RELATIONSHIPS AMENDMENT (CARING RELATIONSHIPS) BILL 2008
PARLIAMENT OF VICTORIA Relationships Amendment (Caring Relationships) Bill 2008 TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1 Purpose 1 2 Commencement 2 3 Principal Act 2 PART 2--AMENDMENTS TO PRINCIPAL ACT 3 4 Purpose of Principal Act 3 5 Definitions 3 6 Heading to Chapter 2 4 7 Purpose of Chapter 2 4 8 Chapter 2 definitions 4 9 Application to register a registrable relationship 5 10 Requirements of application for registration 5 11 Registration 6 12 Additional services in relation to information in Register and other information 6 13 Registrar to provide certain information to Minister 6 14 Purpose of Chapter 3 7 34 Purpose 7 15 Part 3.2 definitions 7 16 New section 35A inserted 8 35A Relationship agreements 8 17 Varying or setting aside agreements 9 18 Effect of death of partner 9 19 Part 3.3 definitions 10 20 Declaration of interests in property 10 21 Application for adjustment or maintenance 10 22 Eligibility for orders--unregistered relationships 10 23 Time limit for making applications 11 24 Duty of court to end financial relationships 11 25 Order for adjustment 11 26 Adjournment of application--likelihood of significant change in circumstances 12 561282B.I-11/11/2008 i BILL LA INTRODUCTION 11/11/2008
Clause Page 27 Deferment of order 12 28 Order for maintenance 12 29 Interim maintenance 13 30 Section 53 substituted 13 53 Subsequent relationship or marriage 13 31 Cessation of order 13 32 Variation of order for periodic maintenance 14 33 Effect of relationship agreements 14 34 Regulations 14 35 New section 74A inserted 14 74A Further transitional provision 14 36 Interim fees 15 PART 3--GENERAL 16 37 Consequential amendments 16 38 Repeal of amending Act 16 __________________ SCHEDULE 1--Consequential Amendments to Other Acts 17 1 Accident Compensation Act 1985 17 2 Administration and Probate Act 1958 17 3 Attorney-General and Solicitor-General Act 1972 18 4 Children, Youth and Families 2005 19 5 Congestion Levy Act 2005 19 6 Conservation, Forests and Lands Act 1987 20 7 Constitution Act 1975 20 8 County Court Act 1958 21 9 Crimes Act 1958 21 10 Duties Act 2000 21 11 Education and Training Reform Act 2006 22 12 Emergency Services Superannuation Act 1986 22 13 Equal Opportunity Act 1995 22 14 First Home Owner Grant Act 2000 22 15 Land Act 1958 23 16 Land Tax Act 2005 23 17 Magistrates' Court Act 1989 23 18 Parliamentary Salaries and Superannuation Act 1968 25 19 Payroll Tax Act 2007 25 20 Perpetuities and Accumulations Act 1968 26 21 Public Prosecutions Act 1994 26 22 State Employees Retirement Benefits Act 1979 27 23 State Superannuation Act 1988 28 24 Superannuation (Portability) Act 1989 28 25 Supreme Court Act 1986 28 26 Transport Accident Act 1986 30 561282B.I-11/11/2008 ii BILL LA INTRODUCTION 11/11/2008
Clause Page 27 Transport Superannuation Act 1988 30 28 Victorian Workers' Wages Protection Act 2007 30 29 Water Act 1989 31 30 Wrongs Act 1958 31 ENDNOTES 32 561282B.I-11/11/2008 iii BILL LA INTRODUCTION 11/11/2008
PARLIAMENT OF VICTORIA Introduced in the Assembly Relationships Amendment (Caring Relationships) Bill 2008 A Bill for an Act to amend the Relationships Act 2008 to provide for the registration of caring relationships in Victoria, to provide for the adjustment of property interests between caring partners who are in, or have been in, a registered caring relationship, to provide for the rights to maintenance of caring partners who are in, or have been in, a registered caring relationship, to make consequential amendments to certain other Acts and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purpose The purpose of this Act is to-- (a) amend the Relationships Act 2008 to-- 5 (i) to provide for the registration of caring relationships in Victoria; 561282B.I-11/11/2008 1 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Part 1--Preliminary s. 2 (ii) to provide for the adjustment of property interests between caring partners who are in, or have been in, a registered caring relationship; 5 (iii) to provide for the rights to maintenance of caring partners who are in, or have been in, a registered caring relationship; (b) make consequential amendments to certain other Acts. 10 2 Commencement (1) Subject to subsection (2), this Act (including the items in Schedule 1) comes into operation on a day or days to be proclaimed. (2) If a provision of this Act (including an item or 15 provision of an item in Schedule 1) does not come into operation before 1 December 2009, it comes into operation on that day. 3 Principal Act See: In this Act, the Relationships Act 2008 is called Act No. 20 12/2008. the Principal Act. Statute Book www. legislation. vic.gov.au __________________ 561282B.I-11/11/2008 2 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Part 2--Amendments to Principal Act s. 4 PART 2--AMENDMENTS TO PRINCIPAL ACT 4 Purpose of Principal Act In section 1 of the Principal Act-- (a) in paragraph (a) after "domestic 5 relationships" insert "and caring relationships"; (b) after paragraph (c) insert-- "(ca) to provide for adjustment of property interests between caring partners who 10 are in, or have been in, a registered caring relationship and the rights to maintenance of caring partners who are in, or have been in, a registered caring relationship;". 15 5 Definitions In section 3 of the Principal Act-- (a) insert the following definitions-- "registered caring relationship means a relationship between two persons that is 20 registered under section 10(3)(ab); registered domestic relationship means a relationship between two persons that is registered under section 10(3)(a);"; (b) for the definition of registered relationship 25 substitute-- "registered relationship means-- (a) a registered domestic relationship; or (b) a registered caring relationship;". 561282B.I-11/11/2008 3 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Part 2--Amendments to Principal Act s. 6 6 Heading to Chapter 2 In the heading to Chapter 2 of the Principal Act, after "DOMESTIC RELATIONSHIPS" insert "OR CARING RELATIONSHIPS". 5 7 Purpose of Chapter 2 In section 4 of the Principal Act after "domestic relationships" insert "or caring relationships". 8 Chapter 2 definitions In section 5 of the Principal Act-- 10 (a) insert the following definitions-- "legal practitioner's certificate means a certificate given by a legal practitioner in accordance with section 7(ba); registrable caring relationship means a 15 relationship (other than a registered relationship) between two adult persons who are not a couple or married to each other and who may or may not otherwise be related by family where 20 one or each of the persons in the relationship provides personal or financial commitment and support of a domestic nature for the material benefit of the other, whether or not they are 25 living under the same roof, but does not include a relationship in which a person provides domestic support and personal care to the other person-- (a) for fee or reward; or 30 (b) on behalf of another person or an organisation (including a government agency, a body corporate or a charitable or benevolent organisation);"; 561282B.I-11/11/2008 4 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Part 2--Amendments to Principal Act s. 9 (b) in the definition of registrable relationship, after "registrable" (where first occurring) insert "domestic". 9 Application to register a registrable relationship 5 (1) In the heading to section 6 of the Principal Act, for "registrable relationship" substitute "registrable domestic relationship or registrable caring relationship". (2) In section 6 of the Principal Act for "registrable 10 relationship may" substitute "registrable domestic relationship or registrable caring relationship may". 10 Requirements of application for registration After section 7(b) of the Principal Act insert-- 15 "(ba) in the case of a registrable caring relationship, a legal practitioner's certificate obtained by each of the applicants from a legal practitioner who has signed the certificate and that states that the legal 20 practitioner provided legal advice to the applicant independently of the other party to the registrable caring relationship as to-- (i) the effect of the registration of the registrable caring relationship on the 25 rights of the parties to the relationship; and (ii) the advantages and disadvantages, at the time the advice was provided, to the applicant of registering the registrable 30 caring relationship; and". 561282B.I-11/11/2008 5 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Part 2--Amendments to Principal Act s. 11 11 Registration (1) In section 10(1) and (2) of the Principal Act for "registrable relationship" substitute "registrable domestic relationship or registrable caring 5 relationship". (2) For section 10(3)(a) of the Principal Act substitute-- "(a) in the case of a registrable domestic relationship application, register the 10 relationship in the Relationships Register as a registered domestic relationship; or (ab) in the case of a registrable caring relationship application, register the relationship in the Relationships Register as a registered caring 15 relationship; or". 12 Additional services in relation to information in Register and other information In section 27(1) of the Principal Act, for "registrable relationship" substitute "registrable 20 domestic relationship or registrable caring relationship". 13 Registrar to provide certain information to Minister In section 32 of the Principal Act-- (a) in paragraph (a), for "registrable 25 relationships" substitute "registrable domestic relationships and registrable caring relationships"; (b) in paragraph (b), for "registered relationships" substitute "registered 30 domestic relationships and registered caring relationships". 561282B.I-11/11/2008 6 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Part 2--Amendments to Principal Act s. 14 14 Purpose of Chapter 3 For section 34 of the Principal Act substitute-- "34 Purpose The purpose of this Chapter is to provide 5 for-- (a) the effect of relationship agreements made between-- (i) domestic partners; (ii) caring partners; 10 (b) the adjustment of interests in property between-- (i) domestic partners; (ii) caring partners; (c) the rights to maintenance of-- 15 (i) domestic partners; (ii) caring partners.". 15 Part 3.2 definitions (1) In section 35(1) of the Principal Act-- (a) insert the following definition-- 20 "caring partner of a person means-- (a) a person with whom the person is, or has been, in a registered caring relationship; (b) a person with whom the person is 25 contemplating entering into a registered caring relationship;"; (b) in paragraph (a) of the definition of domestic relationship, after "registered" insert "domestic"; 561282B.I-11/11/2008 7 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Part 2--Amendments to Principal Act s. 16 (c) in the definition of financial matters, after "domestic partners" (wherever occurring) insert "or caring partners"; (d) in the definition of financial resources, after 5 "the domestic partners" (wherever occurring) insert "or the caring partners"; (e) for the definition of relationship agreement substitute-- "relationship agreement has the meaning 10 given by section 35A.". (2) In section 35(2) of the Principal Act after "registered" insert "domestic". 16 New section 35A inserted After section 35 of the Principal Act insert-- 15 "35A Relationship agreements (1) For the purposes of this Part, a relationship agreement means an agreement, between two persons, whether or not there are other parties to the agreement, that is made in the 20 circumstances, and provides for the matters, set out in either subsection (2) or (3). (2) An agreement that is made between domestic partners before, on or after the commencement of this Act-- 25 (a) in contemplation of their entering into a domestic relationship; or (b) during the existence of their domestic relationship; or (c) in contemplation of the termination of 30 their domestic relationship; or 561282B.I-11/11/2008 8 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Part 2--Amendments to Principal Act s. 17 (d) after the termination of their domestic relationship-- that provides for financial matters, whether or not it provides for other matters. 5 (3) An agreement that is made between caring partners on or after the commencement of section 16 of the Relationships Amendment (Caring Relationships) Act 2008-- 10 (a) in contemplation of their entering into a registered caring relationship; or (b) during the existence of their registered caring relationship; or (c) in contemplation of the termination of 15 their registered caring relationship; or (d) after the termination of their registered caring relationship-- that provides for financial matters, whether or not it provides for other matters.". 20 17 Varying or setting aside agreements In section 37(1) of the Principal Act, for "partners" substitute "parties". 18 Effect of death of partner (1) In section 38(1) of the Principal Act, after 25 "domestic partner" insert "or caring partner". (2) In section 38(3) of the Principal Act, after "domestic partners" insert "or caring partners". 561282B.I-11/11/2008 9 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Part 2--Amendments to Principal Act s. 19 19 Part 3.3 definitions (1) In section 39(1) of the Principal Act-- (a) insert the following definition-- "caring partner of a person means a person 5 with whom the person is or has been in a registered caring relationship;"; (b) in paragraph (a) of the definition of domestic relationship, after "registered" insert "domestic". 10 (2) In section 39(2) of the Principal Act after "registered" insert "domestic". 20 Declaration of interests in property In section 40(1) of the Principal Act-- (a) after "domestic partners" insert "or caring 15 partners"; (b) after "domestic partner" insert "or caring partner". 21 Application for adjustment or maintenance In section 41(1) of the Principal Act-- 20 (a) after "domestic partner" insert "or a caring partner"; (b) in paragraph (a), after "domestic partners" insert "or caring partners". 22 Eligibility for orders--unregistered relationships 25 (1) In the heading to section 42 of the Principal Act, after "unregistered" insert "domestic". (2) In section 42(1) of the Principal Act, after "registered" insert "domestic". 561282B.I-11/11/2008 10 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Part 2--Amendments to Principal Act s. 23 23 Time limit for making applications (1) In section 43(1) of the Principal Act, for "domestic partners have ended their domestic relationship" substitute "domestic partners or 5 caring partners have ended their domestic relationship or registered caring relationship". (2) In section 43(2) of the Principal Act, after "a domestic partner" insert "or a caring partner". 24 Duty of court to end financial relationships 10 In section 44(a) of the Principal Act, after "domestic partners" insert "or caring partners". 25 Order for adjustment (1) After section 45(1) of the Principal Act insert-- "(1A) On an application by a caring partner under 15 section 41 for an order to adjust interests with respect to the property of one or both of the caring partners, a court may make an order adjusting the interests of the caring partners in the property of one or both of 20 them that seems just and equitable having regard to-- (a) the financial and non-financial contributions made directly or indirectly by or on behalf of the caring 25 partners to the acquisition, conservation or improvement of any of the property or to the financial resources of one or both of the partners; and (b) the contributions made by either of the 30 caring partners to the welfare of the other caring partner; and (c) the nature and duration of the registered caring relationship; and 561282B.I-11/11/2008 11 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Part 2--Amendments to Principal Act s. 26 (d) any relevant matter referred to in section 51.". (2) In section 45(2) of the Principal Act after "domestic partner" insert "or a caring partner". 5 26 Adjournment of application--likelihood of significant change in circumstances (1) In section 46(1) of the Principal Act, for "partners" (wherever occurring) substitute "domestic partners or caring partners". 10 (2) In section 46(4) of the Principal Act, after "domestic partners" insert "or caring partners". 27 Deferment of order In section 48 of the Principal Act, after "domestic partner" insert "or a caring partner". 15 28 Order for maintenance (1) In section 51(1) of the Principal Act-- (a) after "domestic partner" insert "or a caring partner"; (b) after "domestic relationship" (wherever 20 occurring) insert "or registered caring relationship". (2) In section 51(2) of the Principal Act-- (a) in paragraphs (a), (b), (c), (f), (g), (h) and (i) after "domestic partner" (wherever 25 occurring) insert "or caring partner"; (b) in paragraph (j) after "domestic relationship" insert "or registered caring relationship"; (c) in paragraph (k) for "domestic relationship has affected the earning capacity of the 30 domestic partner" substitute "domestic relationship or registered caring relationship has affected the earning capacity of the domestic partner or caring partner". 561282B.I-11/11/2008 12 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Part 2--Amendments to Principal Act s. 29 29 Interim maintenance In section 52 of the Principal Act, after "domestic partner" insert "or a caring partner". 30 Section 53 substituted 5 For section 53 of the Principal Act substitute-- "53 Subsequent relationship or marriage If domestic partners or caring partners cease to be in a domestic relationship or registered caring relationship, an application to a court 10 for an order for maintenance cannot be made by a domestic partner or caring partner who, at the time of the application is made-- (a) is in a domestic relationship with another person; or 15 (b) is in a registered caring relationship with another person; or (c) has married or remarried.". 31 Cessation of order (1) In section 54(1) of the Principal Act-- 20 (a) in paragraphs (a), (b) and (c) after "domestic partner" insert "or caring partner"; (b) for paragraph (d) substitute-- "(d) on the registration under this Act of a registrable domestic relationship or a 25 registrable caring relationship of the domestic partner or caring partner in whose favour the order was made.". (2) In section 54(2) of the Principal Act, after "domestic partner" insert "or caring partner". 30 (3) In section 54(3) of the Principal Act, after "domestic partner" insert "or caring partner". 561282B.I-11/11/2008 13 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Part 2--Amendments to Principal Act s. 32 32 Variation of order for periodic maintenance (1) In section 56(1) of the Principal Act, after "domestic partner" insert "or a caring partner". (2) In section 56(2) of the Principal Act, after 5 "domestic partner" (wherever occurring) insert "or caring partner". 33 Effect of relationship agreements (1) In section 59(1) of the Principal Act, after "domestic partners" insert "or caring partners". 10 (2) In section 59(2)(b) of the Principal Act, after "domestic relationship" insert "or registered caring relationship". (3) In section 59(3) of the Principal Act, after "domestic partners" insert "or caring partners". 15 34 Regulations In section 71(1)(a)(i) of the Principal Act, for "registrable relationship" substitute "registrable domestic relationship or registrable caring relationship". 20 35 New section 74A inserted After section 74 of the Principal Act insert-- "74A Further transitional provision A relationship that was a registered relationship under Part 2.2 immediately 25 before the commencement of section 35 of the Relationships Amendment (Caring Relationships) Act 2008, is taken, on and after that commencement, to be a registered domestic relationship.". 561282B.I-11/11/2008 14 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Part 2--Amendments to Principal Act s. 36 36 Interim fees In section 75(2) of the Principal Act, for "registrable relationship" substitute "registrable domestic relationship or registrable caring 5 relationship". __________________ 561282B.I-11/11/2008 15 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Part 3--General s. 37 PART 3--GENERAL 37 Consequential amendments An Act specified in the heading to an item in Schedule 1 is amended, on the commencement of 5 that item or a provision of that item, as set out in the item or provision. 38 Repeal of amending Act This Act is repealed on 1 December 2010. Note 10 The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1)) of the Interpretation of Legislation Act 1984). __________________ 561282B.I-11/11/2008 16 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Sch. 1 SCHEDULE 1 Section 37 CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 1 Accident Compensation Act 1985 5 1.1 In section 5(1), in paragraph (a) of the definition of domestic partner, after "registered" insert "domestic". 1.2 In section 5(18)-- (a) in paragraph (a), after "registered" insert 10 "domestic"; (b) in paragraph (b), after "registered" insert "domestic". 2 Administration and Probate Act 1958 2.1 In section 3(1)-- 15 (a) insert the following definition-- "registered caring partner of a person who dies means a person who, at the time of the person's death, was in a registered caring relationship with the person 20 within the meaning of the Relationships Act 2008;"; (b) in the definition of registered domestic partner, for "registered relationship" substitute "registered domestic 25 relationship". 2.2 In section 51A(1), after "registered domestic partner" insert "or registered caring partner". 2.3 In the Table at the foot of section 51A(1), for "registered domestic partner's" substitute 30 "registered domestic partner or registered caring partner's". 561282B.I-11/11/2008 17 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Sch. 1 3 Attorney-General and Solicitor-General Act 1972 After section 6(4) insert-- "(5) In this section-- domestic partner of a person means-- 5 (a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or (b) a person to whom the person is 10 not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis 15 (irrespective of gender); partner of a person means-- (a) in relation to a person who became entitled to benefits under this Act before the 20 commencement of section 3 of the Constitution Amendment (Judicial Pensions) Act 2008-- (i) the person's husband, wife, widower or widow; or 25 (ii) a person of the opposite sex who, though not married to the person, in the opinion of the Minister lives with the person, or lived with the 30 person at the date of the person's death, on a bona fide domestic basis as the person's husband or wife; (b) in any other case, the person's 35 spouse or domestic partner; 561282B.I-11/11/2008 18 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Sch. 1 spouse of a person means a person to whom the person is, or was at the time of the person's death, married. (6) For the purposes of the definition of 5 domestic partner in subsection (5)-- (a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who 10 are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of 15 the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.". 4 Children, Youth and Families 2005 4.1 In section 3(1), in paragraph (a) of the definition 20 of domestic partner, after "registered" insert "domestic". 4.2 In section 3(2)-- (a) in paragraph (a), after "registered" insert "domestic"; 25 (b) in paragraph (b), after "registered" insert "domestic". 5 Congestion Levy Act 2005 5.1 In section 3(1), for the definition of domestic partner substitute-- 30 "domestic partner of a person means-- (a) a person who is in a registered domestic relationship with the person; or 561282B.I-11/11/2008 19 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Sch. 1 (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of 5 gender);". 5.2 For section 3(3) substitute-- "(3) For the purposes of the definition of domestic partner in subsection (1)-- (a) registered domestic relationship has 10 the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered domestic relationship are domestic partners of 15 each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may 20 be relevant in a particular case.". 6 Conservation, Forests and Lands Act 1987 6.1 In section 56(1), in paragraph (a) of the definition of domestic partner, after "registered" insert "domestic". 25 6.2 In section 56(2)-- (a) in paragraph (a), after "registered" insert "domestic"; (b) in paragraph (b), after "registered" insert "domestic". 30 7 Constitution Act 1975 7.1 In section 5A(1), in paragraph (a) of the definition of domestic partner, after "registered" insert "domestic". 561282B.I-11/11/2008 20 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Sch. 1 7.2 In section 5A(2)-- (a) in paragraph (a), after "registered" insert "domestic"; (b) in paragraph (b), after "registered" insert 5 "domestic". 8 County Court Act 1958 8.1 In section 3AA(1), in paragraph (a) of the definition of domestic partner, after "registered" insert "domestic". 10 8.2 In section 3AA(2)-- (a) in paragraph (a), after "registered" insert "domestic"; (b) in paragraph (b), after "registered" insert "domestic". 15 9 Crimes Act 1958 9.1 In section 35(1), in paragraph (a) of the definition of domestic partner, after "registered" insert "domestic". 9.2 In section 35(1A)-- 20 (a) in paragraph (a), after "registered" insert "domestic"; (b) in paragraph (b), after "registered" insert "domestic". 10 Duties Act 2000 25 10.1 In section 3(1), in paragraph (a) of the definition of domestic relationship, after "registered" insert "domestic". 10.2 In section 3(3)-- (a) in paragraph (a), after "registered" insert 30 "domestic"; (b) in paragraph (b), after "registered" insert "domestic". 561282B.I-11/11/2008 21 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Sch. 1 11 Education and Training Reform Act 2006 11.1 In section 5.6.1(1), in paragraph (a) of the definition of domestic partner, after "registered" insert "domestic". 5 11.2 In section 5.6.1(2)-- (a) in paragraph (a), after "registered" insert "domestic"; (b) in paragraph (b), after "registered" insert "domestic". 10 12 Emergency Services Superannuation Act 1986 12.1 In section 3(1), in paragraph (a) of the definition of domestic partner, after "registered" insert "domestic". 12.2 In section 3(2)-- 15 (a) in paragraph (a), after "registered" insert "domestic"; (b) in paragraph (b), after "registered" insert "domestic". 13 Equal Opportunity Act 1995 20 13.1 In section 4(1), in paragraph (a) of the definition of domestic partner, after "registered" insert "domestic". 13.2 In section 4(2)-- (a) in paragraph (a), after "registered" insert 25 "domestic"; (b) in paragraph (b), after "registered" insert "domestic". 14 First Home Owner Grant Act 2000 14.1 In section 3(1), in paragraph (a) of the definition 30 of domestic partner, after "registered" insert "domestic". 561282B.I-11/11/2008 22 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Sch. 1 14.2 In section 3(2)-- (a) in paragraph (a), after "registered" insert "domestic"; (b) in paragraph (b), after "registered" insert 5 "domestic". 15 Land Act 1958 15.1 In section 3(1), in paragraph (a) of the definition of domestic partner, after "registered" insert "domestic". 10 15.2 In section 3(2)-- (a) in paragraph (a), after "registered" insert "domestic"; (b) in paragraph (b), after "registered" insert "domestic". 15 16 Land Tax Act 2005 16.1 In section 3(1), in paragraph (a) of the definition of domestic partner, after "registered" insert "domestic". 16.2 In section 3(2)-- 20 (a) in paragraph (a), after "registered" insert "domestic"; (b) in paragraph (b), after "registered" insert "domestic". 17 Magistrates' Court Act 1989 25 After section 10A(4) insert-- "(5) In this section-- domestic partner of a person means-- (a) a person who is, or was at the time of the person's death, in a 30 registered domestic relationship with the person; or 561282B.I-11/11/2008 23 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Sch. 1 (b) a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the 5 person's death, living as a couple on a genuine domestic basis (irrespective of gender); partner of a person means-- (a) in relation to a person who 10 became entitled to benefits under this Act before the commencement of section 9 of the Constitution Amendment (Judicial Pensions) Act 2008-- 15 (i) the person's husband, wife, widower or widow; or (ii) a person of the opposite sex who, though not married to the person, in the opinion of 20 the Minister lives with the person, or lived with the person at the date of the person's death, on a bona fide domestic basis as the 25 person's husband or wife; (b) in any other case, the person's spouse or domestic partner; spouse of a person means a person to whom the person is, or was at the time of the 30 person's death, married. (6) For the purposes of the definition of domestic partner in subsection (5)-- (a) registered domestic relationship has the same meaning as in the 35 Relationships Act 2008; and 561282B.I-11/11/2008 24 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Sch. 1 (b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of 5 their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.". 10 18 Parliamentary Salaries and Superannuation Act 1968 18.1 In section 10(1), in paragraph (a) of the definition of domestic partner, after "registered" insert "domestic". 15 18.2 In section 10(1A)-- (a) in paragraph (a), after "registered" insert "domestic"; (b) in paragraph (b), after "registered" insert "domestic". 20 18.3 In section 21A(5)(d) after "registered" insert "domestic". 18.4 In section 21A(9A) after "registered" insert "domestic". 18.5 In section 21A(10), in the definition of former 25 domestic partner after "registered" insert "domestic". 19 Payroll Tax Act 2007 19.1 In section 73(4), in paragraph (a) of the definition of domestic partner, after "registered" insert 30 "domestic". 561282B.I-11/11/2008 25 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Sch. 1 19.2 In section 73(5)-- (a) in paragraph (a), after "registered" insert "domestic"; (b) in paragraph (b), after "registered" insert 5 "domestic". 20 Perpetuities and Accumulations Act 1968 20.1 In section 2(1), in paragraph (a) of the definition of domestic partner, after "registered" insert "domestic". 10 20.2 In section 2(4)-- (a) in paragraph (a), after "registered" insert "domestic"; (b) in paragraph (b), after "registered" insert "domestic". 15 21 Public Prosecutions Act 1994 21.1 Insert the following definitions in section 3-- "domestic partner of a person means-- (a) a person who is, or was at the time of the person's death, in a registered 20 domestic relationship with the person; or (b) a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at 25 the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender); partner of a person means-- (a) in relation to a person who became 30 entitled to benefits under this Act before the commencement of section 9 of the Constitution Amendment (Judicial Pensions) Act 2008-- 561282B.I-11/11/2008 26 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Sch. 1 (i) the person's husband, wife, widower or widow; or (ii) a person of the opposite sex who, though not married to the person, 5 in the opinion of the Minister lives with the person, or lived with the person at the date of the person's death, on a bona fide domestic basis as the person's husband or 10 wife; (b) in any other case, the person's spouse or domestic partner; spouse of a person means a person to whom the person is, or was at the time of the person's 15 death, married.". 21.2 At the end of section 3 insert-- "(2) For the purposes of the definition of domestic partner in subsection (1)-- (a) registered domestic relationship has 20 the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered domestic relationship are domestic partners of 25 each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may 30 be relevant in a particular case.". 22 State Employees Retirement Benefits Act 1979 22.1 In section 2(1), in paragraph (a) of the definition of domestic partner, after "registered" insert "domestic". 561282B.I-11/11/2008 27 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Sch. 1 22.2 In section 2(6)-- (a) in paragraph (a), after "registered" insert "domestic"; (b) in paragraph (b), after "registered" insert 5 "domestic". 23 State Superannuation Act 1988 23.1 In section 3(1), in paragraph (a) of the definition of domestic partner, after "registered" insert "domestic". 10 23.2 In section 3(8)-- (a) in paragraph (a), after "registered" insert "domestic"; (b) in paragraph (b), after "registered" insert "domestic". 15 24 Superannuation (Portability) Act 1989 24.1 In section 3(1), in paragraph (a) of the definition of domestic partner, after "registered" insert "domestic". 24.2 In section 3(6)-- 20 (a) in paragraph (a), after "registered" insert "domestic"; (b) in paragraph (b), after "registered" insert "domestic". 25 Supreme Court Act 1986 25 25.1 Insert the following definitions in section 3(1)-- "domestic partner of a person means-- (a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; 30 or 561282B.I-11/11/2008 28 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Sch. 1 (b) a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as 5 a couple on a genuine domestic basis (irrespective of gender); partner of a person means-- (a) in relation to a person who became entitled to benefits under this Act 10 before the commencement of section 3 of the Constitution Amendment (Judicial Pensions) Act 2008-- (i) the person's husband, wife, widower or widow; or 15 (ii) a person of the opposite sex who, though not married to the person, in the opinion of the Minister lives with the person, or lived with the person at the date of the person's 20 death, on a bona fide domestic basis as the person's husband or wife; (b) in any other case, the person's spouse or domestic partner; 25 spouse of a person means a person to whom the person is, or was at the time of the person's death, married;". 25.2 After section 3(7) insert-- "(8) For the purposes of the definition of 30 domestic partner in subsection (1)-- (a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and 561282B.I-11/11/2008 29 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Sch. 1 (b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of 5 their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.". 10 26 Transport Accident Act 1986 26.1 In section 3(1), in paragraph (a) of the definition of domestic partner, after "registered" insert "domestic". 26.2 In section 3(6)-- 15 (a) in paragraph (a), after "registered" insert "domestic"; (b) in paragraph (b), after "registered" insert "domestic". 27 Transport Superannuation Act 1988 20 27.1 In section 3(1), in paragraph (a) of the definition of domestic partner, after "registered" insert "domestic". 27.2 In section 3(5)-- (a) in paragraph (a), after "registered" insert 25 "domestic"; (b) in paragraph (b), after "registered" insert "domestic". 28 Victorian Workers' Wages Protection Act 2007 28.1 In section 3(1), in paragraph (a) of the definition 30 of domestic partner, after "registered" insert "domestic". 561282B.I-11/11/2008 30 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Sch. 1 28.2 In section 3(2)-- (a) in paragraph (a), after "registered" insert "domestic"; (b) in paragraph (b), after "registered" insert 5 "domestic". 29 Water Act 1989 29.1 In section 3(1), in paragraph (b)(i) of the definition of domestic partner, after "registered" insert "domestic". 10 29.2 In section 3(3)-- (a) after paragraph (a) insert-- "(aa) registered domestic relationship has the same meaning as in the Relationships Act 2008; and". 15 (b) in paragraph (b), after "registered" insert "domestic". 30 Wrongs Act 1958 30.1 In section 19(3), in paragraph (a) of the definition of domestic partner, after "registered" insert 20 "domestic". 30.2 In section 19(4)-- (a) in paragraph (a), after "registered" insert "domestic"; (b) in paragraph (b), after "registered" insert 25 "domestic". 561282B.I-11/11/2008 31 BILL LA INTRODUCTION 11/11/2008
Relationships Amendment (Caring Relationships) Bill 2008 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561282B.I-11/11/2008 32 BILL LA INTRODUCTION 11/11/2008