Commonwealth Numbered Acts

CHILDCARE REBATE ACT 1993 No. 112 of 1993 - SECT 5

5.(1) Subject to subsection (4), for the purposes of this Act, a family means
a group of people that is made up of:

   (a)  a person and any dependent children of the person; and

   (b)  the partner (if any) of the person and any dependent children of the
        partner.

(2) For the purpose of paragraph (1)(b), a person is the partner of another
person if:

   (a)  the person is legally married to the other person and is not, in the
        Managing Director's opinion (formed as mentioned in subsection (3)),
        living separately and apart from the other person on a permanent
        basis; or

   (b)  all of the following conditions are met:

        (i)    the person is living with the other person;

        (ii)   the other person is of the opposite sex;

        (iii)  the person is not legally married to the other person;

        (iv)   the relationship between the person and the other person is, in
               the Managing Director's opinion (formed as mentioned in
               subsection (3)), a marriage-like relationship;

        (v)    the person and the other person are not within a prohibited
               relationship for the purposes of section 23B of the
               Marriage Act 1961. Note: A prohibited relationship for the
               purposes of section 23B of the Marriage Act 1961 is a
               relationship between a person and:
. an ancestor of the person; or
. a descendant of the person; or
. a brother or sister of the person (whether of the whole blood or the
part-blood).

(3) In forming an opinion about the relationship between 2 people for the
purposes of paragraph (2)(a) or subparagraph (2)(b)(iv), the Managing Director
is to have regard to all the circumstances of the relationship including, in
particular, the following matters:

   (a)  the financial aspects of the relationship, including:

        (i)    any joint ownership of real estate or other major assets and
               any joint liabilities; and

        (ii)   any significant pooling of financial resources especially in
               relation to major financial commitments; and

        (iii)  any legal obligations owed by one person in respect of the
               other person; and

        (iv)   the basis of any sharing of day-to-day household expenses;

   (b)  the nature of the household, including:

        (i)    any joint responsibility for providing care or support of
               children; and

        (ii)   the living arrangements of the people; and

        (iii)  the basis on which responsibility for housework is distributed;

   (c)  the social aspects of the relationship, including:

        (i)    whether the people hold themselves out as married to each
               other; and

        (ii)   the assessment of friends and regular associates of the people
               about the nature of their relationship; and

        (iii)  the basis on which the people make plans for, or engage in,
               joint social activities;

   (d)  any sexual relationship between the people;

   (e)  the nature of the people's commitment to each other, including:

        (i)    the length of the relationship; and

        (ii)   the nature of any companionship and emotional support that the
               people provide to each other; and

        (iii)  whether the people consider that the relationship is likely to
               continue indefinitely; and

        (iv)   whether the people see their relationship as a marriage-like
               relationship.

(4) A person is not to be simultaneously treated as a member of more than one
family unless:

   (a)  the person is a child; and

   (b)  members of more than one family jointly share the right to have, and
        to make decisions concerning, the daily care and control of the child.