Accident Compensation Act 2001

Preliminary provisions

18A: Partner (and partner in relation to deceased claimant)

You could also call this:

"Who counts as your partner, even after you die"

A partner is someone you are in a civil union or de facto relationship with. However, they are not considered your partner if you are living apart and you are not helping to pay for their living expenses.

There's an exception to this rule. If you are living apart because of health reasons, being in prison, or work commitments, then they are still considered your partner.

If you have died, your partner is the person you were in a civil union or de facto relationship with just before you died. But they are not considered your partner if you were living apart and not helping to pay for their living expenses when you died.

Again, there's an exception. If you were living apart because of health reasons, being in prison, or work commitments, then they are still considered your partner.

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Part 1Preliminary provisions

18APartner (and partner in relation to deceased claimant)

  1. Partner means a person (person A) with whom the claimant is in a civil union or a de facto relationship.

  2. However, person A is not the partner of a claimant if—

  3. person A and the claimant are living apart; and
    1. the claimant is not contributing financially to person A's welfare.
      1. Subsection (2) does not apply if the circumstances set out in the subsection occurred principally because of the health, imprisonment, or employment obligations of either person A or the claimant.

      2. Partner, in relation to a deceased claimant, means a person (person B)—

      3. with whom the deceased claimant was in a civil union immediately before his or her death; or
        1. with whom the deceased claimant was in a de facto relationship immediately before his or her death.
          1. However, person B is not the partner of a deceased claimant if, at the time of the deceased claimant's death,—

          2. person B and the deceased claimant were living apart; and
            1. the deceased claimant was not contributing financially to person B's welfare.
              1. Subsection (5) does not apply if the circumstances set out in the subsection occurred principally because of the health, imprisonment, or employment obligations of either person B or the deceased claimant.

              Notes
              • Section 18A: inserted, on , by section 5 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).