Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Relationships Bill 2007
TABLE OF PROVISIONS
Clause Page
CHAPTER 1--INTRODUCTION 1
PART 1.1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Definitions 2
CHAPTER 2--REGISTRATION OF DOMESTIC
RELATIONSHIPS 3
PART 2.1--PRELIMINARY 3
4 Purpose 3
5 Definitions 3
PART 2.2--REGISTRATION OF A REGISTRABLE
RELATIONSHIP 5
6 Application to register a registrable relationship 5
7 Requirements of application for registration 5
8 Registrar may require further information 6
9 Withdrawal of application for registration 6
10 Registration 6
11 Revocation of registration 7
12 Application for revocation of registration 7
13 Service of revocation application and proof of service 9
14 Withdrawal of revocation application 9
15 Revocation of registration by Registrar 10
16 Revocation of registration by court 10
PART 2.3--THE RELATIONSHIPS REGISTER 11
Division 1--Keeping the Relationships Register 11
17 The Relationships Register 11
Division 2--Registrar's powers of inquiry 11
18 Registrar's powers of inquiry 11
561144B.I-4/12/2007 i BILL LA INTRODUCTION 4/12/2007
Clause Page
Division 3--Correction and amendment of Relationships Register 12
19 Correction and amendment of Register 12
Division 4--Access to and certification of Register entries 13
20 Protection of privacy 13
21 Search of Register 13
22 Issue of certificate 14
23 Access policies 14
24 Access to Register 14
25 Power to remit fees 15
Division 5--Additional information and services 15
26 Registrar may collect other information 15
27 Additional services in relation to information in Register and
other information 16
PART 2.4--GENERAL POWER OF REVIEW 17
28 Review by VCAT 17
PART 2.5--GENERAL 18
29 False representation 18
30 Unauthorised access to or interference with Register 18
31 Falsification of certificate etc. 18
32 Registrar to provide certain information to Minister 19
33 Power to require and take statutory declarations 19
CHAPTER 3--RELATIONSHIP AGREEMENTS, PROPERTY
AND MAINTENANCE 20
PART 3.1--PRELIMINARY 20
34 Purpose 20
PART 3.2--RELATIONSHIP AGREEMENTS 21
35 Definitions 21
36 Agreements subject to law of contract 24
37 Varying or setting aside agreements 24
38 Effect of death of partner 25
PART 3.3--PROPERTY AND MAINTENANCE 26
Division 1--Preliminary 26
39 Definitions 26
40 Declaration of interests in property 27
561144B.I-4/12/2007 ii BILL LA INTRODUCTION 4/12/2007
Clause Page
Division 2--Application for orders under this Part 27
41 Application for adjustment or maintenance 27
42 Eligibility for orders--unregistered relationships 28
43 Time limit for making applications 29
44 Duty of court to end financial relationships 29
Division 3--Adjustment of interests in property 30
45 Order for adjustment 30
46 Adjournment of application--likelihood of significant change
in circumstances 31
47 Adjournment of application--proceedings in the Family Court 32
48 Deferment of order 33
49 Effect of death of party on application 33
50 Effect of death of party on order 33
Division 4--Maintenance 34
51 Order for maintenance 34
52 Interim maintenance 36
53 Subsequent relationship or marriage 36
54 Cessation of order 37
55 Recovery of arrears 38
56 Variation of order for periodic maintenance 38
57 Other maintenance orders not to be varied 39
Division 5--General provisions for property adjustment and
maintenance orders 39
58 Powers of a court 39
59 Effect of relationship agreements 41
60 Execution of instruments by order of a court 43
61 Orders and injunctions in the absence of a party 43
62 Variation and setting aside of orders 44
63 Transactions to defeat claims 45
64 Interests of other parties 46
Division 6--Jurisdiction and enforcement 46
65 Courts having jurisdiction under this Part 46
66 Transfer of proceedings--jurisdictional limit exceeded 47
67 Transfer of proceedings--interests of justice 47
68 Proceedings in more than one court 47
69 Courts to act in aid of each other 48
70 Enforcement of orders 48
561144B.I-4/12/2007 iii BILL LA INTRODUCTION 4/12/2007
Clause Page
CHAPTER 4--GENERAL AND TRANSITIONAL PROVISIONS
AND CONSEQUENTIAL AMENDMENTS 50
PART 4.1--GENERAL 50
71 Regulations 50
PART 4.2--REPEALS, CONSEQUENTIAL AMENDMENTS
AND TRANSITIONALS 52
72 Repeal of Part IX of the Property Law Act 1958 52
73 Consequential amendments 52
74 Transitional provisions 52
75 Interim fees 53
__________________
SCHEDULE 1--Consequential Amendments to other Acts 54
1 Accident Compensation Act 1985 54
2 Administration and Probate Act 1958 55
51A Distribution if more than one partner 56
3 Alcoholics and Drug-dependent Persons Act 1968 57
4 Births, Deaths and Marriages Registration Act 1996 58
5 Catchment and Land Protection Act 1994 59
6 Children, Youth and Families Act 2005 60
7 Confiscation Act 1997 61
8 Conservation, Forests and Lands Act 1987 62
9 Conveyancers Act 2006 63
10 Co-operative Housing Societies Act 1958 64
11 Coroners Act 1985 65
12 Corrections Act 1986 66
13 Country Fire Authority Act 1958 67
14 Crimes (Family Violence) Act 1987 68
15 Crimes (Mental Impairment and Unfitness to be Tried)
Act 1997 69
16 Crimes Act 1958 71
17 Duties Act 2000 71
18 Education and Training Reform Act 2006 72
19 Emergency Services Superannuation Act 1986 73
20 Equal Opportunity Act 1995 74
21 Estate Agents Act 1980 75
22 Fair Trading Act 1999 76
23 Firearms Act 1996 77
24 First Home Owner Grant Act 2000 78
25 Freedom of Information Act 1982 79
26 Gambling Regulation Act 2003 80
27 Guardianship and Administration Act 1986 82
28 Health Act 1958 83
29 Health Records Act 2001 84
561144B.I-4/12/2007 iv BILL LA INTRODUCTION 4/12/2007
Clause Page
30 Health Services Act 1988 85
31 Human Tissue Act 1982 86
32 Land Acquisition and Compensation Act 1986 88
33 Land Act 1958 89
34 Land Tax Act 2005 89
35 Landlord and Tenant Act 1958 90
36 Legal Profession Act 2004 91
37 Liquor Control Reform Act 1998 92
38 Local Government Act 1989 94
39 Magistrates' Court Act 1989 95
40 Meat Industry Act 1993 96
41 Motor Car Traders Act 1986 97
42 Municipalities Assistance Act 1973 99
43 Parliamentary Salaries and Superannuation Act 1968 100
44 Partnership Act 1958 101
45 Payroll Tax Act 2007 102
46 Perpetuities and Accumulations Act 1968 103
47 Police Assistance Compensation Act 1968 104
48 Port Services Act 1995 105
49 Prostitution Control Act 1994 106
50 Racing Act 1958 107
51 Residential Tenancies Act 1997 108
52 Retirement Villages Act 1986 109
53 Road Safety Act 1986 110
54 Sale of Land Act 1962 112
55 Second-Hand Dealers and Pawnbrokers Act 1989 112
56 Sentencing Act 1991 114
57 State Employees Retirement Benefits Act 1979 115
58 State Superannuation Act 1988 116
59 Superannuation (Portability) Act 1989 117
60 Transport Accident Act 1986 118
61 Transport Superannuation Act 1988 118
62 Trustee Companies Act 1984 119
63 Victorian Workers' Wages Protection Act 2007 121
64 Victims of Crime Assistance Act 1996 121
65 Water Act 1989 123
66 Wills Act 1997 124
67 Witness Protection Act 1991 125
68 Wrongs Act 1958 126
69 Consumer Credit (Victoria) Act 1995 128
ENDNOTES 130
561144B.I-4/12/2007 v BILL LA INTRODUCTION 4/12/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Relationships Bill 2007
A Bill for an Act to establish a relationships register in Victoria for the
registration of domestic relationships, to provide for relationship
agreements, to provide for property adjustment between domestic
partners and for maintenance, to repeal Part IX of the Property Law
Act 1958, to make consequential amendments to other Acts and for
other purposes.
The Parliament of Victoria enacts:
CHAPTER 1--INTRODUCTION
PART 1.1--PRELIMINARY
1 Purpose
The purpose of this Act is--
5 (a) to establish a relationships register in
Victoria for the registration of domestic
relationships;
561144B.I-4/12/2007 1 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 1.1--Preliminary
s. 2
(b) to provide for relationship agreements;
(c) to provide for adjustment of property
interests between domestic partners and the
rights of domestic partners to maintenance;
5 (d) to repeal Part IX of the Property Law Act
1958 and make consequential amendments to
other Acts.
2 Commencement
(1) Subject to subsections (2) and (3), this Act
10 (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
provision of an item in Schedule 1 other than
items 25 and 69) does not come into operation
15 before 1 December 2008, it comes into operation
on that day.
(3) If item 25 or 69 or a provision of item 25 or 69 in
Schedule 1 does not come into operation before
1 July 2009, it comes into operation on that day.
20 3 Definitions
In this Act--
adult person means a person who is 18 years of
age or more;
legal practitioner means an Australian legal
25 practitioner within the meaning of the Legal
Profession Act 2004;
registered relationship means a relationship
between two persons that is registered under
Part 2.2;
30 relationship agreement has the meaning given in
section 35(1).
__________________
561144B.I-4/12/2007 2 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 2.1--Preliminary
s. 4
CHAPTER 2--REGISTRATION OF DOMESTIC
RELATIONSHIPS
PART 2.1--PRELIMINARY
4 Purpose
5 The purpose of this Chapter is to establish a
relationships register in Victoria for the
registration of domestic relationships.
5 Definitions
In this Chapter--
10 registrable information means information that
must or may be included in the Relationships
Register;
registrable relationship means a relationship
(other than a registered relationship) between
15 two adult persons who are not married to
each other but are a couple where one or
each of the persons in the relationship
provides personal or financial commitment
and support of a domestic nature for the
20 material benefit of the other, irrespective of
their genders and whether or not they are
living under the same roof, but does not
include a relationship in which a person
provides domestic support and personal care
25 to the other person--
(a) for fee or reward; or
(b) on behalf of another person or an
organisation (including a government
or government agency, a body
30 corporate or a charitable or benevolent
organisation);
561144B.I-4/12/2007 3 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 2.1--Preliminary
s. 5
Registrar means the Registrar of Births, Deaths
and Marriages;
Relationships Register means the register
established under Part 2.3;
5 revocation application means an application made
under section 12(1).
__________________
561144B.I-4/12/2007 4 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 2.2--Registration of a Registrable Relationship
s. 6
PART 2.2--REGISTRATION OF A REGISTRABLE
RELATIONSHIP
6 Application to register a registrable relationship
Persons who are in a registrable relationship may
5 apply to the Registrar, in a form approved by the
Registrar, for registration of that relationship if
each person in the relationship is--
(a) domiciled or ordinarily resident in the State;
and
10 (b) not married or in a registered relationship;
and
(c) not in another relationship that could be
registered under this Part.
7 Requirements of application for registration
15 An application under section 6 must include or be
accompanied by--
(a) a statutory declaration from each of the
applicants verifying that the applicant--
(i) consents to the registration; and
20 (ii) is not married or in a registered
relationship; and
(iii) is not in another relationship that could
be registered under this Part; and
(b) evidence of the identity and age of each
25 applicant; and
(c) the prescribed fee; and
(d) any other document or information that the
Registrar requires for the purposes of
determining the application.
561144B.I-4/12/2007 5 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 2.2--Registration of a Registrable Relationship
s. 8
8 Registrar may require further information
The Registrar may require persons who have
applied under section 6 to provide any further
information that the Registrar requires for the
5 purposes of determining the application.
9 Withdrawal of application for registration
(1) One or both persons who have applied under
section 6 may withdraw the application by giving
the Registrar a withdrawal form within the period
10 set out in subsection (3).
(2) The withdrawal form must be in a form approved
by the Registrar.
(3) The withdrawal form must be given to the
Registrar within 28 days after the date of
15 lodgement of the application under section 6.
10 Registration
(1) If an application to register a registrable
relationship has not been withdrawn under
section 9, the Registrar may register the
20 relationship in accordance with this section.
(2) The Registrar must not register a registrable
relationship until the later of--
(a) 28 days after the date of lodgement of the
application; or
25 (b) the time when further information is
provided to the Registrar under section 8.
(3) The Registrar must, within a reasonable time after
the expiry of the period specified in
subsection (2)--
30 (a) register the relationship in the Relationships
Register; or
(b) refuse to register the relationship.
561144B.I-4/12/2007 6 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 2.2--Registration of a Registrable Relationship
s. 11
11 Revocation of registration
(1) The registration of a registered relationship is
revoked by--
(a) the death of either person in the relationship;
5 or
(b) the marriage of either person in the
relationship (whether to each other or
another person).
(2) The registration of a registered relationship may
10 be revoked by the Registrar, on application by
either person or both persons in the relationship in
accordance with section 12.
Note
A court may order the revocation of the registration of a registered
15 relationship under section 16. VCAT may revoke the registration
of a registered relationship on an application for review under
section 28.
12 Application for revocation of registration
(1) Either person, or both persons, in a registered
20 relationship may apply to the Registrar, in a form
approved by the Registrar, for the revocation of
registration of that relationship.
(2) If a person in a registered relationship makes a
revocation application alone, the person must
25 serve the other person in the relationship with a
copy of the revocation application in accordance
with section 13(1).
(3) A revocation application must be accompanied
by--
30 (a) evidence of the identity of the applicant or
applicants; and
(b) the prescribed fee; and
561144B.I-4/12/2007 7 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 2.2--Registration of a Registrable Relationship
s. 12
(c) in the case of a person in the registered
relationship making the revocation
application alone, proof of service of the
revocation application on the other person in
5 the relationship; and
(d) any other document or information that the
Registrar requires for the purposes of
determining the revocation application.
(4) Subject to subsections (5) and (6), the Registrar
10 must not consider a revocation application if--
(a) the application was made by only one person
in the registered relationship; and
(b) the application is not accompanied by proof
that the application was served on the other
15 person in the registered relationship.
(5) If a person to whom subsection (2) applies cannot
effect service in accordance with section 13(1),
the person may apply to the Registrar for
permission--
20 (a) to serve a copy of the application other than
in accordance with section 13(1); or
(b) to dispense with service altogether.
(6) If the Registrar gives permission under
subsection (5), the person who applied for
25 permission--
(a) is not required to comply with subsection (2)
or (3)(c); and
(b) must comply with any conditions on which
the permission is given.
561144B.I-4/12/2007 8 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 2.2--Registration of a Registrable Relationship
s. 13
13 Service of revocation application and proof of
service
(1) A copy of a revocation application made by only
one person in a registered relationship may be
5 served on the other person in that relationship--
(a) by delivering it personally to the other
person; or
(b) by sending it by registered post addressed to
the other person at that person's last known
10 place of residence.
(2) A person to whom section 12(2) applies must
prove service of a copy of the revocation
application on the other person in the registered
relationship by making a statutory declaration
15 specifying--
(a) that a copy of that application was served on
the other person; and
(b) the name of the person who served the copy
of the application; and
20 (c) the method of service used to serve the copy
of the application; and
(d) the date and time that the copy of the
application was served.
14 Withdrawal of revocation application
25 (1) A person who has made a revocation application
to the Registrar may withdraw the application by
giving the Registrar a withdrawal of revocation
form in accordance with subsection (2).
(2) The withdrawal of revocation form must--
30 (a) be given to the Registrar within 90 days after
the date of lodgement of the revocation
application; and
(b) be in a form approved by the Registrar; and
561144B.I-4/12/2007 9 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 2.2--Registration of a Registrable Relationship
s. 15
(c) be signed by both persons in the registered
relationship that is the subject of the
revocation application.
15 Revocation of registration by Registrar
5 The Registrar must revoke the registration of a
registered relationship after the expiry of 90 days
after the date of lodgement of the revocation
application unless--
(a) the revocation application is withdrawn
10 under section 14; or
(b) a court or tribunal otherwise directs.
16 Revocation of registration by court
A court may order the revocation of the
registration of a registered relationship--
15 (a) on application made by an interested person;
or
(b) on its own motion.
__________________
561144B.I-4/12/2007 10 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 2.3--The Relationships Register
s. 17
PART 2.3--THE RELATIONSHIPS REGISTER
Division 1--Keeping the Relationships Register
17 The Relationships Register
(1) The Registrar must maintain a register of
5 registered relationships to be known as the
Relationships Register.
(2) The Relationships Register--
(a) must contain the particulars of each
registered relationship required under this
10 Act to be included in the Register in a form
determined by the Registrar; and
(b) may contain further information if its
inclusion is considered appropriate by the
Registrar.
15 (3) The Relationships Register may be wholly or
partly in the form of a computer data base, in
documentary form, or in another form the
Registrar considers appropriate.
Division 2--Registrar's powers of inquiry
20 18 Registrar's powers of inquiry
(1) The Registrar may conduct an inquiry to find
out--
(a) particulars to verify information given for, or
in connection with, an application for
25 registration of a relationship or revocation of
registration; or
(b) whether particulars of a registered
relationship have been correctly recorded in
the Relationships Register.
561144B.I-4/12/2007 11 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 2.3--The Relationships Register
s. 19
(2) The Registrar may, by notice given to a person
who may be able to provide information relevant
to an inquiry under this section, require the person
to answer specified questions or to provide other
5 information within a time and in a way specified
in the notice.
(3) A person must not, without reasonable excuse, fail
to comply with a notice under subsection (2).
Penalty: 10 penalty units.
10 Division 3--Correction and amendment of Relationships
Register
19 Correction and amendment of Register
(1) The Registrar may correct or amend the
Relationships Register--
15 (a) to reflect a finding made on inquiry under
Division 2; or
(b) to bring an entry about a registered
relationship into conformity with the most
reliable information available to the
20 Registrar of the registered relationship.
(2) The Registrar must, if required by a court or
tribunal, correct or amend the Relationships
Register.
(3) The Registrar corrects or amends the
25 Relationships Register by adding or cancelling an
entry in the Register or by adding, altering or
deleting particulars contained in an entry.
(4) The Registrar may add additional registrable
information to an entry in the Relationships
30 Register.
(5) A person may apply to the Registrar for the
addition of registrable information to an entry in
the Relationships Register.
561144B.I-4/12/2007 12 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 2.3--The Relationships Register
s. 20
(6) An application under subsection (5) must be
accompanied by the prescribed fee.
Division 4--Access to and certification of Register entries
20 Protection of privacy
5 In providing information extracted from the
Relationships Register, the Registrar must, as far
as practicable, protect the persons to whom the
entries in the Register relate, and any other
persons named in those entries, from unreasonable
10 intrusion on their privacy.
21 Search of Register
(1) The Registrar may, on application, search the
Relationships Register for an entry about a
particular registered relationship.
15 (2) The applicant must--
(a) state the reason for the applicant's interest in
the subject-matter of the search; and
(b) pay the prescribed fee.
(3) The Registrar may reject the application if the
20 applicant does not show an adequate reason for
wanting the information to which the application
relates.
(4) In deciding whether an applicant has an adequate
reason for wanting information, the Registrar must
25 have regard to--
(a) the relationship (if any) between the
applicant and the persons to whom the
information relates; and
(b) the age of the entry; and
30 (c) the contents of the entry; and
(d) any other relevant factors.
561144B.I-4/12/2007 13 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 2.3--The Relationships Register
s. 22
22 Issue of certificate
(1) On completing a search of the Relationships
Register and on payment by the applicant of the
prescribed fee, the Registrar may issue a
5 certificate--
(a) certifying particulars contained in an entry;
or
(b) certifying that no entry was located in the
Relationships Register about the relevant
10 relationship.
(2) A certificate under subsection (1)(a) is admissible
in legal proceedings as evidence of--
(a) the entry to which the certificate relates; and
(b) the facts recorded in the entry.
15 Note
See also section 10 of the Births, Deaths and Marriages
Registration Act 1996.
23 Access policies
(1) The Registrar must maintain a written statement
20 of the policies on which access to information
contained in the Relationships Register is to be
given or denied under this Division.
(2) The Registrar must give a copy of the statement,
on request, to any person.
25 24 Access to Register
(1) The Registrar may, on conditions the Registrar
considers appropriate--
(a) allow a person or organisation that has an
adequate reason for wanting access to the
30 Relationships Register access to the Register;
or
561144B.I-4/12/2007 14 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 2.3--The Relationships Register
s. 25
(b) provide a person or organisation that has an
adequate reason for wanting information
from the Relationships Register, with
information extracted from the Register.
5 (2) In deciding whether an applicant has an adequate
reason for wanting access to the Relationships
Register, or information extracted from the
Register, the Registrar must have regard to--
(a) the nature of the applicant's interest; and
10 (b) the sensitivity of the information; and
(c) the use to be made of the information; and
(d) other relevant factors.
(3) In deciding the conditions on which access to the
Relationships Register, or information extracted
15 from the Register, is to be given under this
section, the Registrar must, as far as practicable,
protect the persons to whom the entries in the
Register relate, and any other persons named in
those entries, from unreasonable intrusion on their
20 privacy.
25 Power to remit fees
The Registrar may, in appropriate cases, remit the
whole or part of a fee under this Chapter.
Division 5--Additional information and services
25 26 Registrar may collect other information
(1) Despite anything to the contrary in this Act, the
Registrar may maintain records of information,
other than registrable information, relating to
registered relationships.
30 (2) Records maintained under this section must be
kept separately from the Relationships Register.
561144B.I-4/12/2007 15 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 2.3--The Relationships Register
s. 27
(3) The Registrar may include information in the
records maintained under this section at the
request of a person interested in the registered
relationship to which it relates or on the
5 Registrar's own motion.
(4) Sections 20 and 24(3) apply to records maintained
under this section as if they were part of the
Relationships Register.
27 Additional services in relation to information in
10 Register and other information
(1) The Registrar may enter into an arrangement for
the provision of additional services in connection
with the provision of services relating to the
registration of a registrable relationship, including,
15 but not limited to--
(a) the provision of information in the form of a
decorative certificate or other document;
(b) the provision of information from records
maintained under section 26 relating to the
20 registered relationship.
(2) The Registrar may enter into an arrangement for
the provision of information from records
maintained under section 26 or the Relationships
Register including historical or genealogical
25 information.
(3) If the Registrar provides a service or an additional
service under this section, the Registrar may make
a charge for the service determined by the
Registrar, in his or her absolute discretion, which
30 does not necessarily bear a relation to the cost of
providing the service.
(4) In providing a service or an additional service, the
Registrar must comply with sections 20 and 24(3).
__________________
561144B.I-4/12/2007 16 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 2.4--General Power of Review
s. 28
PART 2.4--GENERAL POWER OF REVIEW
28 Review by VCAT
(1) A person whose interests are affected by a
decision of the Registrar under this Act may apply
5 to VCAT for review of the decision.
(2) An application for review must be made within
28 days after the later of--
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
10 Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
reasons is given to the person or the person is
informed under section 46(5) of that Act that
15 a statement of reasons will not be given.
__________________
561144B.I-4/12/2007 17 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 2.5--General
s. 29
PART 2.5--GENERAL
29 False representation
A person must not make a false or misleading
representation in an application or document
5 under this Chapter, knowing it to be false or
misleading.
Penalty: 20 penalty units.
30 Unauthorised access to or interference with Register
A person must not, without the authority of the
10 Registrar or other lawful authority--
(a) obtain access to the Relationships Register or
information contained in the Register; or
(b) make, alter or delete an entry in the
Relationships Register; or
15 (c) interfere with the Relationships Register in
any other way.
Penalty: 100 penalty units or 2 years
imprisonment or both.
31 Falsification of certificate etc.
20 (1) A person must not forge or falsify a certificate or
other document under this Chapter.
Penalty: 100 penalty units or 2 years
imprisonment or both.
(2) The Registrar may impound--
25 (a) a certificate or other document purporting to
be a certificate or other document under this
Chapter which the Registrar has reason to
believe has been forged or falsified; or
561144B.I-4/12/2007 18 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 2.5--General
s. 32
(b) a certificate under this Chapter about a
registered relationship if the entry in the
Relationships Register about the registered
relationship has been revoked, corrected or
5 amended since the issue of the certificate.
32 Registrar to provide certain information to Minister
The Registrar must provide to the Minister for the
inclusion in the report of operations of the
Department of Justice for a financial year under
10 Part 7 of the Financial Management Act 1994 a
report of--
(a) the number of registrable relationships
registered during that financial year; and
(b) the number of registrations of registered
15 relationships revoked during that financial
year.
33 Power to require and take statutory declarations
The Registrar--
(a) may require that information be given by
20 statutory declaration; and
(b) is authorised to take any statutory
declarations required for the purposes of this
Chapter.
__________________
561144B.I-4/12/2007 19 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.1--Preliminary
s. 34
CHAPTER 3--RELATIONSHIP AGREEMENTS,
PROPERTY AND MAINTENANCE
PART 3.1--PRELIMINARY
34 Purpose
5 The purpose of this Chapter is to provide for--
(a) the effect of relationship agreements made
between domestic partners;
(b) the adjustment of interests in property
between domestic partners;
10 (c) the rights of domestic partners to
maintenance.
__________________
561144B.I-4/12/2007 20 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.2--Relationship Agreements
s. 35
PART 3.2--RELATIONSHIP AGREEMENTS
35 Definitions
(1) In this Part--
domestic partner of a person means--
5 (a) a person with whom the person is or
has been in a domestic relationship; or
(b) a person with whom the person is
contemplating entering into a domestic
relationship;
10 domestic relationship means--
(a) a registered relationship; or
(b) a relationship between two persons who
are not married to each other but who
are living together as a couple on a
15 genuine domestic basis (irrespective of
gender); or
(c) the relationship between two adult
persons who are not married to each
other but are a couple where one or
20 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, irrespective of their genders and
25 whether or not they are 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--
30 (i) for fee or reward; or
561144B.I-4/12/2007 21 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.2--Relationship Agreements
s. 35
(ii) on behalf of another person or an
organisation (including a
government or government
agency, a body corporate or a
5 charitable or benevolent
organisation);
financial matters means matters relating to any
one or more of the following--
(a) the maintenance of one or both of the
10 domestic partners;
(b) the income or property of one or both
of the domestic partners;
(c) the financial resources of one or both of
the domestic partners;
15 financial resources includes--
(a) a prospective claim or entitlement in
respect of a scheme, fund or
arrangement under which
superannuation, retirement or similar
20 benefits are provided; and
(b) property that, under a discretionary
trust, may become used for the
purposes of or vested in one or both of
the domestic partners; and
25 (c) property, the alienation or disposition
of which is wholly or partly under the
control of one or both of the domestic
partners and that is lawfully capable of
being used for the purposes of one or
30 both of the domestic partners; and
(d) an indexed pension; and
(e) any other valuable benefit;
561144B.I-4/12/2007 22 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.2--Relationship Agreements
s. 35
property includes--
(a) real and personal property; and
(b) any estate or interest in real or personal
property; and
5 (c) money and any debt; and
(d) any cause of action for damages
(including damages for personal
injury); and
(e) any other thing in action; and
10 (f) any right with respect to property;
relationship agreement means an agreement, or a
variation of an agreement, between two
persons, whether or not there are other
parties to the agreement--
15 (a) that is made before, on or after the
commencement of this Act--
(i) in contemplation of their entering
into a domestic relationship; or
(ii) during the existence of their
20 domestic relationship; or
(iii) in contemplation of the
termination of their domestic
relationship; or
(iv) after the termination of their
25 domestic relationship; and
(b) that provides for financial matters,
whether or not it provides for other
matters.
(2) In determining whether a domestic relationship
30 (other than a registered relationship) exists or has
existed, all the circumstances of the relationship
are to be taken into account, including any one or
561144B.I-4/12/2007 23 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.2--Relationship Agreements
s. 36
more of the following matters as may be relevant
in a particular case--
(a) the degree of mutual commitment to a shared
life;
5 (b) the duration of the relationship;
(c) the nature and extent of common residence;
(d) whether or not a sexual relationship exists;
(e) the degree of financial dependence or
interdependence, and any arrangements for
10 financial support, between the parties;
(f) the ownership, use and acquisition of
property;
(g) the care and support of children;
(h) the reputation and public aspects of the
15 relationship.
(3) For the purposes of this Part, a person is not a
domestic partner of another person only because
they are co-tenants.
36 Agreements subject to law of contract
20 A relationship agreement is subject to, and
enforceable in accordance with, the law of
contract.
37 Varying or setting aside agreements
(1) A court may vary or set aside a relationship
25 agreement or any term of a relationship agreement
if, in the court's opinion, the circumstances of the
partners have so changed since the agreement was
entered into that it would lead to serious injustice
if the agreement or term (as the case requires)
30 were enforced.
561144B.I-4/12/2007 24 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.2--Relationship Agreements
s. 38
(2) A court may vary or set aside a relationship
agreement or any term of a relationship
agreement--
(a) if the court is of the opinion that the
5 agreement was entered into under duress or
by fraud; or
(b) on any other ground that would allow a
contract to be varied or set aside.
(3) A court may vary or set aside a relationship
10 agreement or a term of a relationship agreement
under subsection (1) or (2) despite any provision
of the agreement to the contrary.
(4) This section applies in any proceeding in a court,
whether under Part 3.3 or otherwise.
15 38 Effect of death of partner
(1) The terms of a relationship agreement requiring a
domestic partner to pay periodic maintenance to
the other partner are--
(a) on the death of the first-mentioned partner,
20 unenforceable against his or her estate,
unless the agreement provides otherwise; and
(b) on the death of the second-mentioned
partner, unenforceable by his or her estate.
(2) Subsection (1) does not affect the recovery of
25 arrears of periodic maintenance due and payable
under a relationship agreement at the date of death
of either partner.
(3) Unless a relationship agreement provides
otherwise, the terms of the agreement entered into
30 by domestic partners relating to property and lump
sum payments are, on the death of one of the
partners, enforceable on behalf of, or against, the
estate of the deceased partner.
__________________
561144B.I-4/12/2007 25 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 39
PART 3.3--PROPERTY AND MAINTENANCE
Division 1--Preliminary
39 Definitions
(1) In this Part--
5 applicant includes a cross-applicant;
child in relation to domestic partners means--
(a) a child born as a result of sexual
relations between the partners; or
(b) a child of one of the partners of whom
10 the other partner is presumed to be the
father under Part 2 of the Status of
Children Act 1974; or
(c) a child adopted by the partners;
domestic partner of a person means a person with
15 whom the person is or has been in a domestic
relationship;
domestic relationship means--
(a) a registered relationship; or
(b) a relationship between two persons who
20 are not married to each other but who
are living together as a couple on a
genuine domestic basis (irrespective of
gender);
financial matters has the meaning given in
25 section 35(1);
financial resources has the meaning given in
section 35(1);
561144B.I-4/12/2007 26 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 40
legal practitioner's certificate means a certificate
given by a legal practitioner in accordance
with section 59(2);
property has the meaning given in section 35(1).
5 (2) In determining whether a domestic relationship
(other than a registered relationship) exists or has
existed, all the circumstances of the relationship
are to be taken into account, including any one or
more of the matters referred to in section 35(2) as
10 may be relevant in a particular case.
40 Declaration of interests in property
(1) In a proceeding between domestic partners with
respect to existing title or rights in respect of
property, a court may declare the title or rights, if
15 any, that a domestic partner has in respect of the
property.
(2) The court may make orders to give effect to the
declaration, including orders about possession.
Division 2--Application for orders under this Part
20 41 Application for adjustment or maintenance
(1) A domestic partner may apply to a court for either
or both of the following--
(a) an order for the adjustment of interests with
respect to the property of one or both of the
25 domestic partners;
(b) an order for the granting of maintenance.
(2) An application may be made whether or not any
other application for any remedy or relief has been
or may be made under this Act or any other Act or
30 any other law.
561144B.I-4/12/2007 27 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 42
42 Eligibility for orders--unregistered relationships
(1) This section applies to an application under
section 41 by a domestic partner in relation to a
domestic relationship other than a registered
5 relationship.
(2) A court may make an order referred to in
section 41(1) on the application only if satisfied--
(a) that one or both of the domestic partners
lived in Victoria on the day on which the
10 application was made; and
(b) that--
(i) both partners have lived together in
Victoria for at least one third of the
period of their relationship; or
15 (ii) substantial contributions of the kind
referred to in section 45(1)(a) or (b)
have been made in Victoria by the
partner making the application; and
(c) that the domestic partners have lived
20 together in the relationship for a period of at
least 2 years, except as provided by
subsection (3).
(3) Despite subsection (2)(c), a court may make an
order if satisfied--
25 (a) that there is--
(i) a child of the domestic partners; or
(ii) a child accepted by the domestic
partners as one of the family, whether
or not the child is a child of one or both
30 of the partners; or
561144B.I-4/12/2007 28 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 4
(b) that--
(i) failure to make the order would result
in serious injustice to the domestic
partner who applied for the order; and
5 (ii) the partner who applied for the order
has made substantial contributions of
the kind referred to in section 45(1)(a)
or (b) for which that partner would
otherwise not be adequately
10 compensated if the order were not
made.
(4) If a court is satisfied about the matters specified in
subsection (2)(a) and (b), it may make or refuse to
make an order because of facts and circumstances
15 even if those facts and circumstances, or some of
them, occurred before the commencement of this
Part or outside Victoria or both.
43 Time limit for making applications
(1) If domestic partners have ended their domestic
20 relationship, an application to a court for an order
referred to in section 41(1) must be made within
2 years after the day on which the relationship
ended.
(2) A court may grant leave to a domestic partner to
25 apply for an order at any time after the end of the
period referred to in subsection (1) if the court is
satisfied that greater hardship would be caused to
the partner applying if that leave were not granted
than would be caused to the other partner if that
30 leave were granted.
44 Duty of court to end financial relationships
In a proceeding on an application under
section 41, a court, so far as is practicable, must
make orders that will--
561144B.I-4/12/2007 29 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 45
(a) finally determine the financial relationships
between the domestic partners; and
(b) avoid further proceedings between them.
Division 3--Adjustment of interests in property
5 45 Order for adjustment
(1) On an application by a domestic partner under
section 41 for an order to adjust interests with
respect to the property of one or both of the
domestic partners, a court may make an order
10 adjusting the interests of the domestic partners in
the property of one or both of them that seems just
and equitable to it having regard to--
(a) the financial and non-financial contributions
made directly or indirectly by or on behalf of
15 the domestic 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, including any
20 contributions made in the capacity of
homemaker or parent, made by either of the
domestic partners to the welfare of the other
domestic partner or to the welfare of the
family constituted by the partners and one or
25 more of the following--
(i) a child of the partners;
(ii) a child accepted by the partners as one
of the family, whether or not the child
is a child of one or both of the partners;
30 and
(c) the nature and duration of the domestic
relationship; and
(d) any relevant matter referred to in section 51.
561144B.I-4/12/2007 30 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 46
(2) A court may make the order whether or not it has
declared the title or rights of a domestic partner in
respect of the property.
Note
5 See section 59 for the effect of a relationship agreement on
the court's power to make an order under this section.
46 Adjournment of application--likelihood of
significant change in circumstances
(1) A court may adjourn an application for an order
10 under section 45, if the court is of the opinion--
(a) that there is likely to be significant change in
the financial circumstances of one or both of
the partners and that it is reasonable to
adjourn the proceeding having regard to the
15 time when that change is likely to take place;
and
(b) that an order that the court could make with
respect to the property if that significant
change in financial circumstances occurs is
20 more likely to do justice between the
partners than an order that the court could
make immediately.
(2) The court may adjourn the application--
(a) at the request of either partner; and
25 (b) until any time, before the end of a period
specified by the court, that the partner
requesting the adjournment applies for the
application to be determined.
(3) Before a court adjourns an application it may
30 make any order that it considers appropriate with
respect to the property.
561144B.I-4/12/2007 31 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 47
(4) In forming an opinion as to whether there is likely
to be significant change in the financial
circumstances of one or both of the domestic
partners, a court may have regard to any change in
5 the financial circumstances of a partner that may
occur because of a financial resource of one or
both of the partners being vested in or used for the
purposes of one or both of the partners.
(5) Nothing in this section--
10 (a) limits the power of the court to grant an
adjournment in relation to any proceeding
before it; or
(b) requires the court to adjourn any application
in any particular circumstances; or
15 (c) limits the circumstances in which the court
may form the opinion that there is likely to
be a significant change in the financial
circumstances of one or both of the partners.
47 Adjournment of application--proceedings in the
20 Family Court
(1) If a proceeding in relation to the property of one
or both of the domestic partners is commenced in
the Family Court at any time before a court has
made a final order to adjust interests with respect
25 to the property of one or both of the partners, the
court may adjourn its hearing.
(2) If the hearing of the application has been
adjourned, the applicant for the order may apply
to the court for the hearing to proceed if the
30 proceeding in the Family Court is delayed.
(3) Nothing in this section limits the power of the
court to grant or refuse an adjournment in relation
to any proceeding before it.
561144B.I-4/12/2007 32 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 48
48 Deferment of order
If a court is of the opinion that a domestic partner
is likely, within a short period, to become entitled
to property which may be applied in satisfaction
5 of an order under section 45, the court may defer
the operation of the order until the date or the
occurrence of the event specified in the order.
49 Effect of death of party on application
(1) If either party to the application dies before an
10 application for an order under section 45 is
determined, the application may be continued by
or against the legal personal representative of the
deceased party.
(2) A court may make an order if it is of the
15 opinion--
(a) that it would have adjusted interests in
respect of property if the deceased party had
not died; and
(b) that, notwithstanding the death of the
20 deceased party, it is still appropriate to adjust
those interests.
(3) The order may be enforced on behalf of, or
against, the estate of the deceased party.
50 Effect of death of party on order
25 If a party to an application for an order under
section 45 dies after an order is made against the
party, the order may be enforced against the estate
of the deceased party.
561144B.I-4/12/2007 33 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 51
Division 4--Maintenance
51 Order for maintenance
(1) On an application by a domestic partner under
section 41 for an order for maintenance, a court
5 may make the order if satisfied that the applicant
is unable to support himself or herself adequately
because--
(a) the partner's earning capacity has been
adversely affected by the circumstances of
10 the domestic relationship; or
(b) of any other reason arising in whole or part
from the circumstances of the domestic
relationship.
(2) In determining whether to make an order and in
15 fixing any amount to be paid under the order, a
court must have regard to the following--
(a) the income, property and financial resources
of each domestic partner (including, subject
to subsection (3), the rate of any pension,
20 allowance or benefit paid, payable or entitled
to be paid to either partner) and the physical
and mental capacity of each partner for
appropriate gainful employment;
(b) the financial needs and obligations of each
25 domestic partner;
(c) the responsibilities of either domestic partner
to support any other person;
(d) the terms of any order made or proposed to
be made under section 45;
561144B.I-4/12/2007 34 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 51
(e) any payments provided for the maintenance
of--
(i) a child of the domestic partners; or
(ii) a child accepted by the domestic
5 partners as one of the family, whether
or not the child is a child of one or both
of the partners;
(f) the standard of living that is reasonable for
each domestic partner in all the
10 circumstances;
(g) the extent to which the payment of
maintenance to the domestic partner whose
maintenance is under consideration would
increase his or her earning capacity by
15 enabling him or her--
(i) to undertake a course of education or
training; or
(ii) to establish a business; or
(iii) otherwise to obtain adequate income;
20 (h) the extent to which the domestic partner
whose maintenance is under consideration
has contributed to the income, earning
capacity, property and financial resources of
the other partner;
25 (i) the age and state of health of each domestic
partner;
(j) the length of the domestic relationship;
(k) the extent to which the domestic relationship
has affected the earning capacity of the
30 domestic partner whose maintenance is
under consideration;
(l) any other facts or circumstances the court
considers relevant.
561144B.I-4/12/2007 35 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 52
(3) In making an order for maintenance, a court must
disregard any entitlement of the person whose
maintenance is under consideration to an income-
tested pension, allowance or benefit.
5 (4) If, before an application is determined, either
party to the application dies, the application
abates.
Note
See section 59 for the effect of a relationship agreement on
10 the court's power to make an order under this section.
52 Interim maintenance
If, on an application by a domestic partner under
section 41 for an order for maintenance--
(a) it appears to a court that the applicant is in
15 immediate need of financial assistance; and
(b) it is not practicable in the circumstances to
determine immediately if any order should
be made under section 51--
the court may order the payment by the other
20 partner, pending the determination of the
application, of any periodic sum or other sums the
court considers reasonable.
Note
See section 59 for the effect of a relationship agreement on
25 the court's power to make an order under this section.
53 Subsequent relationship or marriage
If domestic partners cease to be in a domestic
relationship, an application to a court for an order
for maintenance cannot be made by a domestic
30 partner who, at the time the application is made--
(a) is in a domestic relationship with another
person; or
(b) has married or remarried.
561144B.I-4/12/2007 36 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 54
54 Cessation of order
(1) An order for maintenance ceases to have effect--
(a) on the death of the domestic partner in
whose favour the order was made; or
5 (b) on the death of the domestic partner against
whom the order was made; or
(c) on the marriage or remarriage of the
domestic partner in whose favour the order
was made; or
10 (d) on the registration under this Act of a
registrable relationship of the domestic
partner in whose favour the order was made.
(2) If a marriage or remarriage or registration under
this Act takes place, the domestic partner must
15 notify the partner against whom the order was
made of the date of the marriage, remarriage or
registration as soon as practicable.
(3) Any money paid under an order for periodic
maintenance in respect of a period occurring after
20 the marriage, remarriage or registration takes
place may be recovered as a debt in a court of
competent jurisdiction by the domestic partner
who made the payment.
(4) If a notification under subsection (2) is not
25 provided or reasonable steps are not taken to
provide the notification, interest is payable on any
money recovered under subsection (3) with effect
from the date of the marriage, remarriage or
registration.
30 (5) The interest payable under subsection (4) must not
be greater than the rate fixed under section 2 of
the Penalty Interest Rates Act 1983 that applies
at the time the court makes the order.
561144B.I-4/12/2007 37 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 55
55 Recovery of arrears
The provisions of this Division do not affect the
recovery of any arrears that are due under an order
for maintenance when the order ceases to have
5 effect.
56 Variation of order for periodic maintenance
(1) On an application by a domestic partner in respect
of whom an order has been made for periodic
maintenance, a court may--
10 (a) subject to subsection (2), discharge the order;
or
(b) suspend the operation of the order wholly or
in part until--
(i) a further order; or
15 (ii) a fixed time; or
(iii) the happening of a future event; or
(c) revive wholly or in part the operation of an
order suspended under paragraph (b); or
(d) subject to subsection (2), vary the terms of
20 the order.
(2) A court must not make an order discharging an
order or increasing or decreasing an amount
payable under an order unless satisfied that it is
justifiable to do so because, since the order was
25 made or last varied--
(a) the circumstances of the domestic partner in
whose favour the order was made have
changed; or
(b) the circumstances of the domestic partner
30 against whom the order was made have
changed; or
(c) the cost of living has changed.
561144B.I-4/12/2007 38 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 57
(3) In satisfying itself for the purpose of
subsection (2)(c), the court must have regard to
any changes occurring during the relevant period
in the Consumer Price Index (All Groups Index)
5 for Melbourne issued by the Australian
Statistician (or, if the regulations prescribe another
economic index for the purposes of this section,
that other index).
(4) In considering the variation of an order, a court
10 must not have regard to a change in the cost of
living unless at least 12 months have elapsed since
the order was made or last varied.
(5) A order increasing or decreasing the amount of a
periodic sum payable under an order may be
15 expressed to be retrospective to any date the court
thinks fit.
(6) For the purposes of this section, a court must have
regard to section 51.
57 Other maintenance orders not to be varied
20 Subject to section 62, an order for maintenance,
other than for periodic maintenance, cannot be
varied.
Division 5--General provisions for property adjustment and
maintenance orders
25 58 Powers of a court
(1) In exercising its powers under this Part, a court
may do any one or more of the following--
(a) order the transfer of property;
(b) order the sale of property and the distribution
30 of the proceeds of sale in any proportions
that the court thinks fit;
561144B.I-4/12/2007 39 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 58
(c) order that any necessary deed or instrument
be executed and that documents of title be
produced or other things be done that are
necessary to enable an order to be carried out
5 effectively or to provide security for the due
performance of an order;
(d) order payment of a lump sum, whether in
one amount or by instalments;
(e) order payment of a weekly, fortnightly,
10 monthly, yearly or other periodic sum;
(f) order that payment of any sum ordered to be
paid be wholly or partly secured in any
manner that the court directs;
(g) appoint or remove trustees;
15 (h) make an order or grant an injunction for
either or both of the following purposes--
(i) for the protection of or otherwise
relating to the property of one or both
of the parties to an application; or
20 (ii) to aid enforcement of any other order
made in respect of an application;
(i) impose terms and conditions;
(j) make an order by consent;
(k) make any other order or grant any other
25 injunction to do justice.
(2) In relation to an application under this Part, a
court may--
(a) make any order or grant any remedy or relief
that it is empowered to make or grant under
30 this or any other Act or any other law; and
561144B.I-4/12/2007 40 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 59
(b) make any order or grant any remedy or relief
under this Part in addition to or in
conjunction with making any other order or
granting any other remedy or relief that it is
5 empowered to make or grant under this Act
or any other Act or any other law.
(3) This section does not take away any other power
of the court under this or any other Act or any
other law.
10 Note
See section 59 for the effect of a relationship agreement on
the court's power to make an order under this section.
59 Effect of relationship agreements
(1) In exercising its powers under this Part in a
15 proceeding, a court must not make an order or do
any other thing that is inconsistent with the terms
of a relationship agreement between the domestic
partners who are parties to the proceeding, if the
court is satisfied that--
20 (a) the agreement is in writing; and
(b) the agreement is signed by the partner
against whom it is sought to be enforced; and
(c) each partner was given a legal practitioner's
certificate before the time at which the
25 partner signed the agreement; and
(d) each legal practitioner's certificate is
endorsed on, annexed to or otherwise
accompanies the agreement.
(2) A legal practitioner's certificate--
30 (a) must be signed by the legal practitioner
giving it; and
(b) must state that the legal practitioner provided
legal advice to the party to whom the
certificate was given, independently of the
561144B.I-4/12/2007 41 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 59
other party to the domestic relationship, as to
the following matters--
(i) the effect of the agreement on the
powers of a court under this Part;
5 (ii) the advantages and disadvantages, at
the time that the advice was provided,
to the party of making the agreement.
(3) If the court is satisfied that there is a relationship
agreement between the domestic partners but it is
10 not satisfied as to any of the matters referred to in
subsection (1)(a), (b), (c) or (d), the court may
make any order or do any other thing that it could
have made or done if there were no relationship
agreement between the partners.
15 (4) In making an order or doing a thing referred to in
subsection (3), the court may have regard to the
terms of the relationship agreement.
(5) Despite subsection (1), a court is not required to
give effect to the terms of a relationship
20 agreement if--
(a) the court is of the opinion that--
(i) the partners have, by their words or
conduct, revoked or consented to the
revocation of the agreement; or
25 (ii) the agreement has otherwise ceased to
have effect; or
(b) the court varies or sets aside the agreement
or the relevant term of the agreement under
section 37.
561144B.I-4/12/2007 42 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 60
60 Execution of instruments by order of a court
(1) If--
(a) a person has refused or neglected to comply
with an order directing the person to execute
5 a deed or instrument; or
(b) for any other reason, a court thinks it
necessary to exercise the powers conferred
on it under this subsection--
the court may appoint an officer of the court or
10 other person to execute the deed or instrument in
the name of the person to whom the direction was
given and to do everything necessary to give
validity and operation to the deed or instrument.
(2) The execution of the deed or instrument by the
15 appointed person has the same force and validity
as if it had been executed by the person directed
by the order to execute it.
(3) A court may make any order it thinks just about
the payment of the costs and expenses of and
20 incidental to the preparation of the deed or
instrument and its execution.
61 Orders and injunctions in the absence of a party
(1) In the case of urgency, a court in the absence of a
party may make an order or grant an injunction for
25 either or both of the purposes specified in
section 58(1)(h).
(2) An application under this section may be made
orally or in writing or in any form the court
considers appropriate.
30 (3) If an application under this section is not made in
writing, the court must not make an order or grant
an injunction unless it considers that it is
necessary to do so because of the extreme urgency
of the case.
561144B.I-4/12/2007 43 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 62
(4) The court may give any directions with respect to
the filing, serving and further hearing of a written
application.
(5) An order or injunction must be expressed to
5 operate or apply only until a specified time or the
further order of the court.
(6) The court may give directions with respect to--
(a) the service of the order or injunction and any
other documents it thinks fit; and
10 (b) the hearing of an application for a further
order.
62 Variation and setting aside of orders
If, on the application of a person in respect of
whom an order under section 45 or 51 has been
15 made, a court is satisfied that--
(a) there has been a miscarriage of justice
because of fraud, duress, suppression of
evidence, the giving of false evidence or any
other circumstances; or
20 (b) in the circumstances that have arisen since
the order was made, it is impracticable for
the order or part of the order to be carried
out; or
(c) a person has failed to carry out an obligation
25 imposed on the person by the order and, in
the circumstances that have arisen as a result
of that failure, it is just and equitable to vary
the order or to set the order aside and make a
substitute order--
30 the court may vary the order or set the order aside
and, if it thinks fit, make an order in substitution
for the order set aside.
561144B.I-4/12/2007 44 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 63
63 Transactions to defeat claims
(1) If a court is satisfied that an existing or anticipated
order in a proceeding under this Part is likely to be
defeated by the making of an instrument or
5 disposition by a party to the proceeding, the court
may set aside or restrain the making of the
instrument or disposition.
(2) The court may order that--
(a) any property dealt with by an instrument or
10 disposition referred to in subsection (1) be
taken in execution, or used or applied in, or
charged with payment of--
(i) any sums payable under an order
adjusting interests in the property of
15 one or more of the parties to the
proceeding; or
(ii) costs; or
(b) the proceeds of a sale be paid into court to
satisfy an order of the court.
20 (3) The court may order a party or a person acting in
collusion with a party to pay the costs of any other
party, or of a purchaser in good faith or other
person interested, of and incidental to the
instrument or disposition and the setting aside or
25 restraining of the instrument or disposition.
(4) For the purposes of this section--
(a) something is made by a person if the thing is
made by or on behalf of, or by direction or in
the interests of, the person; and
30 (b) it does not matter that the document or
disposition is intended to defeat the order
concerned.
561144B.I-4/12/2007 45 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 64
(5) In this section--
disposition includes a sale and a gift.
64 Interests of other parties
(1) In the exercise of its powers under this Part, a
5 court must--
(a) have regard to the interests of a purchaser in
good faith or other person interested; and
(b) make any order proper for the protection of
such a purchaser or person.
10 (2) If it appears to a court that a person may be
affected by an order that may be made in a
proceeding under this Part, the court--
(a) may order that the person be given notice of
the proceeding; or
15 (b) on application by the person, may order that
the person be made a party to the proceeding.
(3) If the person against whom an order is sought is
married, the person applying for the order must
give notice of the proceeding to the spouse of the
20 person against whom the order is sought.
Division 6--Jurisdiction and enforcement
65 Courts having jurisdiction under this Part
A person may apply to--
(a) the Supreme Court; or
25 (b) the County Court; or
(c) the Magistrates' Court--
for an order or relief under this Part.
561144B.I-4/12/2007 46 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 66
66 Transfer of proceedings--jurisdictional limit
exceeded
(1) If a proceeding is instituted in a court with respect
to an interest in property of a value in excess of
5 the court's jurisdictional limit, the court must
transfer the proceeding to a court where the value
is within the jurisdictional limit unless the parties
agree to the first court hearing and determining
the proceeding.
10 (2) A court may transfer a proceeding under
subsection (1) on its own motion, even if the
parties agree to the court hearing and determining
the proceeding.
(3) Before transferring a proceeding, a court may
15 make any orders it considers necessary pending
the disposal of the proceeding by the court to
which the proceeding is transferred.
(4) If a proceeding is transferred to another court, that
court must proceed as if the proceeding had been
20 originally instituted in that court.
(5) Without prejudice to the duty of a court to comply
with this section, failure by the court to comply
does not invalidate any order of the court in the
proceeding.
25 67 Transfer of proceedings--interests of justice
If a proceeding instituted under this Part is
pending in a court and it appears to the court that
it is in the interests of justice that the proceeding
be dealt with in another court, the court may
30 transfer the proceeding to the other court.
68 Proceedings in more than one court
If a proceeding instituted under this Part by or in
relation to a person is pending in a court and it
appears to the court that another proceeding
35 instituted under this Part by or in relation to the
561144B.I-4/12/2007 47 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 69
same person is pending in another court having
jurisdiction under this Part, the first-mentioned
court may--
(a) stay the proceeding pending before it for any
5 period it thinks fit; or
(b) dismiss the proceeding.
69 Courts to act in aid of each other
The Supreme Court, the County Court and the
Magistrates' Court must act in aid of and be
10 auxiliary to each other in all matters under this
Part.
70 Enforcement of orders
(1) If a court having jurisdiction under this Part is
satisfied that a person has knowingly and without
15 reasonable cause contravened an order made or
injunction granted under this Part (not being an
order for the payment of money), the court may
do any one or more of the following--
(a) order the person to pay a penalty not
20 exceeding an amount that is 20 times the
value of a penalty unit fixed by the Treasurer
under section 5(3) of the Monetary Units
Act 2004;
(b) require the person to enter into a bond, with
25 or without sureties, for any reasonable
amount the court thinks fit, that the person
will comply with the order or injunction, or
order the person to be imprisoned until the
person enters into such bond or until the end
30 of 3 months, whichever first occurs;
(c) order the person to give to the court any
documents the court thinks fit;
(d) make any other orders that the court
considers necessary to enforce compliance
35 with the order or injunction.
561144B.I-4/12/2007 48 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 3.3--Property and Maintenance
s. 70
(2) Nothing in subsection (1) affects the power of a
court to punish a person for contempt of court.
(3) If an act or omission referred to in subsection (1)
is an offence against any other law, the person
5 committing the offence may be prosecuted and
convicted under that law, but nothing in this
section renders any person liable to be punished
twice in respect of the same offence.
(4) For the purposes of section 5 of the Crown
10 Proceedings Act 1958 a bond entered into
pursuant to this section is to be treated as a
recognisance.
__________________
561144B.I-4/12/2007 49 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 4.1--General
s. 71
CHAPTER 4--GENERAL AND TRANSITIONAL
PROVISIONS AND CONSEQUENTIAL
AMENDMENTS
PART 4.1--GENERAL
5 71 Regulations
(1) The Governor in Council may make regulations
for or with respect to--
(a) prescribing fees or a basis for calculating
fees for--
10 (i) making an application to register a
registrable relationship;
(ii) making a revocation application;
(iii) access to the Relationships Register;
(iv) a search of the Relationships Register;
15 (v) the issue of a certificate following a
search of the Relationships Register;
(vi) other services provided by the
Registrar;
(b) generally prescribing any other matter or
20 thing required or permitted to be prescribed
or necessary to be prescribed for the
purposes of this Act.
(2) A regulation may impose a penalty not exceeding
20 penalty units for contravention of the
25 regulations.
(3) Regulations made under this Act--
(a) may be of general or limited application;
(b) may differ according to differences in time,
place or circumstances;
561144B.I-4/12/2007 50 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 4.1--General
s. 71
(c) may require the making of a statutory
declaration.
__________________
561144B.I-4/12/2007 51 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 4.2--Repeals, Consequential Amendments and Transitionals
s. 72
PART 4.2--REPEALS, CONSEQUENTIAL AMENDMENTS
AND TRANSITIONALS
72 Repeal of Part IX of the Property Law Act 1958
Part IX of the Property Law Act 1958 is
5 repealed.
73 Consequential amendments
(1) An Act specified in the heading to an item in
Schedule 1 is amended, on the commencement of
that item or a provision of that item, as set out in
10 that item or provision.
(2) This section and Schedule 1 are repealed on
1 December 2009.
Note
The repeal of this section and Schedule 1 does not affect the
15 continuing operation of the amendments made by
Schedule 1 (see section 15(1) of the Interpretation of
Legislation Act 1984).
74 Transitional provisions
(1) Subject to this section, any right or entitlement
20 that a person had under Part IX of the Property
Law Act 1958 immediately before the
commencement day is taken, on and after that
day, to be a right or entitlement of the person
under this Act.
25 (2) Despite its repeal, section 301 of the Property
Law Act 1958, as in force immediately before the
commencement day, continues to apply on and
after that day in relation to any order made or
injunction granted under Part IX of that Act
30 before the commencement day.
(3) If an application for an order under Division 2 of
Part IX of the Property Law Act 1958 was made
before the commencement day but had not been
determined before that day, the application is to
561144B.I-4/12/2007 52 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Part 4.2--Repeals, Consequential Amendments and Transitionals
s. 75
continue to be dealt with on and after that day in
accordance with Part IX of that Act as if that Part
had not been repealed.
(4) In this section--
5 commencement day means the day on which
section 72 comes into operation.
75 Interim fees
(1) The fees in this section are taken to be the
prescribed fees until regulations are made
10 prescribing fees for the purposes of this Act.
(2) The fee for making an application under section 6
to register a registrable relationship is $180.
(3) The fee for making a revocation application is
$58.80.
15 (4) The fee for making an application under
section 19(5) to add registrable information to an
entry in the Relationships Register is $58.80.
(5) The fee for making an application under
section 21(1) for a search of the Relationships
20 Register is $12.90.
(6) The fee for making an application under
section 22(1) for the issue of a certificate
certifying the results of a search of the
Relationships Register is $12.90.
__________________
561144B.I-4/12/2007 53 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
SCHEDULE 1
Section 73
CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
1 Accident Compensation Act 1985
5 1.1 In section 5(1), for the definition of domestic
partner, substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
10 (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
gender);".
15 1.2 For section 5(18), substitute--
"(18) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
20 2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
25 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case.".
561144B.I-4/12/2007 54 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
2 Administration and Probate Act 1958
2.1 In section 3(1)--
(a) for the definition of domestic partner
substitute--
5 "domestic partner of a person who dies
means a registered domestic partner or
an unregistered domestic partner of that
person;";
(b) insert the following definitions--
10 "registered domestic partner of a person
who dies means a person who, at the
time of the person's death, was in a
registered relationship with the person
within the meaning of the
15 Relationships Act 2007;
unregistered domestic partner of a person
who dies means a person (other than a
registered domestic partner of the
person) who, although not married to
20 the person--
(a) was living with the person at the
time of the person's death as a
couple on a genuine domestic
basis (irrespective of gender); or
25 (b) either--
(i) had lived with the person in
that manner continuously for
a period of at least 2 years
immediately before the
30 person's death; or
(ii) is the parent of a child of the
person, being a child who
was under 18 years of age at
the time of the person's
35 death.".
561144B.I-4/12/2007 55 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
2.2 For section 3(3) substitute--
"(3) For the purposes of the definition of
unregistered domestic partner in
subsection (1), in determining whether
5 persons were unregistered domestic partners
of 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
10 Relationships Act 2007 as may be relevant
in a particular case.".
2.3 For section 51A substitute--
"51A Distribution if more than one partner
(1) If an intestate leaves both a spouse or
15 registered domestic partner and an
unregistered domestic partner, the
entitlement to the partner's share of the
intestate's residuary estate is to be
determined in accordance with the following
20 table.
TABLE
Period that
unregistered
domestic partner Spouse or
has lived as registered Unregistered
domestic partner domestic domestic
of intestate partner's partner's
continuously entitlement entitlement
before intestate's to partner's to partner's
death share share
less than 4 years two-thirds one-third
4 years or more but half half
less than 5 years
5 years or more but one-third two-thirds
less than 6 years
6 years or more none all
561144B.I-4/12/2007 56 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
Note
There is a minimum requirement that the unregistered
domestic partner lived with the intestate continuously
for at least 2 years immediately before the intestate's
5 death, unless the domestic partner is the parent of a
child of the intestate who was under 18 at the time of
the intestate's death--see definition of unregistered
domestic partner in section 3(1).
(2) In this section--
10 partner's share of an intestate's residuary
estate means the share of the estate to
which the partner of the intestate is
entitled under this Division.".
3 Alcoholics and Drug-dependent Persons Act 1968
15 3.1 In section 3(1), for the definition of domestic
partner, substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
20 (b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
or financial commitment and support of
25 a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
include a person who provides
30 domestic support and personal care to
the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
organisation (including a
35 government or government
agency, a body corporate or a
561144B.I-4/12/2007 57 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
charitable or benevolent
organisation);".
3.2 For section 3(3), substitute--
"(3) For the purposes of the definition of
5 domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
10 are not in a registered 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 the matters referred to in
15 section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case; and
(c) a person is not a domestic partner of
another person only because they are
20 co-tenants.".
4 Births, Deaths and Marriages Registration Act 1996
4.1 In section 5, after "this Act" insert "and the
Relationships Act 2007".
4.2 In section 6(a), after "this Act" insert "and the
25 Relationships Act 2007".
4.3 In section 6(b)--
(a) after "this Act" insert "and the
Relationships Act 2007";
(b) for "it operates" substitute "they operate".
30 4.4 In section 6(c)--
(a) for "is" substitute "and the Relationships
Act 2007 are";
561144B.I-4/12/2007 58 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(b) for "its objects" substitute "the objects of
this Act and the Relationships Act 2007".
4.5 In section 7, after "this Act" insert "and the
Relationships Act 2007".
5 4.6 In section 8, after "this Act" insert "and the
Relationships Act 2007".
5 Catchment and Land Protection Act 1994
5.1 In section 3, for the definition of domestic
partner, substitute--
10 "domestic partner of a person in sections 18H
and 18L means--
(a) a person who is in a registered
relationship with the person; or
(b) an adult person to whom the person is
15 not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
or financial commitment and support of
a domestic nature for the material
20 benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
include a person who provides
domestic support and personal care to
25 the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
organisation (including a
government or government
30 agency, a body corporate or a
charitable or benevolent
organisation);".
561144B.I-4/12/2007 59 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
5.2 At the end of section 3 insert--
"(2) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
5 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
10 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
2007 as may be relevant in a particular
15 case; and
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
6 Children, Youth and Families Act 2005
20 6.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
25 (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
gender);".
561144B.I-4/12/2007 60 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
6.2 For section 3(2) substitute--
"(2) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
5 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
10 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
2007 as may be relevant in a particular
15 case.".
7 Confiscation Act 1997
7.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
20 (a) a person who is in a registered
relationship with the person; or
(b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
25 one or each of them provides personal
or financial commitment and support of
a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
30 living under the same roof, but does not
include a person who provides
domestic support and personal care to
the person--
(i) for fee or reward; or
561144B.I-4/12/2007 61 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(ii) on behalf of another person or an
organisation (including a
government or government
agency, a body corporate or a
5 charitable or benevolent
organisation);".
7.2 For section 3(3) substitute--
"(3) For the purposes of the definition of
domestic partner in subsection (1)--
10 (a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
15 domestic partners of 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
20 2007 as may be relevant in a particular
case; and
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
25 8 Conservation, Forests and Lands Act 1987
8.1 In section 56(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
30 relationship with the person; or
(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
35 gender);".
561144B.I-4/12/2007 62 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
8.2 For section 56(2) substitute--
"(2) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
5 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
10 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
2007 as may be relevant in a particular
15 case.".
9 Conveyancers Act 2006
9.1 For section 6(3) substitute--
"(3) In subsection (2)(b), domestic partner of a
person means--
20 (a) a person who is in a registered
relationship with the person; or
(b) a person to whom the person is not
married but with whom the person is
living as a couple on a genuine
25 domestic basis (irrespective of
gender).".
9.2 After section 6(3) insert--
"(4) For the purposes of the definition of
domestic partner in subsection (3)--
30 (a) registered relationship has the same
meaning as in the Relationships Act
2007; and
561144B.I-4/12/2007 63 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
5 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case.".
10 10 Co-operative Housing Societies Act 1958
10.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
15 relationship with the person; or
(b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
20 or financial commitment and support of
a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
25 include a person who provides
domestic support and personal care to
the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
30 organisation (including a
government or government
agency, a body corporate or a
charitable or benevolent
organisation);".
561144B.I-4/12/2007 64 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
10.2 For section 3(6) substitute--
"(6) For the purposes of the definition of
domestic partner in section 3(1)--
(a) registered relationship has the same
5 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
10 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
2007 as may be relevant in a particular
15 case; and
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
11 Coroners Act 1985
20 11.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
25 (b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
or financial commitment and support of
30 a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
include a person who provides
561144B.I-4/12/2007 65 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
domestic support and personal care to
the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
5 organisation (including a
government or government
agency, a body corporate or a
charitable or benevolent
organisation);".
10 11.2 For section 3(2) substitute--
"(2) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
15 2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
20 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case; and
25 (c) a person is not a domestic partner of
another person only because they are
co-tenants.".
12 Corrections Act 1986
12.1 In section 3(1), for the definition of domestic
30 partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
561144B.I-4/12/2007 66 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
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);".
12.2 For section 3(2) substitute--
"(2) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
10 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
15 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
2007 as may be relevant in a particular
20 case.".
13 Country Fire Authority Act 1958
13.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
25 (a) a person who is in a registered
relationship with the person; or
(b) a person to whom the person is not
married but with whom the person is
living as a couple on a genuine
30 domestic basis (irrespective of
gender);".
561144B.I-4/12/2007 67 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
13.2 For section 3(2) substitute--
"(2) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
5 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
10 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
2007 as may be relevant in a particular
15 case.".
14 Crimes (Family Violence) Act 1987
14.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
20 (a) a person who is in a registered
relationship with the person; or
(b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
25 one or each of them provides personal
or financial commitment and support of
a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
30 living under the same roof, but does not
include a person who provides
domestic support and personal care to
the person--
(i) for fee or reward; or
561144B.I-4/12/2007 68 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(ii) on behalf of another person or an
organisation (including a
government or government
agency, a body corporate or a
5 charitable or benevolent
organisation);".
14.2 For section 3(3) substitute--
"(3) For the purposes of the definition of
domestic partner in subsection (1)--
10 (a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
15 domestic partners of 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
20 2007 as may be relevant in a particular
case; and
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
25 15 Crimes (Mental Impairment and Unfitness to be
Tried) Act 1997
15.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
30 (a) a person who is in a registered
relationship with the person; or
(b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
35 one or each of them provides personal
561144B.I-4/12/2007 69 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
or financial commitment and support of
a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
5 living under the same roof, but does not
include a person who provides
domestic support and personal care to
the person--
(i) for fee or reward; or
10 (ii) on behalf of another person or an
organisation (including a
government or government
agency, a body corporate or a
charitable or benevolent
15 organisation);".
15.2 For section 3(2) substitute--
"(2) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
20 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
25 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
2007 as may be relevant in a particular
30 case; and
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
561144B.I-4/12/2007 70 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
16 Crimes Act 1958
16.1 In section 35(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
5 (a) a person who is in a registered
relationship with the person; or
(b) a person to whom the person is not
married but with whom the person is
living as a couple on a genuine
10 domestic basis (irrespective of
gender);".
16.2 For section 35(1A) substitute--
"(1A) For the purposes of the definition of
domestic partner in subsection (1)--
15 (a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
20 domestic partners of 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
25 2007 as may be relevant in a particular
case.".
17 Duties Act 2000
17.1 In section 3(1), for the definition of domestic
relationship substitute--
30 "domestic relationship means--
(a) a registered relationship; or
(b) a relationship between two persons who
are not married to each other but who
561144B.I-4/12/2007 71 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
are living together as a couple on a
genuine domestic basis (irrespective of
gender);".
17.2 For section 3(3), substitute--
5 "(3) For the purposes of the definition of
domestic relationship in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
2007; and
10 (b) in determining whether persons who
are not in a registered relationship are
in a domestic relationship, all the
circumstances of their relationship are
to be taken into account, including any
15 one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case.".
18 Education and Training Reform Act 2006
20 18.1 In section 5.6.1(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
25 (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
gender);".
561144B.I-4/12/2007 72 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
18.2 For section 5.6.1(2) substitute--
"(2) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
5 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
10 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
2007 as may be relevant in a particular
15 case.".
19 Emergency Services Superannuation Act 1986
19.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
20 (a) a person who is, or was at the time of
the person's death, in a registered
relationship with the person; or
(b) a person to whom the person is not
married but with whom, in the opinion
25 of the Board, the person is, or was at
the time of the person's death, living as
a couple on a genuine domestic basis
(irrespective of gender);".
19.2 For section 3(2) substitute--
30 "(2) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
2007; and
561144B.I-4/12/2007 73 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(b) in determining whether persons who
are not or were not in a registered
relationship are or were domestic
partners of each other, all the
5 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
2007 as may be relevant in a particular
10 case.".
20 Equal Opportunity Act 1995
20.1 In section 4(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
15 (a) a person who is in a registered
relationship with the person; or
(b) a person to whom the person is not
married but with whom the person is
living as a couple on a genuine
20 domestic basis (irrespective of
gender);".
20.2 For section 4(2) substitute--
"(2) For the purposes of the definition of
domestic partner in subsection (1)--
25 (a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
30 domestic partners of 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
561144B.I-4/12/2007 74 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
2007 as may be relevant in a particular
case.".
21 Estate Agents Act 1980
21.1 In section 4(1), for the definition of domestic
5 partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
(b) an adult person to whom the person is
10 not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
or financial commitment and support of
a domestic nature for the material
15 benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
include a person who provides
domestic support and personal care to
20 the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
organisation (including a
government or government
25 agency, a body corporate or a
charitable or benevolent
organisation);".
21.2 For section 4(2) substitute--
"(2) For the purposes of the definition of
30 domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
2007; and
561144B.I-4/12/2007 75 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
5 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case; and
10 (c) a person is not a domestic partner of
another person only because they are
co-tenants.".
22 Fair Trading Act 1999
22.1 In section 32SA(4), for the definition of domestic
15 partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
(b) an adult person to whom the person is
20 not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
or financial commitment and support of
a domestic nature for the material
25 benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
include a person who provides
domestic support and personal care to
30 the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
organisation (including a
government or government
35 agency, a body corporate or a
561144B.I-4/12/2007 76 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
charitable or benevolent
organisation);".
22.2 For section 32SA(5) substitute--
"(5) For the purposes of the definition of
5 domestic partner in subsection (4)--
(a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
10 are not in a registered 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 the matters referred to in
15 section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case; and
(c) a person is not a domestic partner of
another person only because they are
20 co-tenants.".
23 Firearms Act 1996
23.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
25 (a) a person who is in a registered
relationship with the person; or
(b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
30 one or each of them provides personal
or financial commitment and support of
a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
35 living under the same roof, but does not
561144B.I-4/12/2007 77 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
include a person who provides
domestic support and personal care to
the person--
(i) for fee or reward; or
5 (ii) on behalf of another person or an
organisation (including a
government or government
agency, a body corporate or a
charitable or benevolent
10 organisation);".
23.2 For section 3(1A) substitute--
"(1A) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
15 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
20 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
2007 as may be relevant in a particular
25 case; and
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
24 First Home Owner Grant Act 2000
30 24.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
561144B.I-4/12/2007 78 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
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);".
24.2 For section 3(2) substitute--
"(2) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
10 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
15 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
2007 as may be relevant in a particular
20 case.".
25 Freedom of Information Act 1982
25.1 In section 5(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
25 (a) a person who is in a registered
relationship with the person; or
(b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
30 one or each of them provides personal
or financial commitment and support of
a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
35 living under the same roof, but does not
561144B.I-4/12/2007 79 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
include a person who provides
domestic support and personal care to
the person--
(i) for fee or reward; or
5 (ii) on behalf of another person or an
organisation (including a
government or government
agency, a body corporate or a
charitable or benevolent
10 organisation);".
25.2 For section 5(5) substitute--
"(5) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
15 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
20 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
2007 as may be relevant in a particular
25 case; and
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
26 Gambling Regulation Act 2003
30 26.1 In section 1.3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
561144B.I-4/12/2007 80 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
5 or financial commitment and support of
a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
10 include a person who provides
domestic support and personal care to
the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
15 organisation (including a
government or government
agency, a body corporate or a
charitable or benevolent
organisation);".
20 26.2 For section 1.3(2) substitute--
"(2) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
25 2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
30 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case; and
561144B.I-4/12/2007 81 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
27 Guardianship and Administration Act 1986
5 27.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
10 (b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
or financial commitment and support of
15 a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
include a person who provides
20 domestic support and personal care to
the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
organisation (including a
25 government or government
agency, a body corporate or a
charitable or benevolent
organisation);".
27.2 For section 3(4) substitute--
30 "(4) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
2007; and
561144B.I-4/12/2007 82 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
5 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case; and
10 (c) a person is not a domestic partner of
another person only because they are
co-tenants.".
28 Health Act 1958
28.1 In section 3(1), insert the following definition--
15 "domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
(b) a person to whom the person is not
married but with whom the person is
20 living as a couple on a genuine
domestic basis (irrespective of
gender);".
28.2 For section 3(3) substitute--
"(3) For the purposes of the definition of
25 domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
30 are not in a registered 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 the matters referred to in
35 section 35(2) of the Relationships Act
561144B.I-4/12/2007 83 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
2007 as may be relevant in a particular
case.".
28.3 In section 131, the definition of domestic partner
is repealed.
5 29 Health Records Act 2001
29.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
10 relationship with the person; or
(b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
15 or financial commitment and support of
a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
20 include a person who provides
domestic support and personal care to
the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
25 organisation (including a
government or government
agency, a body corporate or a
charitable or benevolent
organisation);".
561144B.I-4/12/2007 84 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
29.2 For section 3(3) substitute--
"(3) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
5 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
10 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
2007 as may be relevant in a particular
15 case; and
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
30 Health Services Act 1988
20 30.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
25 (b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
or financial commitment and support of
30 a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
include a person who provides
561144B.I-4/12/2007 85 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
domestic support and personal care to
the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
5 organisation (including a
government or government
agency, a body corporate or a
charitable or benevolent
organisation);".
10 30.2 For section 3(3) substitute--
"(3) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
15 2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
20 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case; and
25 (c) a person is not a domestic partner of
another person only because they are
co-tenants.".
31 Human Tissue Act 1982
31.1 In section 3(1), for the definition of domestic
30 partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
561144B.I-4/12/2007 86 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
5 or financial commitment and support of
a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
10 include a person who provides
domestic support and personal care to
the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
15 organisation (including a
government or government
agency, a body corporate or a
charitable or benevolent
organisation);".
20 31.2 For section 3(4) substitute--
"(4) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
25 2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
30 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case; and
561144B.I-4/12/2007 87 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
32 Land Acquisition and Compensation Act 1986
5 32.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
10 (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
gender);".
15 32.2 For section 3(1A) substitute--
"(1A) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
20 2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
25 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case.".
561144B.I-4/12/2007 88 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
33 Land Act 1958
33.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
5 (a) a person who is in a registered
relationship with the person; or
(b) a person to whom the person is not
married but with whom the person is
living as a couple on a genuine
10 domestic basis (irrespective of
gender);".
33.2 For section 3(2) substitute--
"(2) For the purposes of the definition of
domestic partner in subsection (1)--
15 (a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
20 domestic partners of 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
25 2007 as may be relevant in a particular
case.".
34 Land Tax Act 2005
34.1 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
relationship with the person; or
561144B.I-4/12/2007 89 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
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);".
34.2 For section 3(2) substitute--
"(2) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
10 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
15 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
2007 as may be relevant in a particular
20 case.".
35 Landlord and Tenant Act 1958
35.1 In section 43(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
25 (a) a person who is in a registered
relationship with the person; or
(b) a person to whom the person is not
married but with whom the person is
living as a couple on a genuine
30 domestic basis (irrespective of
gender);".
561144B.I-4/12/2007 90 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
35.2 For section 43(7) substitute--
"(7) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
5 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
10 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
2007 as may be relevant in a particular
15 case.".
36 Legal Profession Act 2004
36.1 In section 1.2.1(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
20 (a) a person who is in a registered
relationship with the person; or
(b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
25 one or each of them provides personal
or financial commitment and support of
a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
30 living under the same roof, but does not
include a person who provides
domestic support and personal care to
the person--
(i) for fee or reward; or
561144B.I-4/12/2007 91 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(ii) on behalf of another person or an
organisation (including a
government or government
agency, a body corporate or a
5 charitable or benevolent
organisation);".
36.2 For section 1.2.1(2) substitute--
"(2) For the purposes of the definition of
domestic partner in subsection (1)--
10 (a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
15 domestic partners of 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
20 2007 as may be relevant in a particular
case; and
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
25 37 Liquor Control Reform Act 1998
37.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
30 relationship with the person; or
(b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
35 or financial commitment and support of
561144B.I-4/12/2007 92 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
5 include a person who provides
domestic support and personal care to
the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
10 organisation (including a
government or government
agency, a body corporate or a
charitable or benevolent
organisation);".
15 37.2 After section 3(2) insert--
"(3) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
20 2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
25 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case; and
30 (c) a person is not a domestic partner of
another person only because they are
co-tenants.".
561144B.I-4/12/2007 93 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
38 Local Government Act 1989
For section 78(4) and (5) substitute--
"(4) In this section--
domestic partner of a person means--
5 (a) a person who is in a registered
relationship with the person; or
(b) an adult person to whom the
person is not married but with
whom the person is in a
10 relationship as a couple where one
or each of them provides personal
or financial commitment and
support of a domestic nature for
the material benefit of the other,
15 irrespective of their genders and
whether or not they are living
under the same roof, but does not
include a person who provides
domestic support and personal
20 care to the person--
(i) for fee or reward; or
(ii) on behalf of another person
or an organisation (including
a government or government
25 agency, a body corporate or
a charitable or benevolent
organisation).
(5) For the purposes of the definition of
domestic partner in subsection (4)--
30 (a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
35 domestic partners of each other, all the
561144B.I-4/12/2007 94 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
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
5 2007 as may be relevant in a particular
case; and
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
10 39 Magistrates' Court Act 1989
39.1 For section 3A(2)(a) substitute--
"(a) domestic partner of a person means--
(i) a person who is in a registered
relationship with the person; or
15 (ii) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
or financial commitment and support of
20 a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
include a person who provides
25 domestic support and personal care to
the person--
(A) for fee or reward; or
(B) on behalf of another person or an
organisation (including a
30 government or government
agency, a body corporate or a
charitable or benevolent
organisation);".
561144B.I-4/12/2007 95 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
39.2 For section 3A(3) substitute--
"(3) For the purposes of the definition of
domestic partner in subsection (2)--
(a) registered relationship has the same
5 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
10 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
2007 as may be relevant in a particular
15 case; and
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
40 Meat Industry Act 1993
20 40.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
25 (b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
or financial commitment and support of
30 a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
include a person who provides
561144B.I-4/12/2007 96 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
domestic support and personal care to
the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
5 organisation (including a
government or government
agency, a body corporate or a
charitable or benevolent
organisation);".
10 40.2 For section 3(2) substitute--
"(2) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
15 2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
20 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case; and
25 (c) a person is not a domestic partner of
another person only because they are
co-tenants.".
41 Motor Car Traders Act 1986
41.1 In section 3(1), for the definition of domestic
30 partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
561144B.I-4/12/2007 97 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
5 or financial commitment and support of
a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
10 include a person who provides
domestic support and personal care to
the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
15 organisation (including a
government or government
agency, a body corporate or a
charitable or benevolent
organisation);".
20 41.2 For section 3(10) substitute--
"(10) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
25 2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
30 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case; and
561144B.I-4/12/2007 98 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
42 Municipalities Assistance Act 1973
5 42.1 In section 2(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
10 (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
gender);".
15 42.2 For section 2(2) substitute--
"(2) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
20 2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
25 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case.".
30 42.3 In section 2(3)(i), for "rent" substitute "rate".
561144B.I-4/12/2007 99 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
43 Parliamentary Salaries and Superannuation
Act 1968
43.1 In section 10(1), for the definition of domestic
partner substitute--
5 "domestic partner of a person means--
(a) a person who is, or was at the time of
the person's death, in a registered
relationship with the person; or
(b) a person to whom the person is not
10 married but with whom, in the opinion
of the Board, the person is, or was at
the time of the person's death, living as
a couple on a genuine domestic basis
(irrespective of gender);".
15 43.2 For section 10(1A) substitute--
"(1A) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
20 2007; and
(b) in determining whether persons who
are not or were not in a registered
relationship are or were domestic
partners of each other, all the
25 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
2007 as may be relevant in a particular
30 case.".
43.3 In section 21A(5)(d), after "domestic relationship"
insert "or registered relationship".
43.4 In section 21A(9), for "275(2) of the Property
Law Act 1958" substitute "35(2) of the
35 Relationships Act 2007".
561144B.I-4/12/2007 100 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
43.5 After section 21A(9) insert--
"(9A) Subsections (6), (7), (8) and (9) do not apply
to a person who had a registered relationship
with a deceased person at the time of the
5 death.".
43.6 In section 21A(10), in the definition of former
domestic partner, after "domestic relationship"
insert "or registered relationship".
44 Partnership Act 1958
10 44.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
15 (b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
or financial commitment and support of
20 a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
include a person who provides
25 domestic support and personal care to
the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
organisation (including a
30 government or government
agency, a body corporate or a
charitable or benevolent
organisation);".
561144B.I-4/12/2007 101 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
44.2 For section 3(2) substitute--
"(2) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
5 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
10 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
2007 as may be relevant in a particular
15 case; and
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
45 Payroll Tax Act 2007
20 45.1 In section 73(4), for the definition of domestic
partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
25 (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
gender);".
561144B.I-4/12/2007 102 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
45.2 For section 73(5) substitute--
"(5) For the purposes of the definition of
domestic partner in subsection (4)--
(a) registered relationship has the same
5 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
10 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
2007 as may be relevant in a particular
15 case.".
46 Perpetuities and Accumulations Act 1968
46.1 In section 2(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
20 (a) a person who is in a registered
relationship with the person; or
(b) a person to whom the person is not
married but with whom the person is
living as a couple on a genuine
25 domestic basis (irrespective of
gender);".
46.2 For section 2(4) substitute--
"(4) For the purposes of the definition of
domestic partner in subsection (1)--
30 (a) registered relationship has the same
meaning as in the Relationships Act
2007; and
561144B.I-4/12/2007 103 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
5 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case.".
10 47 Police Assistance Compensation Act 1968
47.1 In section 2(1A), for "subsection (1)" substitute
"this section".
47.2 In section 2(1A), for the definition of domestic
partner substitute--
15 "domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
(b) a person to whom the person is not
married but with whom the person is
20 living as a couple on a genuine
domestic basis (irrespective of
gender);".
47.3 For section 2(1B) substitute--
"(1B) For the purposes of the definition of
25 domestic partner in subsection (1A)--
(a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
30 are not in a registered 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 the matters referred to in
35 section 35(2) of the Relationships Act
561144B.I-4/12/2007 104 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
2007 as may be relevant in a particular
case.".
48 Port Services Act 1995
48.1 In section 3(1), for the definition of domestic
5 partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
(b) a person to whom the person is not
10 married but with whom the person is
living as a couple on a genuine
domestic basis (irrespective of
gender);".
48.2 For section 3(2) substitute--
15 "(2) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
2007; and
20 (b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
to be taken into account, including any
25 one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case.".
561144B.I-4/12/2007 105 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
49 Prostitution Control Act 1994
49.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
5 (a) a person who is in a registered
relationship with the person; or
(b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
10 one or each of them provides personal
or financial commitment and support of
a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
15 living under the same roof, but does not
include a person who provides
domestic support and personal care to
the person--
(i) for fee or reward; or
20 (ii) on behalf of another person or an
organisation (including a
government or government
agency, a body corporate or a
charitable or benevolent
25 organisation);".
49.2 For section 3(2) substitute--
"(2) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
30 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
35 circumstances of their relationship are
561144B.I-4/12/2007 106 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
5 case; and
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
50 Racing Act 1958
10 50.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
15 (b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
or financial commitment and support of
20 a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
include a person who provides
25 domestic support and personal care to
the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
organisation (including a
30 government or government
agency, a body corporate or a
charitable or benevolent
organisation);".
561144B.I-4/12/2007 107 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
50.2 For section 3(1A) substitute--
"(1A) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
5 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
10 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
2007 as may be relevant in a particular
15 case; and
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
51 Residential Tenancies Act 1997
20 51.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
25 (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
gender);".
561144B.I-4/12/2007 108 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
51.2 For section 3(3) substitute--
"(3) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
5 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
10 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
2007 as may be relevant in a particular
15 case.".
52 Retirement Villages Act 1986
52.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
20 (a) a person who is in a registered
relationship with the person; or
(b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
25 one or each of them provides personal
or financial commitment and support of
a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
30 living under the same roof, but does not
include a person who provides
domestic support and personal care to
the person--
561144B.I-4/12/2007 109 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(i) for fee or reward; or
(ii) on behalf of another person or an
organisation (including a
government or government
5 agency, a body corporate or a
charitable or benevolent
organisation);".
52.2 For section 3(3) substitute--
"(3) For the purposes of the definition of
10 domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
15 are not in a registered 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 the matters referred to in
20 section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case; and
(c) a person is not a domestic partner of
another person only because they are
25 co-tenants.".
53 Road Safety Act 1986
53.1 In section 16B(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
30 (a) a person who is in a registered
relationship with the person; or
(b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
561144B.I-4/12/2007 110 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
one or each of them provides personal
or financial commitment and support of
a domestic nature for the material
benefit of the other, irrespective of their
5 genders and whether or not they are
living under the same roof, but does not
include a person who provides
domestic support and personal care to
the person--
10 (i) for fee or reward; or
(ii) on behalf of another person or an
organisation (including a
government or government
agency, a body corporate or a
15 charitable or benevolent
organisation);".
53.2 For section 16B(4) substitute--
"(4) For the purposes of the definition of
domestic partner in subsection (1)--
20 (a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
25 domestic partners of 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
30 2007 as may be relevant in a particular
case; and
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
561144B.I-4/12/2007 111 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
54 Sale of Land Act 1962
54.1 In section 2(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
5 (a) a person who is in a registered
relationship with the person; or
(b) a person to whom the person is not
married but with whom the person is
living as a couple on a genuine
10 domestic basis (irrespective of
gender);".
54.2 For section 2(1A) substitute--
"(1A) For the purposes of the definition of
domestic partner in subsection (1)--
15 (a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
20 domestic partners of 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
25 2007 as may be relevant in a particular
case.".
55 Second-Hand Dealers and Pawnbrokers Act 1989
55.1 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
relationship with the person; or
561144B.I-4/12/2007 112 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
5 or financial commitment and support of
a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
10 include a person who provides
domestic support and personal care to
the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
15 organisation (including a
government or government
agency, a body corporate or a
charitable or benevolent
organisation);".
20 55.2 For section 3(3) substitute--
"(3) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
25 2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
30 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case; and
561144B.I-4/12/2007 113 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
56 Sentencing Act 1991
5 56.1 In section 83D(1), for the definition of domestic
partner substitute--
"domestic partner of an offender means--
(a) a person who is in a registered
relationship with the offender; or
10 (b) a person to whom the offender is not
married but with whom, in the opinion
of the court, the offender is living as a
couple on a genuine domestic basis
(irrespective of gender);".
15 56.2 After section 83D(3) insert--
"(4) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
20 2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
25 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case.".
561144B.I-4/12/2007 114 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
57 State Employees Retirement Benefits Act 1979
57.1 In section 2(1), for the definition of domestic
partner substitute--
"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
relationship with the person; or
(b) a person to whom the person is not
married but with whom, in the opinion
10 of the Board, the person is, or was at
the time of the person's death, living as
a couple on a genuine domestic basis
(irrespective of gender);".
57.2 For section 2(6) substitute--
15 "(6) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
2007; and
20 (b) in determining whether persons who
are not or were not in a registered
relationship are or were domestic
partners of each other, all the
circumstances of their relationship are
25 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case.".
561144B.I-4/12/2007 115 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
58 State Superannuation Act 1988
58.1 In section 3(1), for the definition of domestic
partner substitute--
"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
relationship with the person; or
(b) a person to whom the person is not
married but with whom, in the opinion
10 of the Board, the person is, or was at
the time of the person's death, living as
a couple on a genuine domestic basis
(irrespective of gender);".
58.2 For section 3(8) substitute--
15 "(8) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
2007; and
20 (b) in determining whether persons who
are not or were not in a registered
relationship are or were domestic
partners of each other, all the
circumstances of their relationship are
25 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case.".
561144B.I-4/12/2007 116 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
59 Superannuation (Portability) Act 1989
59.1 In section 3(1), for the definition of domestic
partner substitute--
"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
relationship with the person; or
(b) a person to whom the person is not
married but with whom, in the opinion
10 of the administrators, the person is, or
was at the time of the person's death,
living as a couple on a genuine
domestic basis (irrespective of
gender);".
15 59.2 For section 3(4) (where secondly occurring)
substitute--
"(6) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
20 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not or were not in a registered
relationship are or were domestic
25 partners of 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
30 2007 as may be relevant in a particular
case.".
561144B.I-4/12/2007 117 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
60 Transport Accident Act 1986
60.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
5 (a) a person who is in a registered
relationship with the person; or
(b) a person to whom the person is not
married but with whom the person is
living as a couple on a genuine
10 domestic basis (irrespective of
gender);".
60.2 For section 3(6) substitute--
"(6) For the purposes of the definition of
domestic partner in subsection (1)--
15 (a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
20 domestic partners of 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
25 2007 as may be relevant in a particular
case.".
61 Transport Superannuation Act 1988
61.1 In section 3(1), for the definition of domestic
partner substitute--
30 "domestic partner of a person means--
(a) a person who is, or was at the time of
the person's death, in a registered
relationship with the person; or
561144B.I-4/12/2007 118 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(b) a person to whom the person is not
married but with whom, in the opinion
of the Board, 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);".
61.2 For section 3(5) substitute--
"(5) For the purposes of the definition of
domestic partner in subsection (1)--
10 (a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not or were not in a registered
15 relationship are or were domestic
partners of 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
20 section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case.".
62 Trustee Companies Act 1984
62.1 In section 4(1), for the definition of domestic
25 partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
(b) an adult person to whom the person is
30 not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
or financial commitment and support of
a domestic nature for the material
35 benefit of the other, irrespective of their
561144B.I-4/12/2007 119 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
genders and whether or not they are
living under the same roof, but does not
include a person who provides
domestic support and personal care to
5 the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
organisation (including a
government or government
10 agency, a body corporate or a
charitable or benevolent
organisation);".
62.2 For section 4(5) substitute--
"(5) For the purposes of the definition of
15 domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
20 are not in a registered 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 the matters referred to in
25 section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case; and
(c) a person is not a domestic partner of
another person only because they are
30 co-tenants.".
561144B.I-4/12/2007 120 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
63 Victorian Workers' Wages Protection Act 2007
63.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
5 (a) a person who is in a registered
relationship with the person; or
(b) a person to whom the person is not
married but with whom the person is
living as a couple on a genuine
10 domestic basis (irrespective of
gender);".
63.2 For section 3(2) substitute--
"(2) For the purposes of the definition of
domestic partner in subsection (1)--
15 (a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
20 domestic partners of 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
25 2007 as may be relevant in a particular
case.".
64 Victims of Crime Assistance Act 1996
64.1 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
relationship with the person; or
561144B.I-4/12/2007 121 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
5 or financial commitment and support of
a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
10 include a person who provides
domestic support and personal care to
the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
15 organisation (including a
government or government
agency, a body corporate or a
charitable or benevolent
organisation);".
20 64.2 For section 3(4) substitute--
"(4) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
25 2007; and
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
30 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case; and
561144B.I-4/12/2007 122 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
65 Water Act 1989
5 65.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
(a) in sections 110 and 114--
(i) a person who is in a registered
10 relationship with the person; or
(ii) an adult person to whom the
person is not married but with
whom the person is in a
relationship as a couple where one
15 or each of them provides personal
or financial commitment and
support of a domestic nature for
the material benefit of the other,
irrespective of their genders and
20 whether or not they are living
under the same roof, but does not
include a person who provides
domestic support and personal
care to the person--
25 (A) for fee or reward; or
(B) on behalf of another person
or an organisation (including
a government or government
agency, a body corporate or
30 a charitable or benevolent
organisation);
(b) in section 128--
(i) a person who is in a registered
relationship with the person; or
561144B.I-4/12/2007 123 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(ii) a person to whom the person is
not married but with whom the
person is, or was at the time of the
person's death, living as a couple
5 on a genuine domestic basis
(irrespective of gender);".
65.2 For section 3(3) substitute--
"(3) For the purposes of the definition of
domestic partner in subsection (1)--
10 (a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
are not in a registered relationship are
15 domestic partners of 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
20 2007 as may be relevant in a particular
case; and
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
25 66 Wills Act 1997
66.1 In section 3(1), for the definition of domestic
partner substitute--
"domestic partner of a deceased person means--
(a) a person who was at the date of death in
30 a registered relationship with the
person; or
(b) a person to whom the person was not
married but with whom the deceased
person was living at the date of death as
561144B.I-4/12/2007 124 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
a couple on a genuine domestic basis
(irrespective of gender);".
66.2 For section 3(1A) substitute--
"(1A) For the purposes of the definition of
5 domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
10 were not in a registered relationship
were 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 2007 as may
be relevant in a particular case.".
67 Witness Protection Act 1991
67.1 In section 3(1), for the definition of domestic
20 partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
(b) an adult person to whom the person is
25 not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
or financial commitment and support of
a domestic nature for the material
30 benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
include a person who provides
domestic support and personal care to
35 the person--
561144B.I-4/12/2007 125 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(i) for fee or reward; or
(ii) on behalf of another person or an
organisation (including a
government or government
5 agency, a body corporate or a
charitable or benevolent
organisation);".
67.2 For section 3(2) substitute--
"(2) For the purposes of the definition of
10 domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
15 are not in a registered 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 the matters referred to in
20 section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case; and
(c) a person is not a domestic partner of
another person only because they are
25 co-tenants.".
68 Wrongs Act 1958
68.1 In section 19(3), for the definition of domestic
partner substitute--
"domestic partner of a person who dies means--
30 (a) a person who was, at the time of death,
in a registered relationship with the
person; or
561144B.I-4/12/2007 126 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(b) an adult person to whom the person
was not married at the time of death but
with whom the person was in a
relationship as a couple where one or
5 each of them provided personal or
financial commitment and support of a
domestic nature for the material benefit
of the other, irrespective of their
genders and whether or not they were
10 living under the same roof, but does not
include a person who provided
domestic support and personal care to
the person--
(i) for fee or reward; or
15 (ii) on behalf of another person or an
organisation (including a
government or government
agency, a body corporate or a
charitable or benevolent
20 organisation);".
68.2 For section 19(4) substitute--
"(4) For the purposes of the definition of
domestic partner in subsection (3)--
(a) registered relationship has the same
25 meaning as in the Relationships Act
2007; and
(b) in determining whether persons who
were not in a registered relationship
were domestic partners of each other,
30 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 2007 as may
35 be relevant in a particular case; and
561144B.I-4/12/2007 127 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(c) a person is not a domestic partner of
another person only because they are
co-tenants.".
69 Consumer Credit (Victoria) Act 1995
5 69.1 In section 9A(1), for the definition of domestic
partner substitute--
"domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
10 (b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
or financial commitment and support of
15 a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
include a person who provides
20 domestic support and personal care to
the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
organisation (including a
25 government or government
agency, a body corporate or a
charitable or benevolent
organisation);".
69.2 For section 9A(2) substitute--
30 "(2) For the purposes of the definition of
domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
2007; and
561144B.I-4/12/2007 128 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Sch. 1
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
5 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2007 as may be relevant in a particular
case; and
10 (c) a person is not a domestic partner of
another person only because they are
co-tenants.".
561144B.I-4/12/2007 129 BILL LA INTRODUCTION 4/12/2007
Relationships Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561144B.I-4/12/2007 130 BILL LA INTRODUCTION 4/12/2007
[Index] [Search] [Download] [Related Items] [Help]