Division 4: Key definitions relating to people

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

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. 

The approved form for section 1.3.38 is AF084 - Recognition of a De Facto Relationship.

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.

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;
7. The reputation and public aspects of the relationship.

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.