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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Relationships Register Bill 2010
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Object of Act 2
4 Definitions 2
Part 2 Registration of relationships
5 Eligibility for registration 3
6 Applications for registration 3
7 Registrar may require further information 4
8 Cooling off period for registration 4
9 Determination of registration applications 4
Part 3 End of registration of relationships
10 Revocation of registration by events 5
Relationships Register Bill 2010
Contents
Page
11 Applications for revocation of registration by parties 5
12 Cooling off period for revocation applications 5
13 Revocation on application by one or both persons 5
14 Void registrations 6
15 Notation of revocation or void registration in Register 6
Part 4 Miscellaneous
16 Recognition of interstate registered relationships 7
17 Regulations 7
18 Applications to Administrative Decisions Tribunal for
review 7
19 Disclosure of information 7
20 Nature of proceedings for offences 8
21 Review of Act 8
Schedule 1 Savings, transitional and other provisions 9
Schedule 2 Amendment of Acts relating to relationship
register 10
Schedule 3 Amendment of Acts and instruments
relating to de facto partners 13
Contents page 2
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2010
New South Wales
Relationships Register Bill 2010
Act No , 2010
An Act with respect to the registration of de facto relationships; and for other
purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Relationships Register Bill 2010
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Relationships Register Act 2010.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation,
except as provided by subsection (2).
(2) Schedule 2.2 and Schedule 3 commence on the date of assent to this Act.
3 Object of Act
The object of this Act is to provide for the legal recognition of persons
in a relationship as a couple, regardless of their sex, by registration of
the relationship.
4 Definitions
(1) In this Act:
adult means a person of or above the age of 18 years.
corresponding law means a law of another State or a Territory
providing for the registration of or recognition of relationships that is
prescribed by the regulations.
interstate registered relationship--see section 16.
Register means the Register established under the Births, Deaths and
Marriages Registration Act 1995.
registered relationship means a relationship that is registered under this
Act.
Registrar means the Registrar of Births, Deaths and Marriages within
the meaning of the Births, Deaths and Marriages Registration Act 1995.
(2) Notes included in this Act do not form part of this Act.
Page 2
Relationships Register Bill 2010 Clause 5
Registration of relationships Part 2
Part 2 Registration of relationships
5 Eligibility for registration
(1) Two adults who are in a relationship as a couple, regardless of their sex,
may apply to the Registrar for registration of their relationship.
(2) A relationship cannot be registered unless at least one of the adults
resides in New South Wales.
(3) A relationship cannot be registered if:
(a) either adult is married, or
(b) either adult is registered under this Act or a corresponding law as
being in a registered relationship or an interstate registered
relationship, or
(c) either adult is in a relationship as a couple with another person, or
(d) the adults are related by family.
(4) Two adults are related by family if:
(a) one is the child (including an adopted child) of the other, or
(b) one is another descendant of the other (even if the relationship
between them is traced through an adoptive parent), or
(c) they have a parent in common (including an adoptive parent of
either or both of them).
(5) Subsection (4) applies:
(a) even if an adoption has been declared void or is of no effect, and
(b) to adoptions under the law of any place (whether in or out of
Australia) relating to the adoption of children.
6 Applications for registration
An application for registration of a relationship is to be made in the form
approved by the Registrar and must be accompanied by the following:
(a) a statutory declaration by each person in the relationship stating
the following:
(i) that the person wishes to register the relationship,
(ii) that the person is in a relationship as a couple with the
other person,
(iii) that the person is not married,
(iv) that the person is not registered under this Act or a
corresponding law as being in a registered relationship or
an interstate registered relationship,
Page 3
Clause 7 Relationships Register Bill 2010
Part 2 Registration of relationships
(v) that the person is not in a relationship as a couple with a
person other than the other applicant,
(vi) that the person does or does not reside in New South
Wales,
(vii) that the person is not related to the other applicant by
family,
(b) evidence of the identity and age of each person in the
relationship,
(c) the fee prescribed by the regulations,
(d) any other documents and information prescribed by the
regulations.
7 Registrar may require further information
The Registrar may require applicants for registration of a relationship to
provide any further information that the Registrar requires to determine
the application.
8 Cooling off period for registration
(1) The Registrar must not register a relationship before the end of the
cooling off period for the registration application.
(2) An applicant for registration of a relationship may withdraw the
application before the relationship is registered by giving the Registrar
a withdrawal notice in the form approved by the Registrar.
(3) The cooling off period for a registration application is the period ending
28 days after the application is made.
9 Determination of registration applications
The Registrar must register a relationship in the Register as soon as
practicable after the end of the cooling off period, if the Registrar is
satisfied that the relationship may be registered under this Act and the
application has not been withdrawn.
Note. Part 8 of the Births, Deaths and Marriages Registration Act 1995 provides
for the registration of relationships in the Register, including correction of the
Register, access to information in the Register and the issue of certificates and
other services provided by the Registrar relating to registrable events.
Page 4
Relationships Register Bill 2010 Clause 10
End of registration of relationships Part 3
Part 3 End of registration of relationships
10 Revocation of registration by events
The registration of a registered relationship is revoked in the following
circumstances:
(a) on the death of a person in the relationship,
(b) on the marriage of a person in the relationship.
11 Applications for revocation of registration by parties
(1) One or both persons in a registered relationship may apply to the
Registrar to revoke the registration of the relationship.
(2) The application is to be in the form approved by the Registrar and to be
accompanied by the following:
(a) a statutory declaration by at least one of the persons stating that
the person wishes to revoke the registration,
(b) if only one person makes the application, proof of service of
notice of the application on the other person and particulars of
that notice,
(c) the fee prescribed by the regulations,
(d) any other documents and information prescribed by the
regulations.
(3) The Registrar may dispense with the obligation to give notice of the
application to the other person, or approve alternative means of giving
notice, if the Registrar is satisfied that it is not reasonably practicable to
give notice of the application in the manner required by or under this
Act.
12 Cooling off period for revocation applications
(1) The Registrar must not revoke the registration of a relationship before
the end of the cooling off period for a revocation application.
(2) An applicant for revocation of registration of a relationship may
withdraw the application before the registration is revoked by giving the
Registrar a withdrawal notice in the form approved by the Registrar.
(3) The cooling off period for a revocation application is the period ending
90 days after the application is made.
13 Revocation on application by one or both persons
The Registrar must revoke the registration of a registered relationship
as soon as practicable after the end of the cooling off period, if an
Page 5
Clause 14 Relationships Register Bill 2010
Part 3 End of registration of relationships
application is made in accordance with this Part and the Registrar is
satisfied that the application has not been withdrawn.
14 Void registrations
(1) Registration of a registered relationship is void if:
(a) when the relationship was registered, registration under this Act
was prohibited, or
(b) the agreement of one or both of the persons in the relationship to
the registration was obtained by fraud, duress or other improper
means, or
(c) when the relationship was registered, either party was mentally
incapable of understanding the nature and effect of the
registration.
(2) Any court may, of its own motion, make an order declaring the
registration of a registered relationship void by operation of this section
if a question arises in proceedings as to the registration.
15 Notation of revocation or void registration in Register
If the registration of a registered relationship is revoked or is void, the
Registrar must note that fact on the Register.
Page 6
Relationships Register Bill 2010 Clause 16
Miscellaneous Part 4
Part 4 Miscellaneous
16 Recognition of interstate registered relationships
The regulations may declare that a class of relationships registered or
recognised under a corresponding law are interstate registered
relationships for the purposes of this Act.
17 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted to
be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
(2) In particular, regulations may be made for or with respect to the
following:
(a) prescribing fees for the purposes of this Act,
(b) the refund or waiver of fees under this Act,
(c) the notification of registrations under this Act, or related events,
to relevant registration authorities in other States or Territories,
(d) notes on the Register about interstate registered relationships,
(e) the service of notices under this Act.
(3) A regulation may create an offence punishable by a penalty not
exceeding 5 penalty units.
18 Applications to Administrative Decisions Tribunal for review
A person may apply to the Administrative Decisions Tribunal for a
review of a decision of the Registrar made in the exercise or purported
exercise of functions under this Act.
Note. Section 38 (1) of the Administrative Decisions Tribunal Act 1997 provides
that the Tribunal has jurisdiction to review a decision (or a class of decisions) if
an Act or statutory rule provides that applications may be made to it for a review
of any such decision (or class of decisions).
19 Disclosure of information
A person must not disclose any information obtained in connection with
the administration or execution of this Act unless that disclosure is
made:
(a) with the consent of the person from whom the information was
obtained, or
(b) in connection with the administration or execution of this Act, or
(c) for the purposes of any legal proceedings arising out of this Act
or of any report of any such proceedings, or
Page 7
Clause 20 Relationships Register Bill 2010
Part 4 Miscellaneous
(d) in accordance with a requirement imposed under the Ombudsman
Act 1974, or
(e) with other lawful excuse.
Maximum penalty: 50 penalty units or 12 months imprisonment, or
both.
20 Nature of proceedings for offences
Proceedings for an offence under this Act or the regulations may be
dealt with summarily before the Local Court.
21 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of
5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of
Parliament within 12 months after the end of the period of 5 years.
Page 8
Relationships Register Bill 2010
Savings, transitional and other provisions Schedule 1
Schedule 1 Savings, transitional and other
provisions
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect from
the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication on the NSW legislation website,
the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
Page 9
Relationships Register Bill 2010
Schedule 2 Amendment of Acts relating to relationship register
Schedule 2 Amendment of Acts relating to
relationship register
2.1 Births, Deaths and Marriages Registration Act 1995 No 62
[1] Section 3 Objects of Act
Insert ", registered relationships" after "marriages" in section 3 (d).
[2] Section 4A
Insert after section 4:
4A Application of Act to relationships under the Relationships
Register Act 2010
This Act and the regulations apply to a relationship that the
Registrar determines may be registered under the Relationships
Register Act 2010 in the same way that they apply to a registrable
event.
[3] Section 6 Registrar's general functions
Insert "and the Relationships Register Act 2010" after "this Act" in
section 6 (a).
[4] Section 8 Delegation
Insert "and the Relationships Register Act 2010" after "this Act" in
section 8 (1).
[5] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Relationships Register Act 2010
Page 10
Relationships Register Bill 2010
Amendment of Acts relating to relationship register Schedule 2
2.2 Interpretation Act 1987 No 15
Section 21C
Insert after section 21B:
21C References to de facto partners and de facto relationships
(1) Meaning of "de facto partner"
For the purposes of any Act or instrument, a person is the de facto
partner of another person (whether of the same sex or a different
sex) if:
(a) the person is in a registered relationship or interstate
registered relationship with the other person within the
meaning of the Relationships Register Act 2010, or
(b) the person is in a de facto relationship with the other
person.
(2) Meaning of "de facto relationship"
For the purposes of any Act or instrument, a person is in a de
facto relationship with another person if:
(a) they have a relationship as a couple living together, and
(b) they are not married to one another or related by family.
A de facto relationship can exist even if one of the persons is
legally married to someone else or in a registered relationship or
interstate registered relationship with someone else.
(3) Determination of "relationship as a couple"
In determining whether 2 persons have a relationship as a couple
for the purposes of subsection (2), all the circumstances of the
relationship are to be taken into account, including any of the
following matters that are relevant in a particular case:
(a) the duration of the relationship,
(b) the nature and extent of their common residence,
(c) whether a sexual relationship exists,
(d) the degree of financial dependence or interdependence,
and any arrangements for financial support, between them,
(e) the ownership, use and acquisition of property,
(f) the degree of mutual commitment to a shared life,
(g) the care and support of children,
Page 11
Relationships Register Bill 2010
Schedule 2 Amendment of Acts relating to relationship register
(h) the performance of household duties,
(i) the reputation and public aspects of the relationship.
No particular finding in relation to any of those matters is
necessary in determining whether 2 persons have a relationship
as a couple.
(4) Meaning of "related by family"
For the purposes of subsection (2), 2 persons are related by
family if:
(a) one is the child (including an adopted child) of the other, or
(b) one is another descendant of the other (even if the
relationship between them is traced through an adoptive
parent), or
(c) they have a parent in common (including an adoptive
parent of either or both of them).
This subsection applies:
(a) even if an adoption has been declared void or is of no
effect, and
(b) to adoptions under the law of any place (whether in or out
of Australia) relating to the adoption of children.
2.3 Property (Relationships) Act 1984 No 147
Section 3 Definitions
Insert after section 3 (3):
(4) For the purposes of this Act, a registered relationship or an
interstate registered relationship, within the meaning of the
Relationships Register Act 2010, is a de facto relationship.
Page 12
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
Schedule 3 Amendment of Acts and instruments
relating to de facto partners
3.1 Aboriginal Land Rights Act 1983 No 42
[1] Section 4 Definitions
Omit the definition of de facto partner from section 4 (1).
[2] Section 183 Persons who have pecuniary interests
Insert after section 183 (2):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.2 Agricultural Industry Services Act 1998 No 45
[1] Section 48 Disclosure and misuse of information
Insert after section 48 (2):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Section 48 (3)
Omit the subsection.
3.3 Anatomy Act 1977 No 126
[1] Section 4 Definitions
Omit section 4 (2) (d) (ii). Insert instead:
(ii) the person's de facto partner,
[2] Section 4 (2)
Insert after the subsection:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.4 Anti-Discrimination Act 1977 No 48
[1] Section 4 Definitions
Omit the definitions of de facto partner and de facto relationship from
section 4 (1).
Page 13
Relationships Register Bill 2010
Schedule 3 Amendment of Acts and instruments relating to de facto partners
[2] Section 49S Meaning of "responsibilities as a carer"
Omit paragraph (b) of the definition of spouse from section 49S (3).
Insert instead:
(b) the de facto partner of a person.
[3] Section 49S (3), definition of "spouse"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.5 Apprenticeship and Traineeship Act 2001 No 80
[1] Section 25 Juniors not to be employed in recognised trade vocations
unless apprentices or qualified tradespersons
Insert after section 25 (2):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Section 25 (3)
Omit the subsection.
3.6 Assisted Reproductive Technology Act 2007 No 69
[1] Section 4 Definitions
Omit paragraph (b) of the definition of spouse from section 4 (1).
Insert instead:
(b) the person's de facto partner,
[2] Section 4 (1), definition of "spouse"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.7 Bail Act 1978 No 161
[1] Section 4 Definitions
Insert "de facto partner," after "husband," in paragraph (a) of the definition of
close relative in section 4 (1).
Page 14
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
[2] Section 4 (1), definition of "close relative"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.8 Bail Regulation 2008
[1] Clause 3 Definitions
Omit the definition of de facto partner from clause 3 (1).
[2] Clause 7 Manner of application in relation to bail
Insert after clause 7 (2):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.9 Births, Deaths and Marriages Registration Regulation 2006
[1] Clause 3 Definitions
Omit the definition of de facto partner from clause 3 (1).
[2] Clause 10 Persons who may apply for old birth certificate
Insert after clause 10 (1):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.10 Building Professionals Act 2005 No 115
Section 68 Meaning of being related to another person
Insert after the section:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.11 Casino Control Regulation 2009
Schedule 6 Applied provisions of Liquor Act 2007 as modified
Insert after the definition of responsible adult in clause 4 (1):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
Page 15
Relationships Register Bill 2010
Schedule 3 Amendment of Acts and instruments relating to de facto partners
3.12 Central Coast Water Corporation Act 2006 No 105
[1] Schedule 6 Duties and liabilities of directors and other officers
Insert after clause 4 (1):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Schedule 6, clause 4 (4)
Omit the definition of de facto partner.
3.13 Charles Sturt University Act 1989 No 76
[1] Schedule 3 Duties of Council members
Omit the definition of de facto partner from clause 5 (10).
[2] Schedule 3, clause 5 (10)
Insert after the subclause:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.14 Charles Sturt University By-law 2005
[1] Clause 2 Definitions
Insert after the definition of associate in clause 2 (1):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Clause 2 (1), definition of "de facto partner"
Omit the definition.
3.15 Child Protection (Offenders Prohibition Orders) Act 2004
No 46
[1] Section 16D Contact prohibition order not to restrict certain contacts
Omit ", de facto or same-sex partner" from section 16D (6) (a).
Insert instead "or de facto partner".
[2] Section 16D (6)
Insert after the subsection:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
Page 16
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
3.16 Children (Criminal Proceedings) Act 1987 No 55
[1] Section 10 Exclusion of general public from criminal proceedings
Omit paragraph (b) of the definition of member of the immediate family from
section 10 (4).
Insert instead:
(b) the victim's de facto partner, or
[2] Section 10 (4)
Insert after the subsection:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.17 Children's Services Regulation 2004
[1] Dictionary
Omit the definition of de facto partner.
[2] Dictionary, definition of "independent referee"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.18 Civil Liability Act 2002 No 22
[1] Section 15B Damages for loss of capacity to provide domestic services
Omit ", being a person who has a de facto relationship (within the meaning of
the Property (Relationships) Act 1984) with the claimant" from paragraph
(a) (ii) of the definition of dependants in section 15B (1).
[2] Section 15B (1), definition of "dependants"
Insert after paragraph (a) (ii):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[3] Section 30 Limitation on recovery for pure mental harm arising from
shock
Omit paragraph (b) of the definition of spouse or partner from section 30 (5).
Insert instead:
(b) a de facto partner,
Page 17
Relationships Register Bill 2010
Schedule 3 Amendment of Acts and instruments relating to de facto partners
3.19 Commercial Agents and Private Inquiry Agents Act 2004
No 70
[1] Schedule 2 Trust accounts, records and receivership in relation to debt
collection
Insert after clause 27 (2):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Schedule 2, clause 27 (3)
Omit the subclause.
3.20 Commercial Agents and Private Inquiry Agents Regulation
2006
[1] Clause 14 Application fees
Insert after clause 14 (5):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Clause 14 (6)
Omit the subclause.
3.21 Compensation to Relatives Act 1897 No 31
Section 7 Construction of Act
Omit section 7 (4) (b). Insert instead:
(b) a de facto partner.
Note. "De facto partner" is defined in section 21C of the
Interpretation Act 1987.
3.22 Contaminated Land Management Act 1997 No 140
[1] Section 54 Site auditor to avoid conflicts of interest
Insert after section 54 (3):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Section 54 (4)
Omit the subsection.
Page 18
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
3.23 Conveyancers Licensing Act 2003 No 3
[1] Section 91 Associates of a licensee
Omit "being a person who has a de facto relationship (within the meaning of
the Property (Relationships) Act 1984) with the licensee or other person,"
from section 91 (2) (b).
[2] Section 91 (2)
Insert after the subsection:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.24 Co-operative Housing and Starr-Bowkett Societies Act 1998
No 11
[1] Section 3 Definitions
Omit the definition of de facto partner from section 3 (1).
[2] Section 4 Interpretation--meaning of "associate"
Insert after section 4 (2):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.25 Coroners Act 2009 No 41
[1] Section 4 Definitions
Omit paragraph (b) of the definition of spouse from section 4 (1).
Insert instead:
(b) a de facto partner,
[2] Section 4 (1), definition of "spouse"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[3] Section 5 Meaning of "relative"
Omit section 5 (2). Insert instead:
(2) A reference in subsection (1) (a) to the child of a person includes,
if the person was in a de facto relationship, or a domestic
relationship within the meaning of the Property (Relationships)
Act 1984, a reference to the following:
Page 19
Relationships Register Bill 2010
Schedule 3 Amendment of Acts and instruments relating to de facto partners
(a) a child born as a result of sexual relations between the
parties to the relationship,
(b) a child adopted by both parties,
(c) in the case of a de facto relationship between a man and a
woman, a child of the woman of whom the man is the
father or of whom the man is presumed, by virtue of the
Status of Children Act 1996, to be the father (except where
the presumption is rebutted),
(d) in the case of a de facto relationship between 2 women, a
child of whom both of those women are presumed to be
parents by virtue of the Status of Children Act 1996,
(e) a child for whose long-term welfare both parties have
parental responsibility (within the meaning of the Children
and Young Persons (Care and Protection) Act 1998).
Note. "De facto relationship" is defined in section 21C of the
Interpretation Act 1987.
(3) A reference in subsection (1) (a) to a parent includes a reference
to a party to a relationship referred to in subsection (2) of which
the deceased, or suspected deceased, was by virtue of
subsection (2) a child.
3.26 Credit Act 1984 No 94
[1] Section 5 Definitions
Omit the definition of spouse from section 5 (1). Insert instead:
spouse of a person includes a de facto partner of that person.
[2] Section 5 (1), definition of "spouse"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[3] Section 5 (5)
Insert after section 5 (4):
(5) Notes included in this Act do not form part of this Act.
3.27 Crimes Act 1900 No 40
[1] Section 61AA Defence of lawful correction
Omit the definition of de facto spouse from section 61AA (6).
Page 20
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
[2] Section 61AA (6), definition of "person acting for a parent"
Omit "de facto spouse". Insert instead "de facto partner".
[3] Section 61AA (6), definition of "person acting for a parent"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.28 Crimes (Administration of Sentences) Act 1999 No 93
[1] Section 26 Local leave permits
Omit "a person with whom the inmate has a de facto relationship (within the
meaning of the Property (Relationships) Act 1984)" from section 26 (5).
Insert instead "a de facto partner of the inmate".
[2] Section 26 (5)
Insert after the subsection:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[3] Section 29 Issue of interstate leave permit
Omit section 29 (7). Insert instead:
(7) For the purposes of this section, member of the inmate's
immediate family includes a de facto partner of the inmate.
3.29 Crimes (Administration of Sentences) Regulation 2008
[1] Schedule 1 Information to be recorded in relation to inmates
Omit "is living with another person in a de facto relationship" from item 20.
Insert instead "has a de facto partner".
[2] Schedule 1
Insert after item 20:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.30 Crimes (Domestic and Personal Violence) Act 2007 No 80
[1] Section 5 Meaning of "domestic relationship"
Omit section 5 (b). Insert instead:
(b) is or has been a de facto partner of that other person, or
Page 21
Relationships Register Bill 2010
Schedule 3 Amendment of Acts and instruments relating to de facto partners
[2] Section 5
Insert after the section:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[3] Section 6 Meaning of "relative"
Omit "a de facto relationship, within the meaning of the Property
(Relationships) Act 1984, with somebody else" from section 6 (b).
Insert instead "a de facto partner".
3.31 Crimes (Sentencing Procedure) Act 1999 No 92
[1] Section 26 Definitions
Omit paragraph (b) of the definition of member of the primary victim's
immediate family.
Insert instead:
(b) the victim's de facto partner, or
[2] Section 26, definition of "member of the primary victim's immediate
family"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[3] Section 100A Non-association and place restriction orders not to restrict
certain associations or activities
Omit ", de facto or same-sex partner" from section 100A (3) (a).
Insert instead "or de facto partner".
3.32 Criminal Assets Recovery Act 1990 No 23
[1] Section 4 Definitions
Omit the definition of de facto partner from section 4 (1).
[2] Section 12 Supreme Court may make further orders
Insert after section 12 (1):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
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Amendment of Acts and instruments relating to de facto partners Schedule 3
3.33 Criminal Procedure Act 1986 No 209
Section 279 Compellability of spouses to give evidence in certain
proceedings
Omit section 279 (1) (a). Insert instead:
(a) a reference to the spouse of an accused person includes a
reference to the de facto partner of an accused person, and
Note. "De facto partner" is defined in section 21C of the
Interpretation Act 1987.
3.34 Criminal Procedure Regulation 2005
[1] Clause 19A Forum sentencing program
Omit clause 19A (4) (b). Insert instead:
(b) is or has been a de facto partner of that other person, or
[2] Clause 19A (4)
Insert after the subclause:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.35 Crown Lands (General Reserves) By-law 2006
[1] Clause 4 Definitions
Omit paragraph (b) of the definition of spouse from clause 4 (1).
Insert instead:
(b) a de facto partner,
[2] Clause 4 (1), definition of "spouse"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.36 Drug and Alcohol Treatment Act 2007 No 7
[1] Section 5 Definitions
Omit "the other party to any de facto relationship (within the meaning of the
Property (Relationships) Act 1984) with the dependent person if the
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Schedule 3 Amendment of Acts and instruments relating to de facto partners
relationship between that party" from paragraph (c) (ia) of the definition of
primary carer in section 5 (1).
Insert instead "the de facto partner of the dependent person, if any, if the
relationship between that de facto partner".
[2] Section 5 (1), definition of "primary carer"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[3] Schedule 2 Dependency certificate
Omit "the other party to any de facto relationship (within the meaning of the
Property (Relationships) Act 1984) with the dependent person if the
relationship between that party" from paragraph (c) (ia) of the definition of
primary carer in note 3.
Insert instead "the de facto partner of the dependent person, if any, if the
relationship between that de facto partner".
3.37 Election Funding and Disclosures Act 1981 No 78
Section 96GB Meaning of "property developer"
Omit the definition of spouse from section 96GB (3). Insert instead:
spouse of a person includes a de facto partner of that person.
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.38 Environmental Planning and Assessment Act 1979 No 203
[1] Section 148 Disclosure and misuse of information
Omit "(whether of the same or the opposite sex)" from section 148 (4).
[2] Section 148
Insert after the section:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.39 First Home Owner Grant Act 2000 No 21
[1] Section 3 Definitions
Insert at the end of the section:
(2) Notes included in this Act do not form part of this Act.
Page 24
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
[2] Section 6 Spouses
Omit section 6 (1) (b). Insert instead:
(b) the person is the de facto partner of the other person.
[3] Section 6 (1)
Insert after the subsection:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.40 Greyhound Racing Act 2009 No 19
[1] Section 3 Definitions
Omit the definition of de facto partner from section 3 (1).
[2] Section 3 (4)
Insert after section 3 (3):
(4) Notes included in this Act do not form part of this Act.
[3] Section 19 Registration of bookmakers
Insert after the definition of close family member of a director in
section 19 (9):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.41 Growth Centres (Development Corporations) Act 1974 No 49
[1] Section 34 Disclosure of interest
Omit "the parties to a de facto relationship" from section 34 (4).
Insert instead "de facto partners who are living together".
[2] Section 34 (4)
Insert after the subsection:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[3] Section 34 (12)
Omit the subsection.
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Relationships Register Bill 2010
Schedule 3 Amendment of Acts and instruments relating to de facto partners
3.42 Guardianship Act 1987 No 257
[1] Section 3 Definitions
Omit paragraph (b) of the definition of spouse from section 3 (1).
Insert instead:
(b) a de facto partner,
[2] Section 3 (1), definition of "spouse"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.43 Harness Racing Act 2009 No 20
[1] Section 3 Definitions
Omit the definition of de facto partner from section 3 (1).
[2] Section 3 (4)
Insert after section 3 (3):
(4) Notes included in this Act do not form part of this Act.
[3] Section 19 Registration of bookmakers
Insert after the definition of close family member of a director in
section 19 (9):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.44 Health Insurance Levies Act 1982 No 159
[1] Section 4 Definitions
Insert after section 4 (2):
(3) Notes included in this Act do not form part of this Act.
[2] Section 16B Contributors
Omit "person with whom the person has a de facto relationship within the
meaning of the Property (Relationships) Act 1984" from the definition of
spouse in section 16B (4).
Insert instead "de facto partner of that person".
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Amendment of Acts and instruments relating to de facto partners Schedule 3
[3] Section 16B (4)
Insert after the subsection:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.45 Health Records and Information Privacy Act 2002 No 71
[1] Section 4 Definitions
Omit paragraph (b) of the definition of spouse from section 4 (1).
Insert instead:
(b) a de facto partner,
[2] Section 4 (1), definition of "spouse"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.46 Home Building Act 1989 No 147
[1] Section 3AA Meaning of "close associate" of applicant for, or holder of,
licence
Insert after section 3AA (2):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Section 3AA (4)
Omit the subsection.
3.47 Human Tissue Act 1983 No 164
[1] Section 4 Definitions
Omit paragraph (b) of the definition of spouse from section 4 (1).
Insert instead:
(b) a de facto partner,
[2] Section 4 (1), definition of "spouse"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
Page 27
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Schedule 3 Amendment of Acts and instruments relating to de facto partners
3.48 Independent Commission Against Corruption Regulation
2005
[1] Clause 3 Definitions
Omit paragraph (b) of the definition of spouse from clause 3 (1).
Insert instead:
(b) a de facto partner,
[2] Clause 3 (1), definition of "spouse"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.49 Industrial Relations Act 1996 No 17
[1] Section 5 Definition of employee
Insert after section 5 (4):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Section 72AB Definitions
Omit section 72AB (2) (b). Insert instead:
(b) the person's de facto partner, or
[3] Dictionary
Omit the definition of de facto partner.
3.50 Inebriates Act 1912 No 24
[1] Section 2 Definitions
Omit paragraph (b) of the definition of Spouse. Insert instead:
(b) a de facto partner,
[2] Section 2, definition of "Spouse"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
Page 28
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
[3] Section 2A
Insert after section 2:
2A Notes
Notes included in this Act do not form part of this Act.
3.51 Irrigation Areas (Reduction of Rents) Act 1974 No 83
[1] Section 3 Interpretation
Omit paragraph (b) of the definition of domestic partner from section 3 (1).
Insert instead:
(b) the de facto partner of the eligible pensioner.
[2] Section 3 (1), definition of "domestic partner"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.52 Judges' Pensions Act 1953 No 41
[1] Section 2 Definitions
Omit "within the meaning of the Property (Relationships) Act 1984" from the
definition of de facto partner in section 2 (1).
[2] Section 2 (1), definition of "de facto partner"
Insert after the definition:
Note. "De facto relationship" is defined in section 21C of the
Interpretation Act 1987.
3.53 Land Tax Management Act 1956 No 26
[1] Schedule 1AA Family unit trusts--special provisions
Omit "in a de facto relationship (within the meaning of the Property
(Relationships) Act 1984) with" from clause 2 (6) (a).
Insert instead "is the de facto partner of".
[2] Schedule 1AA, clause 2 (6) (a)
Insert after the paragraph:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
Page 29
Relationships Register Bill 2010
Schedule 3 Amendment of Acts and instruments relating to de facto partners
[3] Schedule 1A Principal place of residence exemption
Omit clause 12 (7) (b). Insert instead:
(b) the person is the de facto partner of the other person.
[4] Schedule 1A, clause 12 (8) (a)
Insert "or is in a registered relationship or an interstate registered relationship,
within the meaning of the Relationships Register Act 2010, with" after "legally
married to".
3.54 Landlord and Tenant Act 1899 No 18
[1] Section 1C
Insert after section 1B:
1C Notes
Notes included in this Act do not form part of this Act.
[2] Section 2B Spouse's tenancy rights on separation or desertion
Omit "within the meaning of the Property (Relationships) Act 1984" from the
definition of spouse in section 2B (2).
[3] Section 2B (2)
Insert after the subsection:
Note. "De facto relationship" is defined in section 21C of the
Interpretation Act 1987.
[4] Section 25 Mode of service of summons
Omit "within the meaning of the Property (Relationships) Act 1984" from the
definition of spouse in section 25 (3).
3.55 Landlord and Tenant (Amendment) Act 1948 No 25
[1] Section 8 Definitions
Omit "within the meaning of the Property (Relationships) Act 1984" from the
definition of spouse in section 8 (1).
[2] Section 8 (1), definition of "spouse"
Insert after the definition:
Note. "De facto relationship" is defined in section 21C of the
Interpretation Act 1987.
Page 30
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
[3] Section 8 (5)
Insert after section 8 (4):
(5) Notes included in this Act do not form part of this Act.
3.56 Law Reform (Miscellaneous Provisions) Act 1946 No 33
Section 5 Proceedings against and contribution between joint and
several tort-feasors
Omit section 5 (3) (c). Insert instead:
(c) the expression spouse of a person includes the de facto
partner of a person at the time of his or her death.
Note. "De facto partner" is defined in section 21C of the
Interpretation Act 1987.
3.57 Legal Aid Commission Act 1979 No 78
[1] Section 4 Definitions
Omit ", within the meaning of the Property (Relationships) Act 1984," from
the definition of de facto partner in section 4 (1).
[2] Section 4 (1), definition of "de facto partner"
Insert after the definition:
Note. "De facto relationship" is defined in section 21C of the
Interpretation Act 1987.
3.58 Legal Profession Act 2004 No 112
[1] Section 477 Definitions
Omit "being a person who has a de facto relationship (within the meaning of
the Property (Relationships) Act 1984) with the solicitor or other person,"
from section 477 (3) (b).
[2] Section 477 (3)
Insert after the subsection:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.59 Liquor Act 2007 No 90
[1] Section 4 Definitions
Omit the definition of de facto partner from section 4 (1).
Page 31
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Schedule 3 Amendment of Acts and instruments relating to de facto partners
[2] Section 62 Carrying on licensee's business after death etc of licensee
Insert after section 62 (2):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.60 Local Government Act 1993 No 30
[1] Section 443 Who has a pecuniary interest?
Insert after section 443 (1):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Dictionary
Omit the definition of de facto partner.
3.61 Local Government and Other Authorities (Superannuation)
Act 1927 No 35
[1] Section 15BO Pension payable to widow, widower or de facto partner of
deceased pensioner
Insert after section 15BO (1):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Section 15BO (5)
Omit the definition of de facto partner.
3.62 Lord Howe Island Regulation 2004
[1] Clause 66 Reduction of annual rent for eligible pensioners
Omit "person with whom the eligible pensioner is in a de facto relationship,
within the meaning of the Property (Relationships) Act 1984" from the
definition of spouse in clause 66 (4).
Insert instead "de facto partner of the eligible pensioner".
[2] Clause 66 (4), definition of "spouse"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
Page 32
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
3.63 Lotteries and Art Unions Regulation 2007
[1] Clause 96 Certain persons not to be involved in mini-numbers lottery
Insert after clause 96 (1):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Clause 96 (2)
Omit the subclause.
3.64 Macquarie University Act 1989 No 126
[1] Schedule 2A Duties of Council members
Omit the definition of de facto partner from clause 5 (10).
[2] Schedule 2A, clause 5 (10)
Insert after the subclause:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.65 Mental Health Act 2007 No 8
[1] Section 4 Definitions
Omit paragraph (b) of the definition of spouse from section 4 (1).
Insert instead:
(b) a de facto partner,
[2] Section 4 (1), definition of "spouse"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.66 Motor Accidents Act 1988 No 102
[1] Section 3 Definitions
Omit paragraph (b) of the definition of spouse from section 3 (1).
Insert instead:
(b) a de facto partner,
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Schedule 3 Amendment of Acts and instruments relating to de facto partners
[2] Section 3 (1), definition of "spouse"
Insert after the definition:
Note."De facto partner" is defined in section 21C of the Interpretation Act
1987.
3.67 Motor Accidents Compensation Act 1999 No 41
[1] Section 3 Definitions
Omit paragraph (b) of the definition of spouse. Insert instead:
(b) a de facto partner,
[2] Section 3, definition of "spouse"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.68 Motor Vehicles Taxation Act 1988 No 111
[1] Section 16 Vehicles totally exempt from tax
Omit "in a de facto relationship with" from section 16 (2) (b) (ii).
Insert instead "are de facto partners of".
[2] Section 16 (2)
Insert after the subsection:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[3] Section 16 (4)
Omit the subsection.
3.69 New South Wales Retirement Benefits Act 1972 No 70
[1] Section 27A Pension to be paid to eligible surviving spouse or de facto
partner
Insert after section 27A (1):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
Page 34
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
[2] Section 27A (2)
Omit "in a de facto relationship" wherever occurring.
Insert instead "de facto partners".
[3] Section 27A (4)
Omit the definition of de facto partner.
3.70 NSW Trustee and Guardian Act 2009 No 49
[1] Section 3 Definitions
Omit "within the meaning of the Property (Relationships) Act 1984" from
paragraph (b) of the definition of spouse in section 3 (1).
[2] Section 3 (1), definition of "spouse"
Insert after the definition:
Note. "De facto relationship" is defined in section 21C of the
Interpretation Act 1987.
[3] Section 54 Declaration and order where person missing
Insert "or de facto partner" after "spouse" in section 54 (3) (a).
[4] Section 54 (3)
Insert after the subsection:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.71 Parliamentary Contributory Superannuation Act 1971 No 53
[1] Section 3 Definitions
Omit the definition of de facto partner from section 3 (1).
[2] Section 19A Variation of certain annual pensions
Insert after section 19A (2):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
Page 35
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Schedule 3 Amendment of Acts and instruments relating to de facto partners
3.72 Parliamentary Contributory Superannuation Regulation
2008
[1] Clause 7 Evidence of age, marriage or entitlement
Omit clause 7 (1) (c). Insert instead:
(c) if the person is in a registered relationship or an interstate
registered relationship, within the meaning of the
Relationships Register Act 2010, or in a de facto
relationship, his or her relationship.
Note."De facto relationship" is defined in section 21C of the
Interpretation Act 1987.
[2] Clause 7 (2) (b)
Omit the paragraph. Insert instead:
(b) his or her registered relationship, interstate registered
relationship or de facto relationship with the member or
former member.
3.73 Pawnbrokers and Second-hand Dealers Regulation 2008
[1] Clause 11 Special provisions relating to keeping of records by certain
licensees
Omit "the other party to a de facto relationship within the meaning of the
Property (Relationships) Act 1984" from clause 11 (9).
Insert instead "a de facto partner".
[2] Clause 11 (9)
Insert after the subclause:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.74 Police Act 1990 No 47
[1] Section 216AA Special risk benefit where student of policing hurt while
undergoing police education
Omit the definition of spouse from section 216AA (6). Insert instead:
spouse of a student of policing includes a de facto partner of the
student at the time of his or her death.
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Amendment of Acts and instruments relating to de facto partners Schedule 3
[2] Section 216AA (6)
Insert after the subsection:
Note."De facto partner" is defined in section 21C of the Interpretation Act
1987.
3.75 Police Association Employees (Superannuation) Act 1969
No 33
[1] Section 2 Definitions
Omit the definition of de facto partner from section 2 (1).
[2] Section 3 Employees of Association transferring from employment as
police officers
Insert after section 3 (9):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[3] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
Relationships Register Act 2010
[4] Schedule 1, Part 4
Insert after Part 3:
Part 4 Relationships Register Act 2010
6 De facto partner entitlements
(1) The amendment to section 2 (1) made by the Relationships
Register Act 2010 applies only to or in respect of prescribed
persons who die on or after the commencement of that
amendment.
(2) The definition of de facto partner, as in force immediately before
that commencement, applies to or in respect of prescribed
persons who die before that commencement.
3.76 Police Regulation 2008
[1] Clause 100 Payment where member of the NSW Police Force has died
Omit "in a de facto relationship (within the meaning of the Property
(Relationships) Act 1984) with" from clause 100 (7).
Insert instead "the de facto partner of".
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Schedule 3 Amendment of Acts and instruments relating to de facto partners
[2] Clause 100 (7)
Insert after the subclause:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[3] Clause 105 Termination of services
Omit "in a de facto relationship (within the meaning of the Property
(Relationships) Act 1984) with" from clause 105 (7).
Insert instead "the de facto partner of".
[4] Clause 111 Miscellaneous
Omit "in a de facto relationship (within the meaning of the Property
(Relationships) Act 1984) with" from clause 111 (10).
Insert instead "the de facto partner of".
3.77 Police Regulation (Superannuation) Act 1906 No 28
[1] Section 1 Name of Act, commencement and definitions
Omit the definition of de facto partner from section 1 (2).
[2] Section 7A Amount of certain pensions
Insert after the definition of prescribed superannuation allowance in
section 7A (1):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[3] Schedule 6 Savings and transitional provisions
Insert at the end of clause 1 (1):
Relationships Register Act 2010
[4] Schedule 6, Part 11
Insert after Part 10:
Part 11 Relationships Register Act 2010
31 De facto partner entitlements
(1) The amendment to section 1 (2) made by the Relationships
Register Act 2010 applies only to or in respect of members or
former members who die on or after the commencement of that
amendment.
Page 38
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
(2) The definition of de facto partner, as in force immediately before
that commencement, applies to or in respect of members or
former members who die before that commencement.
3.78 Powers of Attorney Act 2003 No 53
Schedule 3 Prescribed expressions and authorisations for prescribed
powers of attorney
Insert "a registered relationship or interstate registered relationship, within the
meaning of the Relationships Register Act 2010, or" before "a domestic
relationship" in paragraph (b) of the definition of relative of a principal in
clause 1 (3).
3.79 Pre-Trial Diversion of Offenders Act 1985 No 153
[1] Section 2A Purpose of Act
Insert after the section:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Section 3 Definitions
Omit the definition of de facto partner from section 3 (1).
[3] Section 3 (3)
Insert after section 3 (2):
(3) Notes included in this Act do not form part of this Act.
3.80 Privacy Code of Practice (General) 2003
[1] Clause 17 Interpretation
Omit paragraph (b) of the definition of spouse from clause 17 (1).
Insert instead:
(b) a de facto partner,
[2] Clause 17 (1), definition of "spouse"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
Page 39
Relationships Register Bill 2010
Schedule 3 Amendment of Acts and instruments relating to de facto partners
3.81 Private Health Facilities Regulation 2010
[1] Clause 18 Definitions
Omit the definition of de facto partner from clause 18 (1).
[2] Clause 18 (1), definition of "relative of a practitioner"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.82 Probate and Administration Act 1898 No 13
[1] Section 32G Interpretation
Omit the definition of de facto relationship from section 32G (1).
[2] Section 32G (1), definition of "de facto spouse"
Insert after the definition:
Note. "De facto relationship" is defined in section 21C of the
Interpretation Act 1987.
3.83 Property, Stock and Business Agents Act 2002 No 66
[1] Section 3 Definitions
Omit the definition of de facto partner from section 3 (1).
[2] Section 49 Restrictions on licensee obtaining beneficial interest in
property
Insert after the definition of close relative in section 49 (6):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.84 Protection of the Environment Administration Regulation
2007
[1] Clause 3 Definitions
Omit "heterosexual or homosexual domestic" from paragraph (b) of the
definition of relative in clause 3 (1).
[2] Clause 3 (1), definition of "relative"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
Page 40
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
3.85 Public Authorities Superannuation Act 1985 No 41
[1] Schedule 6 Transitional provisions--Local Government Pension Fund
Omit the definition of de facto partner from clause 1 (1).
[2] Schedule 6, clause 8 (4)
Insert after the subclause:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[3] Schedule 7 Transitional provisions--New South Wales Retirement Fund
Omit the definition of de facto partner from clause 1 (1).
[4] Schedule 7, clause 8 (5)
Insert after the subclause:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.86 Public Authorities Superannuation (Transport Retirement
Fund Closure) (Savings and Transitional) Regulation 1986
[1] Clause 11 Choice of benefit--transferred contributor
Insert after clause 11 (5):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Clause 11 (6)
Omit the subclause.
3.87 Public Health (Disposal of Bodies) Regulation 2002
[1] Clause 3 Definitions
Omit "of the dead person, a person with whom the dead person had a de facto
relationship (within the meaning of the Property (Relationships) Act 1984)"
from paragraph (b) of the definition of nearest surviving relative in
clause 3 (1).
Insert instead "or de facto partner of the dead person".
[2] Clause 3 (1), definition of "nearest surviving relative"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
Page 41
Relationships Register Bill 2010
Schedule 3 Amendment of Acts and instruments relating to de facto partners
3.88 Public Sector Employment and Management Act 2002 No 43
Schedule 3 Extended leave entitlements for officers and temporary
employees in the Public Service
Omit clause 5 (6). Insert instead:
(6) In this clause, spouse of an officer or temporary employee
includes a de facto partner of the officer or temporary employee
at the time of his or her death.
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.89 Registered Clubs Act 1976 No 31
[1] Section 4 Definitions
Omit the definition of de facto partner from section 4 (1).
[2] Section 41B Definitions
Omit paragraph (b) of the definition of close relative from section 41B (1).
Insert instead:
(b) a spouse or de facto partner of the person or of a person
referred to in paragraph (a).
Note. "De facto partner" is defined in section 21C of the
Interpretation Act 1987.
3.90 Residential Tenancies Regulation 2006
[1] Clause 23 Home Purchase Assistance Authority
Omit "within the meaning of the Property (Relationships) Act 1984" from the
definition of spouse in clause 23 (2).
[2] Clause 23 (2), definition of "spouse"
Insert after the definition:
Note. "De facto relationship" is defined in section 21C of the
Interpretation Act 1987.
Page 42
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
3.91 Retirement Villages Act 1999 No 81
[1] Section 4 Definitions
Omit paragraph (a) (i) of the definition of close associate from section 4 (1).
Insert instead:
(i) the spouse, de facto partner, parent, child or sibling
of the operator, or
[2] Section 4 (1), definition of "close associate"
Omit paragraph (a) (iii) of the definition. Insert instead:
(iii) a body corporate of which the operator (or the
operator's spouse, de facto partner, parent, child or
sibling, or the operator's parent, child or sibling by
marriage) is a director or secretary, and
[3] Section 4 (1), definition of "close associate"
Omit paragraph (b) (ii) of the definition. Insert instead:
(ii) the spouse, de facto partner, parent, child or sibling
(or the parent, child or sibling by marriage) of such
a director or secretary, or
[4] Section 4 (1), definition of "close associate"
Insert after the definition:
Note."De facto partner" is defined in section 21C of the Interpretation Act
1987.
3.92 Retirement Villages Regulation 2009
[1] Clause 8 Resident
Omit "of another resident or is the other party to a de facto relationship with
another resident" from clause 8 (1) (a).
Insert instead "or the de facto partner of another resident".
[2] Clause 8 (1)
Insert after the subclause:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
Page 43
Relationships Register Bill 2010
Schedule 3 Amendment of Acts and instruments relating to de facto partners
3.93 Road Transport (General) Act 2005 No 11
[1] Section 23 Associates
Insert after section 23 (1):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Section 23 (2)
Omit the definition of de facto partner.
3.94 Road Transport (Vehicle Registration) Regulation 2007
[1] Clause 76E Exemption for eligible pensioners
Omit "in a de facto relationship with each other" from clause 76E (3).
Insert instead "are de facto partners".
[2] Clause 76E (3)
Insert after the subsection:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[3] Clause 76E (4)
Omit the subclause.
[4] Clause 80 Exemption for eligible pensioners
Omit "in a de facto relationship with each other" from clause 80 (3).
Insert instead "are de facto partners".
[5] Clause 80 (4)
Omit the definition of de facto relationship.
3.95 Rural Lands Protection Act 1998 No 143
[1] Schedule 1 Constitution and procedure of State Council and boards of
authorities
Insert after clause 3 (2):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Dictionary
Omit the definition of de facto partner.
Page 44
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
3.96 Security Industry Regulation 2007
[1] Clause 14 Application for class 1, class 2 or provisional licences--
written references: section 14 (3) (b)
Omit paragraph (b) of the definition of spouse or partner from clause 14 (4).
Insert instead:
(b) a de facto partner,
[2] Clause 14 (4), definition of "spouse or partner"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.97 Southern Cross University Act 1993 No 69
[1] Schedule 2A Duties of Council members
Omit the definition of de facto partner from clause 5 (10).
[2] Schedule 2A, clause 5 (10)
Insert after the subclause:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.98 Sporting Injuries Insurance Act 1978 No 141
[1] Section 3
Insert after section 2:
3 Notes
Notes included in this Act do not form part of this Act.
[2] Section 26 Payment of benefits for death
Omit the definition of spouse from section 26 (1). Insert instead:
spouse of a deceased person includes a de facto partner of the
deceased person at the time of his or her death.
[3] Section 26 (1), definition of "spouse"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
Page 45
Relationships Register Bill 2010
Schedule 3 Amendment of Acts and instruments relating to de facto partners
3.99 State Authorities Non-contributory Superannuation Act
1987 No 212
[1] Section 3 Definitions
Omit the definition of de facto partner from section 3 (1).
[2] Section 23 When benefits are payable
Insert after section 23 (3):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[3] Schedule 5 Savings and transitional provisions
Insert at the end of clause 1 (1):
Relationships Register Act 2010
[4] Schedule 5, Part 7
Insert after Part 6:
Part 7 Relationships Register Act 2010
8 De facto partner entitlements
(1) The amendment to section 3 (1) made by the Relationships
Register Act 2010 applies only to or in respect of employees or
former employees who die on or after the commencement of that
amendment.
(2) The definition of de facto partner, as in force immediately before
that commencement, applies to or in respect of employees or
former employees who die before that commencement.
3.100 State Authorities Superannuation Act 1987 No 211
[1] Section 3 Definitions
Omit the definition of de facto partner from section 3 (1).
[2] Section 37 Benefit at or after early retirement or on death at or after early
retirement age
Insert after section 37 (1):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
Page 46
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
[3] Schedule 6 Savings and transitional provisions
Insert at the end of clause 1 (1):
Relationships Register Act 2010
[4] Schedule 6, Part 8
Insert after Part 7:
Part 8 Relationships Register Act 2010
11 De facto partner entitlements
(1) The amendment to section 3 (1) made by the Relationships
Register Act 2010 applies only to or in respect of contributors or
former contributors who die on or after the commencement of
that amendment.
(2) The definition of de facto partner, as in force immediately before
that commencement, applies to or in respect of contributors or
former contributors who die before that commencement.
3.101 State Authorities Superannuation (Ex-Snowy Mountains
Hydro-Electric Authority Superannuation Fund Transfer)
Regulation 2003
[1] Clause 3 Definitions
Omit the definition of de facto partner.
[2] Clause 6 Transfer of assets, rights and liabilities of Ex-Snowy Mountains
Hydro-Electric Authority Superannuation Fund
Insert after clause 6 (1):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.102 State Authorities Superannuation (Government Railways
Superannuation Scheme Transfer) (Savings and
Transitional) Regulation 1990
Clause 3 Definitions
Insert after the definition of spouse pension:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
Page 47
Relationships Register Bill 2010
Schedule 3 Amendment of Acts and instruments relating to de facto partners
3.103 State Owned Corporations Act 1989 No 134
[1] Schedule 10 Duties and liabilities of directors and other officers
Insert after clause 4 (1):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Schedule 10, clause 4 (4)
Omit the definition of de facto partner.
3.104 Status of Children Act 1996 No 76
[1] Section 14 Presumptions of parentage arising out of use of fertilisation
procedures
Omit "in a de facto relationship with" from section 14 (1A).
Insert instead "the de facto partner of".
[2] Section 14 (1A)
Insert after the subsection:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[3] Section 14 (6)
Omit "in a de facto relationship with" wherever occurring.
Insert instead "the de facto partner of".
[4] Section 14 (7)
Omit the subsection.
3.105 Succession Act 2006 No 80
[1] Section 3 Definitions
Omit the definition of de facto relationship from section 3 (1).
[2] Section 54 Persons entitled to inspect will of deceased person
Insert after section 54 (2):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
Page 48
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
[3] Section 57 Eligible persons
Insert after the section:
Note."De facto relationship" is defined in section 21C of the
Interpretation Act 1987.
[4] Section 57 (c)
Omit the paragraph. Insert instead:
(c) a child of the deceased person,
[5] Section 57 (2)
Insert at the end of section 57:
(2) In this section, a reference to a child of a deceased person
includes, if the deceased person was in a de facto relationship, or
a domestic relationship within the meaning of the Property
(Relationships) Act 1984, at the time of death, a reference to the
following:
(a) a child born as a result of sexual relations between the
parties to the relationship,
(b) a child adopted by both parties,
(c) in the case of a de facto relationship between a man and a
woman, a child of the woman of whom the man is the
father or of whom the man is presumed, by virtue of the
Status of Children Act 1996, to be the father (except where
the presumption is rebutted),
(d) in the case of a de facto relationship between 2 women, a
child of whom both of those women are presumed to be
parents by virtue of the Status of Children Act 1996,
(e) a child for whose long-term welfare both parties have
parental responsibility (within the meaning of the Children
and Young Persons (Care and Protection) Act 1998).
[6] Section 105
Omit the section. Insert instead:
105 Domestic partnership
A domestic partnership is a relationship between the intestate and
another person that is a registered relationship, or interstate
registered relationship, within the meaning of the Relationships
Register Act 2010, or a de facto relationship that:
(a) has been in existence for a continuous period of 2 years, or
(b) has resulted in the birth of a child.
Page 49
Relationships Register Bill 2010
Schedule 3 Amendment of Acts and instruments relating to de facto partners
3.106 Superannuation Act 1916 No 28
[1] Section 3 Definitions
Insert after the definition of Abandoned unit in section 3 (1):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Section 3 (1)
Omit the definition of De facto partner.
[3] Section 3 (1)
Omit the definition of De facto relationship.
[4] Section 33 Children's pensions at sec 61N rates
Omit "in a de facto relationship" from section 33 (1B) (c).
Insert instead "in a registered relationship or interstate registered relationship,
within the meaning of the Relationships Register Act 2010, or a de facto
relationship,".
[5] Section 33 (1B)
Insert after the subsection:
Note. "De facto relationship" is defined in section 21C of the
Interpretation Act 1987.
[6] Section 33 (1C) (a)
Omit "de facto" where thirdly occurring.
[7] Section 33 (1C) (b)
Omit "de facto" where secondly occurring.
[8] Section 52G Children's pensions
Omit "in a de facto relationship" from section 52G (3) (c).
Insert instead "in a registered relationship or interstate registered relationship,
within the meaning of the Relationships Register Act 2010, or a de facto
relationship,".
[9] Section 52G (3A) (a)
Omit "de facto" where thirdly occurring.
[10] Section 52G (3A) (b)
Omit "de facto" where secondly occurring.
Page 50
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
[11] Schedule 25 Savings and transitional provisions
Insert at the end of clause 1 (1):
Relationships Register Act 2010
[12] Schedule 25, Part 12
Insert after Part 11:
Part 12 Relationships Register Act 2010
43 De facto partner entitlements
(1) The amendments to section 3 (1) made by the Relationships
Register Act 2010 apply only to or in respect of contributors or
former contributors who die on or after the commencement of
those amendments.
(2) The definitions of de facto partner and de facto relationship, as
in force immediately before that commencement, apply to or in
respect of contributors or former contributors who die before that
commencement.
3.107 Superannuation Administration Act 1996 No 39
[1] Section 127 Additional State public sector superannuation schemes
Insert after section 127 (1):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Section 127 (8)
Omit the definition of de facto partner.
3.108 Supreme Court Act 1970 No 52
[1] Section 114 Superannuation Act 1916
Insert after section 114 (2):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Section 114 (4)
Omit the subsection.
Page 51
Relationships Register Bill 2010
Schedule 3 Amendment of Acts and instruments relating to de facto partners
3.109 Sydney Cricket and Sports Ground Act 1978 No 72
[1] Schedule 1 Provisions relating to constitution and procedure of the
Trust
Omit "who are living together, or the parties to a de facto relationship (within
the meaning of the Property (Relationships) Act 1984)" from clause 13 (8).
Insert instead "or de facto partners".
[2] Schedule 1, clause 13 (8)
Insert after the subclause:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[3] Schedule 1, clause 13 (16)
Omit the subclause.
3.110 Sydney Cricket Ground and Sydney Football Stadium
By-law 2009
[1] Clause 3 Definitions
Insert after the definition of close relative in clause 3 (1):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Clause 3 (1)
Omit the definition of de facto partner.
3.111 Sydney 2009 World Masters Games Organising Committee
Act 2005 No 65
[1] Section 36 Disclosure and misuse of information
Insert after section 36 (2):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Section 36 (3)
Omit the definition of de facto partner.
Page 52
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
3.112 Teaching Service Act 1980 No 23
Section 81 Payment of money value of leave not taken or completed
Omit section 81 (7). Insert instead:
(7) In this section, spouse of an officer includes a de facto partner of
the officer at the time of his or her death.
Note."De facto partner" is defined in section 21C of the Interpretation Act
1987.
3.113 Terrorism (Police Powers) Act 2002 No 115
[1] Section 26ZE Contacting family members etc
Omit ", de facto spouse or same-sex partner" from paragraph (a) of the
definition of family member in section 26ZE (3).
Insert instead "or de facto partner".
[2] Section 26ZE (3), definition of "family member"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.114 Thoroughbred Racing Act 1996 No 37
[1] Section 14A Licensing of bookmakers
Insert after the definition of close family member of a director in
section 14A (9):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Section 14A (9)
Omit the definition of de facto partner.
3.115 Transport Administration Act 1988 No 109
Schedule 5 Extended leave for certain staff
Omit clause 5 (7). Insert instead:
(7) In this clause, spouse of an officer includes a de facto partner of
the officer at the time of his or her death.
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
Page 53
Relationships Register Bill 2010
Schedule 3 Amendment of Acts and instruments relating to de facto partners
3.116 Trustee Act 1925 No 14
[1] Section 45 Protective trusts
Omit the definition of child from section 45 (11).
[2] Section 45 (11), definition of "spouse"
Omit "within the meaning of the Property (Relationships) Act 1984," from
paragraph (b) of the definition.
[3] Section 45 (11), definition of "spouse"
Insert after the definition:
Note. "De facto relationship" is defined in section 21C of the
Interpretation Act 1987.
[4] Section 45 (11A)
Insert after section 45 (11):
(11A) In this section, a reference to a child of a person includes, if the
person is in a de facto relationship, or a domestic relationship
within the meaning of the Property (Relationships) Act 1984, a
reference to the following:
(a) a child born as a result of sexual relations between the
parties to the relationship,
(b) a child adopted by both parties,
(c) in the case of a de facto relationship between a man and a
woman, a child of the woman of whom the man is the
father or of whom the man is presumed, by virtue of the
Status of Children Act 1996, to be the father (except where
the presumption is rebutted),
(d) in the case of a de facto relationship between 2 women, a
child of whom both of those women are presumed to be
parents by virtue of the Status of Children Act 1996,
(e) a child for whose long-term welfare both parties have
parental responsibility (within the meaning of the Children
and Young Persons (Care and Protection) Act 1998).
3.117 University of New England Act 1993 No 68
[1] Schedule 2A Duties of Council members
Insert after the definition of associate in clause 5 (10):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
Page 54
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
[2] Schedule 2A, clause 5 (10)
Omit the definition of de facto partner.
3.118 University of New South Wales Act 1989 No 125
[1] Schedule 2A Duties of Council members
Insert after the definition of associate in clause 5 (10):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Schedule 2A, clause 5 (10)
Omit the definition of de facto partner.
3.119 University of Newcastle Act 1989 No 68
[1] Schedule 2A Duties of Council members
Insert after the definition of associate in clause 5 (10):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Schedule 2A, clause 5 (10)
Omit the definition of de facto partner.
3.120 University of Sydney Act 1989 No 124
[1] Schedule 2A Duties of Fellows
Insert after the definition of associate in clause 5 (10):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Schedule 2A, clause 5 (10)
Omit the definition of de facto partner.
3.121 University of Technology, Sydney, Act 1989 No 69
[1] Schedule 2A Duties of Council members
Insert after the definition of associate in clause 5 (10):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Schedule 2A, clause 5 (10)
Omit the definition of de facto partner.
Page 55
Relationships Register Bill 2010
Schedule 3 Amendment of Acts and instruments relating to de facto partners
3.122 University of Western Sydney Act 1997 No 116
[1] Schedule 2A Duties of Board members
Insert after the definition of associate in clause 5 (10):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Schedule 2A, clause 5 (10)
Omit the definition of de facto partner.
3.123 University of Wollongong Act 1989 No 127
[1] Schedule 2A Duties of Council members
Insert after the definition of associate in clause 5 (10):
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[2] Schedule 2A, clause 5 (10)
Omit the definition of de facto partner.
3.124 Victims Support and Rehabilitation Act 1996 No 115
[1] Section 9 Who is a family victim?
Omit "spouse, or partner of the same sex," from section 9 (3) (b).
Insert instead "partner".
[2] Section 9 (3)
Insert after the subsection:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[3] Schedule 1 Compensable injuries
Omit paragraph (b) of the definition of domestic violence offence in
clause 7A (3).
Insert instead:
(b) a person who is or has been a de facto partner of the person
who committed the offence,
Page 56
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
[4] Dictionary
Omit paragraph (g) (ii) of the definition of sexual assault and domestic
violence.
Insert instead:
(ii) a person who is or has been a de facto partner of the person
who committed the offence,
3.125 Water Industry Competition Act 2006 No 104
[1] Dictionary
Omit the definition of de facto partner.
[2] Dictionary, definition of "related person"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
3.126 Workers Compensation Act 1987 No 70
[1] Section 37 Weekly payment during total incapacity--after first 26 weeks
Omit paragraph (a) (ii) of the definition of de facto spouse or other family
member in section 37 (7).
Insert instead:
(ii) an injury received after that commencement--is the
de facto partner of the worker, or
[2] Section 37 (7), definition of "de facto spouse or other family member"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
[3] Section 85 Payments to NSW Trustee for benefit of beneficiary
Omit "the other party to a de facto relationship with" from section 85 (4).
Insert instead "the de facto partner of".
Page 57
Relationships Register Bill 2010
Schedule 3 Amendment of Acts and instruments relating to de facto partners
3.127 Workers' Compensation (Dust Diseases) Act 1942 No 14
[1] Section 3 Definitions
Omit the definition of De facto relationship from section 3 (1).
[2] Section 3 (1), definition of "Spouse"
Omit paragraph (b) (ii). Insert instead:
(ii) the de facto partner of the person.
[3] Section 3 (1), definition of "Spouse"
Insert after the definition:
Note."De facto partner" is defined in section 21C of the Interpretation Act
1987.
[4] Section 3 (2) and (3)
Omit the subsections.
3.128 Workplace Injury Management and Workers
Compensation Act 1998 No 86
[1] Section 4 Definitions
Omit the definition of de facto relationship from section 4 (1).
[2] Section 4 (1), definition of "dependants"
Omit paragraph (c) (ii). Insert instead:
(ii) in relation to an injury received after that
commencement--is the de facto partner of the
worker.
[3] Section 4 (1), definition of "dependants"
Insert after the definition:
Note. "De facto partner" is defined in section 21C of the Interpretation
Act 1987.
Page 58
Relationships Register Bill 2010
Amendment of Acts and instruments relating to de facto partners Schedule 3
[4] Section 4 (1), definition of "spouse"
Omit paragraph (b) (ii). Insert instead:
(ii) a de facto partner of the person.
[5] Section 4 (4)
Omit the subsection.
Page 59
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