Migration Act 1958

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.

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:

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

the relationship between them is genuine and continuing; and

they:

live together; or

do not live separately and apart on a permanent basis; and

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

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.

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

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

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

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