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This is a Bill, not an Act. For current law, see the Acts databases.
REGISTRATION OF RELATIONSHIPS BILL 2006
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Bill Stefaniak)
Contents
Page
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Bill Stefaniak)
Registration of
Relationships Bill 2006
A Bill for
An Act to provide for the registration of
relationships
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Registration of Relationships Act 2006.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere in this Act.
For example, the signpost definition ‘significant
relationship—see section 5.’ means that the term
‘significant relationship’ is defined in that section.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
5 Meaning
of significant relationship
(1) A significant relationship is a relationship between 2
adults—
(a) who have a relationship as a couple; and
(b) who are not married to each other or related by family.
(2) If a significant relationship is registered under this Act, proof of
registration is proof of the relationship.
6 Meaning
of caring relationship
(1) A caring relationship is a relationship other than a
marriage or significant relationship between 2 adults (whether or not related by
family) one or each of whom provides the other with domestic support and
personal care.
(2) For subsection (1), a caring relationship is taken not to exist
between 2 people if one of them provides the other with domestic support and
personal care—
(a) for a fee or payment in the nature of wages; or
(b) under an employment relationship between the 2 people; or
(c) on behalf of someone else, a government agency, a charitable
organisation or any other entity.
(3) To remove any doubt, subsection (2) (a) does not include any
carer allowance or carer payment under the Social Security Act 1991
(Cwlth) made to a party to a caring relationship in relation to care
provided by that party to the other party to the relationship.
(4) If a caring relationship is registered under this Act, proof of
registration is proof of the relationship.
7 Meaning
of related by family
(1) For this Act, 2 people are related by family
if—
(a) one is the parent, or another ancestor, of the other; or
(b) one is the child, or another descendant, of the other; or
(c) they have a parent in common.
(2) For subsection (1)—
(a) a person is taken to be an ancestor or descendant
of another person even if the relationship between them is traced
through, or to, a person who is or was an adopted child; and
(b) the relationship of a parent and child between an adoptive parent and
an adopted child is taken to continue even though the order by which the
adoption was effected has been annulled, cancelled or discharged or the adoption
has otherwise ceased to have effect; and
(c) the relationship between an adopted child and the adoptive parent, or
each of the adoptive parents, is taken to be or to have been the natural
relationship of child and parent; and
(d) a person who has been adopted more than once is taken to be the child
of each person by whom the person has been adopted.
Part
2 Registration of
relationships
8 Application
to register deed of relationship
(1) Two adults who—
(a) live in the ACT; and
(b) are not married or a party to a deed of relationship; and
(c) are in a significant or caring relationship;
may apply to the registrar-general for registration of a deed of
relationship in relation to that significant or caring relationship.
Note If a form is approved under s 17 for
this provision, the form must be used.
(2) An application under subsection (1) must be accompanied
by—
(a) a statutory declaration by each applicant verifying that the
applicant—
(i) consents to the registration; and
(ii) is not married; and
(iii) is not a party to a deed of relationship; and
(b) evidence of the identity and age of each applicant; and
(c) for a caring relationship—the certificates required under
subsection (3); and
(d) any other document or information the registrar-general
requires.
Note A fee may be determined under s 16 for this
provision.
(3) Each party to a caring relationship must give the registrar-general a
certificate from a lawyer stating that the lawyer has given legal advice to the
party, independently of the other party to the caring relationship,
about—
(a) the effect of registration of a deed of relationship on the rights of
the parties; and
(b) the advantages and disadvantages, when the advice was given, to the
party of registering a deed of relationship.
Note If a form is approved under s 17 for
this provision, the form must be used.
9 Withdrawal
of application
(1) An application for the registration of a deed of relationship may be
withdrawn by either or both of the applicants by written notice given to the
registrar-general.
Note If a form is approved under s 17 for
this provision, the form must be used.
(2) The notice must be given not later than 28 days after the day the
application is made.
10 Registration
of deed of relationship
(1) The registrar-general must not register the deed of relationship
before the end of 28 days after the day the application is made.
(2) The registrar-general may require either or both of the applicants to
give the registrar-general further information the registrar-general reasonably
requires to decide whether to register the deed.
(3) Unless the application is withdrawn under section 9, at the end of
28 days after the day the application is made or any additional information
requested under subsection (2) is given, the registrar-general
must—
(a) register the deed of relationship; or
(b) refuse to register the deed of relationship.
(4) The registrar-general must not register the deed of relationship if
either of the parties is married or a party to a deed of relationship.
11 Effect
of registration of deed of relationship
If a deed of relationship is registered under this Act—
(a) the parties to the deed are, for the purposes of all territory laws,
taken to be in the significant or caring relationship to which the deed relates;
and
(b) the relationship is taken to be a domestic partnership for the
purposes of all territory laws; and
(c) a court may make an order under the Domestic Relationships Act
1994, part 3 (Adjustment of property interests and maintenance) in relation
to the relationship whether or not the relationship has existed for at least 2
years.
12 Revocation
of deed of relationship
(1) A deed of relationship is revoked by—
(a) the death of either party to the deed; or
(b) the marriage of either party to the deed.
(2) A deed of relationship may be revoked by—
(a) an order of the Supreme Court; or
(b) the registrar on the application of either or both of the parties to
the deed in accordance with section 13.
(1) Either or both of the parties to a deed of relationship may apply to
the registrar-general for revocation of the deed of relationship.
Note If a form is approved under s 17 for
this provision, the form must be used.
(2) If the application is made by one party only, the application must be
accompanied by proof that the application has been personally served on the
other party.
(3) The application may be withdrawn by the applicant by written notice
given to the registrar-general before the end of 90 days after the day the
application is made.
(4) At the end of the 90-day period, the registrar-general must revoke the
deed of relationship unless—
(a) the application is withdrawn under subsection (3); or
(b) the Supreme Court orders otherwise.
14 Register
of relationships
(1) The registrar-general must keep a register of deeds of
relationships.
(2) The register must contain the particulars of deeds of relationships
required by regulation to be included in the register.
(3) The register may contain further information that the
registrar-general considers appropriate.
(4) The register may be kept completely or partly in electronic
form.
(5) A regulation may make provision in relation to—
(a) access to the register; and
(b) searching the register; and
(c) the issuing of certificates by the registrar.
Application may be made to the administrative appeals tribunal for review
of a decision of the registrar-general under section 10 (3) to refuse to
register a deed of relationship.
(1) The Minister may determine fees for this Act.
Note The Legislation Act contains provisions about the making of
determinations and regulations relating to fees (see pt 6.3).
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(1) The registrar-general may approve forms for this Act.
(2) If the registrar-general approves a form for a particular purpose, the
approved form must be used for that purpose.
Note For other provisions about forms, see the Legislation Act, s
255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
18 Regulation-making
power
The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• Executive
• registrar-general
• territory law.
caring relationship—see section 6.
related by family—see section 7.
significant relationship—see section 5.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2006.
2 Notification
Notified under the Legislation Act on 2006.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2006
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