Victorian Consolidated Legislation

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RELATIONSHIPS ACT 2008

No. 12 of 2008
Version incorporating amendments as at 1 July 2009

TABLE OF PROVISIONS

           Section Page

CHAPTER 1-INTRODUCTION

   PART 1.1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions

CHAPTER 2-REGISTRATION OF DOMESTIC RELATIONSHIPS

   PART 2.1-PRELIMINARY

   4.      Purpose
   5.      Definitions

   PART 2.2-REGISTRATION OF A REGISTRABLE RELATIONSHIP

   6.      Application to register a registrable relationship
   7.      Requirements of application for registration
   8.      Registrar may require further information
   9.      Withdrawal of application for registration
   10.     Registration
   11.     Revocation of registration
   12.     Application for revocation of registration
   13.     Service of revocation application and proof of service
   14.     Withdrawal of revocation application
   15.     Revocation of registration by Registrar
   16.     Revocation of registration by court

   PART 2.3-THE RELATIONSHIPS REGISTER

           Division 1-Keeping the Relationships Register

   17.     The Relationships Register

           Division 2-Registrar's powers of inquiry

   18.     Registrar's powers of inquiry

           Division 3-Correction and amendment of Relationships Register

   19.     Correction and amendment of Register

           Division 4-Access to and certification of Register entries

   20.     Protection of privacy
   21.     Search of Register
   22.     Issue of certificate
   23.     Access policies
   24.     Access to Register
   25.     Power to remit fees

           Division 5-Additional information and services

   26.     Registrar may collect other information
   27.     Additional services in relation to information in Register and other information

   PART 2.4-GENERAL POWER OF REVIEW

   28.     Review by VCAT

   PART 2.5-GENERAL

   29.     False representation
   30.     Unauthorised access to or interference with Register
   31.     Falsification of certificate etc.
   32.     Registrar to provide certain information to Minister
   33.     Power to require and take statutory declarations

CHAPTER 3-RELATIONSHIP AGREEMENTS, PROPERTY AND MAINTENANCE

   PART 3.1-PRELIMINARY

   34.     Purpose

   PART 3.2-RELATIONSHIP AGREEMENTS

   35.     Definitions
   36.     Agreements subject to law of contract
   37.     Varying or setting aside agreements
   38.     Effect of death of partner

   PART 3.3-PROPERTY AND MAINTENANCE

           Division 1-Preliminary

   39.     Definitions
   40.     Declaration of interests in property

           Division 2-Application for orders under this Part

   41.     Application for adjustment or maintenance
   42.     Eligibility for orders-unregistered relationships
   43.     Time limit for making applications
   44.     Duty of court to end financial relationships

           Division 3-Adjustment of interests in property

   45.     Order for adjustment
   46.     Adjournment of application-likelihood of significant change in circumstances
   47.     Adjournment of application-proceedings in the Family Court
   48.     Deferment of order
   49.     Effect of death of party on application
   50.     Effect of death of party on order

           Division 4-Maintenance

   51.     Order for maintenance
   52.     Interim maintenance
   53.     Subsequent relationship or marriage
   54.     Cessation of order
   55.     Recovery of arrears
   56.     Variation of order for periodic maintenance
   57.     Other maintenance orders not to be varied

           Division 5-General provisions for property adjustment and maintenance orders

   58.     Powers of a court
   59.     Effect of relationship agreements
   60.     Execution of instruments by order of a court
   61.     Orders and injunctions in the absence of a party
   62.     Variation and setting aside of orders
   63.     Transactions to defeat claims
   64.     Interests of other parties

           Division 6-Jurisdiction and enforcement

   65.     Courts having jurisdiction under this Part
   66.     Transfer of proceedings-jurisdictional limit exceeded
   67.     Transfer of proceedings-interests of justice
   68.     Proceedings in more than one court
   69.     Courts to act in aid of each other
   70.     Enforcement of orders

CHAPTER 4-GENERAL AND TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS

   PART 4.1-GENERAL

   71.     Regulations

   PART 4.2-REPEALS, CONSEQUENTIAL AMENDMENTS AND TRANSITIONALS

   72.     Repeal of Part IX of the Property Law Act 1958.
   73.     Consequential amendments
   74.     Transitional provisions
   75.     Interim fees
           __________________
           SCHEDULE 1-Consequential Amendments to other Acts
           1. Accident Compensation Act 1985.
           2. Administration and Probate Act 1958.
           3. Alcoholics and Drug-dependent Persons Act 1968.
           4. Births, Deaths and Marriages Registration Act 1996.
           5. Catchment and Land Protection Act 1994.
           6. Children, Youth and Families Act 2005.
           7. Confiscation Act 1997.
           8. Conservation, Forests and Lands Act 1987.
           9. Conveyancers Act 2006.
           10. Co-operative Housing Societies Act 1958.
           11. Coroners Act 1985.
           12. Corrections Act 1986.
           13. Country Fire Authority Act 1958.
           14. Crimes (Family Violence) Act 1987.
           15. Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.
           16. Crimes Act 1958.
           17. Duties Act 2000.
           18. Education and Training Reform Act 2006.
           19. Emergency Services Superannuation Act 1986.
           20. Equal Opportunity Act 1995.
           21. Estate Agents Act 1980.
           22. Fair Trading Act 1999.
           23. Firearms Act 1996.
           24. First Home Owner Grant Act 2000.
           25. Freedom of Information Act 1982.
           26. Gambling Regulation Act 2003.
           27. Guardianship and Administration Act 1986.
           28. Health Act 1958.
           29. Health Records Act 2001.
           30. Health Services Act 1988.
           31. Human Tissue Act 1982.
           32. Land Acquisition and Compensation Act 1986.
           33. Land Act 1958.
           34. Land Tax Act 2005.
           35. Landlord and Tenant Act 1958.
           36. Legal Profession Act 2004.
           37. Liquor Control Reform Act 1998.
           38. Local Government Act 1989.
           39. Magistrates' Court Act 1989.
           40. Meat Industry Act 1993.
           41. Motor Car Traders Act 1986.
           42. Municipalities Assistance Act 1973.
           43. Parliamentary Salaries and Superannuation Act 1968.
           44. Partnership Act 1958.
           45. Payroll Tax Act 2007.
           46. Perpetuities and Accumulations Act 1968.
           47. Police Assistance Compensation Act 1968.
           48. Port Services Act 1995.
           49. Prostitution Control Act 1994.
           50. Racing Act 1958.
           51. Residential Tenancies Act 1997.
           52. Retirement Villages Act 1986.
           53. Road Safety Act 1986.
           54. Sale of Land Act 1962.
           55. Second-Hand Dealers and Pawnbrokers Act 1989.
           56. Sentencing Act 1991.
           57. State Employees Retirement Benefits Act 1979.
           58. State Superannuation Act 1988.
           59. Superannuation (Portability) Act 1989.
           60. Transport Accident Act 1986.
           61. Transport Superannuation Act 1988.
           62. Trustee Companies Act 1984.
           63. Victorian Workers' Wages Protection Act 2007.
           64. Victims of Crime Assistance Act 1996.
           65. Water Act 1989.
           66. Wills Act 1997.
           67. Witness Protection Act 1991.
           68. Wrongs Act 1958.
           69. Repealed
           ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details


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