 (Cth)

‘children’ (no need to insert definition if

the children of a lesbian co-mother or gay co-father may be recognised through

reformed parenting presumptions or adoption laws)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘dependent relatives’ (insert new definition

including a ‘spouse’ and ‘children’)

‘spouse’ (insert new definition including a

‘de facto partner’)

Judges’ Pensions Act 1968 (Cth)
‘de facto relationship’ (insert new

definition)

‘eligible child’ (s 4AA – amend to

clarify the role of a parenting order; otherwise no need to amend if the child

of a lesbian co-mother or gay co-father may also be recognised through reformed

parenting presumptions or adoption laws)

‘marital relationship’ (s 4AB(1) –

amend to include ‘de facto relationship’)

‘spouse who survives a deceased judge’ (s

4AC(2) – no need to amend if ‘marital relationship’ is

amended)

Judicial and Statutory Officers (Remuneration and

Allowances) Act 1984 (Cth)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘spouse’ (insert new definition including a

‘de facto partner’)

Life Insurance Act 1995 (Cth)
‘child’ (no need to insert definition if the

child of a lesbian co-mother or gay co-father may be recognised through reformed

parenting presumptions or adoption laws)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘spouse’ (sch 1 – amend to include

‘de facto partner’)

Medicare Levy Act 1986 (Cth)
The Medicare Levy Act 1986 (Cth) does not define

the relevant terms, but relies on definitions in the Income Tax Assessment

Act 1936 (Cth) (s 3(1)). Changes to that Act will automatically change

definitions in the Medicare Levy Act.

Members of Parliament (Life

Gold Pass) Act 2002 (Cth)

‘de facto partner’ (insert new definition)
‘de facto relationship’ (insert new

definition)

‘spouse’ (s 4 – amend to include a

‘de facto partner’)

‘widow’ (s 4 – amend to remove gender

specific language, otherwise no need to amend if ‘spouse’ is

amended)

‘widower’ (s 4 – amend to remove

gender specific language, otherwise no need to amend if ‘spouse’ is

amended)

Migration Regulations 1994 (Cth)
‘member of the family unit’ (reg 1.12

– no need to amend if ‘spouse’ is amended)

‘member of the immediate family’ (reg 1.12AA

– no need to amend if ‘spouse’ is amended)

‘spouse’ (reg 1.15A(2) – amend

criteria of ‘de facto relationship’ to include same-sex

couples)

Military Rehabilitation and Compensation Act 2004 (Cth)
‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘dependant’ (s 15(2) – amend to

clarify the role of a parenting order and to change the reference to a

‘step-son’, ‘step-daughter’, ‘step-mother’

and ‘step-father’ to ‘step-child’ and

‘step-parent’ respectively. Otherwise no need to amend if

‘partner’ is amended and a lesbian co-mother or gay co-father and

her or his children may also be recognised through reformed parenting

presumptions, adoption laws or a new definition of ‘step-child’ and

‘step-parent’)

‘eligible young person’ (s 5 – no need

to amend)

partner’ (s 5 – amend to

include a ‘de facto partner’)

‘step-child’ (insert new

definition)

‘step-parent’ (insert new

definition)

‘wholly dependent partner’ (s 5 – no

need to amend if ‘partner’ is amended)

Military Superannuation and

Benefits Trust Deed (made under s 5(1) of Military

Superannuation and Benefits Act 1991 (Cth))

‘child’ (sch 1, r 1 – no need to amend

if ‘spouse’ is amended and the child of a lesbian co-mother or gay

co-father may be recognised through reformed parenting presumptions, adoption

laws or a new definition of ‘step-child’)

‘de facto relationship’ (insert new

definition)

‘eligible child’ (sch 1, r 1 – no need

to amend if the child of a lesbian co-mother or gay co-father may be recognised

through reformed parenting presumptions, adoption laws or a new definition of

‘step-child’)

‘marital relationship’ (sch 1, r 1A –

amend to include ‘de facto relationship’)

‘spouse’ (sch 1, r 12 –

delete)

‘spouse’ (sch 1, r 9 – no need to

amend if ‘marital relationship’ is amended)

‘step-child’ (insert new

definition)

National Health Act 1953 (Cth)
‘de facto relationship’ (insert new

definition)

‘de facto spouse’ (s 4 – replace with

new definition of ‘de facto partner’)

‘dependent child’ (s 84B(4) – amend to

clarify the role of a parenting order; otherwise no need to amend if the child

of a lesbian co-mother or gay co-father may also be recognised through reformed

parenting presumptions or adoption laws)

‘member of a person’s family’ (s

84B(1) – no need to amend if ‘spouse’ is amended and

‘dependent child’ recognises the child of a lesbian co-mother or gay

co-father through reformed parenting presumptions or adoption laws)

‘spouse’ (s 84B(4) - replace the term

‘de facto spouse’ with the term ‘de facto

partner’)

Parliamentary Contributory Superannuation Act

1948 (Cth)

‘child’ (s 19AA(5) – no need to amend

if the child of a lesbian co-mother or gay co-father may be recognised through

reformed parenting presumptions or adoption laws)

‘de facto relationship’ (insert new

definition)

‘eligible child’ (s 19AA(5) – no need

to amend if the child of a lesbian co-mother or gay co-father may be recognised

through reformed parenting presumptions or adoption laws)

‘marital relationship’ (s 4B – amend

to include ‘de facto relationship’)

‘spouse’ (s 4C(2) – no need to amend

if ‘marital relationship’ is amended)

Parliamentary Entitlements Act 1990 (Cth)
‘de facto partner’ (insert new definition)
‘de facto relationship’ (insert new

definition)

‘spouse’ (s 3 – amend to include a

‘de facto partner’)

Passenger Movement Charge Collection Act 1978 (Cth)
‘child’ (s 3 – no need to amend if the

child of a lesbian co-mother or gay co-father may be recognised through reformed

parenting presumptions, adoption laws or a new definition of

‘step-child’)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘spouse’ (s 3 – amend to include

‘de facto partner’)

‘step-child’ (insert new definition)
Pooled Development Funds Act 1992 (Cth)
‘associate’ (s 31 – no need to amend

if ‘de facto spouse’ is amended and if a lesbian co-mother or gay

co-father and her or his children may be recognised as a ‘parent’ or

‘child’ through reformed parenting presumptions or adoption

laws)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘de facto spouse’ (s 4(1) – amend to

include ‘de facto partner’)

Proceeds of Crime Act 2002 (Cth)
‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘de facto spouse’ (insert new definition

including a ‘de facto partner’)

‘dependant’ (s 338 – no need to amend

if new definition of ‘de facto partner’ and if the child of a

lesbian co-mother or gay co-father may be recognised as a ‘child’

through reformed parenting presumptions or adoption laws)

Remuneration Tribunal Determination 2006/14: Members

of Parliament – Travelling Allowance

‘de facto partner’ (insert new definition)
‘de facto relationship’ (insert new

definition)

‘spouse’ (insert new definition including a

‘de facto partner’)

Remuneration Tribunal Determination 2006/18: Members

of Parliament – Entitlements

‘de facto partner’ (insert new definition)
‘de facto relationship’ (insert new

definition)

‘spouse’ (insert new definition including a

‘de facto partner’)

Retirement Savings Accounts Act 1997 (Cth)
‘child’ (s 20(3) – no need to amend if

the child of a lesbian co-mother or gay co-father may be recognised through

reformed parenting presumptions, adoption laws or a new definition of

‘step-child’)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘dependant’ (s 20(1) – no need to

amend if ‘spouse’ is amended and ‘child’ may recognise

the child of a lesbian co-mother or gay co-father through reformed parenting

presumptions, adoption laws or a new definition of

‘step-child’)

‘interdependency relationship’ (s 20A

– no need to amend if ‘spouse’ is amended)

‘spouse’ (s 20(2) – amend to include a

‘de facto partner’)

‘step-child’ (insert new

definition)

Safety, Rehabilitation and Compensation Act 1988 (Cth)
‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘dependant’ (s 4(1) – amend to clarify

the role of a parenting order and to change references to a

‘step-son’, ‘step-daughter’, ‘step-mother’

and ‘step-father’ to ‘step-child’ and

‘step-parent’ respectively. Otherwise no need to amend if

‘spouse’ is amended and a lesbian co-mother or gay co-father and her

or his children may also be recognised through reformed parenting presumptions,

adoption laws or a new definition of ‘step-child’ and

‘step-parent’)

‘prescribed child’ (s 4(1) – no need

to amend)

‘prescribed person’ (s 19(12) – amend

to clarify the role of a parenting order and to change references to a

‘step-son’, ‘step-daughter’, ‘step-mother’

and ‘step-father’ to ‘step-child’ and

‘step-parent’ respectively. Otherwise no need to amend if

‘spouse’ is amended and a lesbian co-mother or gay co-father and her

or his children may also be recognised through reformed parenting presumptions,

adoption laws or a new definition of ‘step-child’ and

‘step-parent’)

‘spouse’ (s 4(1) – amend to include a

‘de facto partner’)

‘step-child’ (insert new

definition)

‘step-parent’ (insert new

definition)

Seafarers Rehabilitation and Compensation Act

1992 (Cth)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘dependant’ (s 3 – amend to clarify

the role of a parenting order and to change references to a

‘step-son’, ‘step-daughter’, ‘step-mother’

and ‘step-father’ to ‘step-child’ and

‘step-parent’ respectively. Otherwise no need to amend if

‘spouse’ is amended and a lesbian co-mother or gay co-father and her

or his children may also be recognised through reformed parenting presumptions,

adoption laws or a new definition of ‘step-child’ and

‘step-parent’)

‘prescribed child’ (s 3 – no need to

amend)

‘prescribed person’ (s 3 – amend to

clarify the role of a parenting order and to change references to a

‘step-son’, ‘step-daughter’, ‘step-mother’

and ‘step-father’ to ‘step-child’ and

‘step-parent’ respectively. Otherwise no need to amend if

‘spouse’ is amended and a lesbian co-mother or gay co-father and her

or his children may also be recognised through reformed parenting presumptions,

adoption laws or a new definition of ‘step-child’ and

‘step-parent’)

‘spouse’ (s 3 – amend to include a

‘de facto partner’)

‘step-child’ (insert new

definition)

‘step-parent’ (insert new

definition)

Social Security Act 1991 (Cth)
‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘dependant’ (s 6A(1) – no need to

amend if ‘partner’ and ‘dependent child’ are amended and

‘FTB child’ (in A New Tax System (Family Assistance) Act 1999 (Cth)) may also recognise the child of a lesbian co-mother or gay co-father

through reformed parenting presumptions or adoption laws)

‘dependent child’ (s 5(2), (4) – amend

to clarify the role of a parenting order; otherwise no need to amend if the

child of a lesbian co-mother or gay co-father may also be recognised through

reformed parenting presumptions or adoption laws)

‘independent’ (s 1067A – no need to

amend if ‘partner’ and ‘member of a Youth Allowance

couple’ is amended and the child of a lesbian co-mother or gay co-father

may be recognised through reformed parenting presumptions or adoption

laws)

‘marriage-like relationship’ (s 4(2), (3),

(3A) – replace with ‘de facto relationship’)

‘member of a couple’ (s 4(2)(b) –

amend to include a ‘de facto partner’ and ‘de facto

relationship’)

‘member of a Youth Allowance couple’ (s

1067C – amend to include a ‘de facto partner’ and replace

‘marriage-like relationship’ with ‘de facto

relationship’)

‘parent’ (s 5(1)(a) – amend to ensure

that a lesbian co-mother or gay co-father may be recognised through reformed

parenting presumptions or adoption laws)

‘parent’ (s 5(1)(b) – no need to amend

if ‘member of couple’ is amended)

‘partner’ (s 4(1) – no need to amend

if ‘member of a couple’ is amended)

‘principal carer’ (s 5(15) – no need

to amend if ‘dependent child’ is amended)

‘widow’ (s 23 – amend to remove a

reference to partner of ‘a man’, otherwise no need to amend if

‘member of a couple’ is amended)

‘young person’ (s 5(1B) – no need to

amend)

Superannuation (Public Sector Superannuation

Accumulation Plan) Trust Deed (made under s 10 of the Superannuation Act

2005 (Cth))

‘dependant’ (div 2, r 1.2.1 – no need

to amend if ‘spouse’ is amended in the Superannuation Industry

(Supervision) Act 1993 (Cth) (Superannuation Industry Act))

Superannuation Act

1976 (Cth)

‘child’ (s 3(1) – no need to amend if

the child of a lesbian co-mother or gay co-father may be recognised through

reformed parenting presumptions, adoption laws or a new definition of

‘step-child’)

‘de facto relationship’ (insert new

definition)

‘eligible child’ (s 3(1) – no need to

amend if the child of a lesbian co-mother or gay co-father may also be

recognised through reformed parenting presumptions, adoption laws or a new

definition of ‘step-child’)

‘marital relationship’ (s 8A – amend

to include ‘de facto relationship’)

‘partially dependent child’ (s 3(1) –

no need to amend if the child of a lesbian co-mother or gay co-father may also

be recognised through reformed parenting presumptions, adoption laws or a new

definition of ‘step-child’)

‘spouse’ (s 8B(2) – no need to amend

if ‘marital relationship’ is amended)

‘step-child’ (insert new definition)
Superannuation Act 1990 (Cth)
‘child’ (sch 1, r 1.1.1 – no need to

amend if ‘spouse’ is amended and the child of a lesbian co-mother or

gay co-father may be recognised through reformed parenting presumptions,

adoption laws or a new definition of ‘step-child’)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘eligible child’ (sch 1, r 1.1.1 – no

need to amend if the child of a lesbian co-mother or gay co-father may also be

recognised through reformed parenting presumptions, adoption laws or a new

definition of ‘step-child’)

‘partially dependent child’ (sch 1, r 1.1.1

– no need to amend if the child of a lesbian co-mother or gay co-father

may also be recognised through reformed parenting presumptions, adoption laws or

a new definition of ‘step-child’)

‘spouse’ (sch 1, r 1.1.1 – amend to

include a ‘de facto partner’)

‘step-child’ (insert new

definition)

Superannuation Industry (Supervision) Act 1993 (Cth)
‘child’ (s 10(1) – no need to amend if

the child of a lesbian co-mother or gay co-father may be recognised through

reformed parenting presumptions, adoption laws or a new definition of

‘step-child’)

‘de facto partner’ (insert new

definition)

‘de facto relationship’ (insert new

definition)

‘dependant’ (s 10 – no need to amend

if ‘spouse’ is amended and the child of a lesbian co-mother or gay

co-father may be recognised through reformed parenting presumptions, adoption

laws or a new definition of ‘step-child’)

‘interdependency relationship’ (s 10A - no

need to amend if ‘spouse’ is amended)

‘spouse’ (s 10(1) – amend to include a

‘de facto partner’)

‘step-child’ (insert new

definition)

Superannuation Industry (Supervision) Regulations 1994

(Cth)

‘interdependency relationship’ (reg 1.04AAAA

- no need to amend if ‘spouse’ is amended in the Superannuation

Industry Act)

Veterans’ Entitlements Act 1986 (Cth)
‘child of a veteran’ (s 10 –

amend to clarify the role of a parenting order; otherwise no need to amend if

the child of a lesbian co-mother or gay co-father may also be recognised through

reformed parenting presumptions or adoption laws)

‘child’ (s 5F(1) – no need to

amend)

‘de facto partner’ (insert new

definition)

‘de-facto relationship’ (insert new

definition)

‘dependant’ (s 11(1) – no need to

amend if ‘member of a couple’, ‘widow’,

‘widower’, ‘non-illness separated spouse’ are

amended)

‘dependent child’ (s 5F – no need to

amend if s 5(2), (4) is amended in the Social Security Act)

‘marriage-like relationship’ (s 11A –

replace with ‘de facto relationship’)

‘member of a couple’ (s 5E(2)(b) –

amend to include a ‘de facto partner’ and replace

‘marriage-like relationship’ with ‘de-facto

relationship’)

‘non-illness separated

spouse’ (s 5E(1) – amend to include a ‘de facto

partner’)

‘partner’ (s 5E(1) – no need to amend

if ‘member of a couple’ is amended)

‘war widow’ (s 5E(1) – no need to

amend if ‘member of a couple’ is amended)

‘war widower’ (s 5E(1) – no need to

amend if ‘member of a couple’ is amended)

‘widow’ (s 5E(1) – amend to remove a

reference to partner of ‘a man’, otherwise no need to amend if

‘member of a couple’ is amended)

‘widower’ (s 5E(1) – amend to remove a

reference to partner of ‘a woman’, otherwise no need to amend if

‘member of a couple’ is amended)

Workplace Relations Act 1996 (Cth)
‘child’ (s 240 – no need to amend if

the child of a lesbian co-mother or gay co-father are recognised through

refo