Skip to main content

1.3.35 Child

1.3.36 Partner

Guidance

For the purpose of conditions of service benefits, only one person will be recognised as the partner of a member.

1.3.37 Recognised other person

Guidance

Section 1.3.19 provides when a child who is absent due to education is accompanied resident family, and section 1.3.29 provides when a child who is absent due to education is unaccompanied resident family. 

Guidance

Example: The partner is caring for their parent in the parent's home for a few weeks while the parent recovers from surgery.

The recognition by the CDF of both of the following is made under section 1.3.1.

  1. Guardian or housekeeper.

  2. Live-in carer.

1.3.38 CDF recognised partner

Guidance

The approved form used to apply for recognition under section 1.3.38 is the same form used to recognise a de facto relationship under section 1.3.39.

Guidance

Example: A member may wish to apply for recognition of a partner from a date that is before the date they submit their application.

Retrospective Recognition: Retrospectivity will not be accepted solely on the basis of a claim by the member that a relationship existed from an earlier time. Acceptable reasons for retrospective recognition would normally relate to an action or inaction on the part of the Service which could have contributed to the delay, or otherwise influenced the member not to proceed with an earlier application. Examples may include administrative errors on enlistment/appointment, or associated with short-notice postings between locations. Members may also advance other reasons, which will be considered on their individual merits.

1.3.39 De facto relationship

Guidance

Section 2F of the Acts Interpretation Act 1901 provides the factors to consider when determining if a relationship between two people is a de facto relationship. They include:

  1. The duration of the relationship.
  2. The nature and extent of their common residence.
  3. The degree of financial dependence or interdependence, and any arrangements for financial support, between the two people.
  4. The ownership, use and acquisition of their property;
  5. The degree of mutual commitment to a shared life;
  6. The care and support of children;

The reputation and public aspects of the relationship.

Guidance

Retrospective Recognition: Retrospectivity will not be accepted solely on the basis of a claim by the member that a relationship existed from an earlier time. Acceptable reasons for retrospective recognition would normally relate to an action or inaction on the part of the Service which could have contributed to the delay, or otherwise influenced the member not to proceed with an earlier application. Examples may include administrative errors on enlistment/appointment, or associated with short-notice postings between locations. Members may also advance other reasons, which will be considered on their individual merits.

The approved form for section 1.3.39 is AF084 - Recognition of a De Facto Relationship.

Pay and conditions manual


Newsletter

Subscribe here to receive monthly updates on ADF pay and conditions information.