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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Civil Partnerships Bill 2012
A BILL FOR
An Act to provide for the registration of civil partnerships; to make
related amendments to the Family
Relationships Act 1975 and the Acts
Interpretation Act 1915; and for other purposes.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Interpretation
4Meaning
of civil partnership
Division 1—Registering
an existing relationship
5Application for registration
of existing relationship as civil partnership
6Cooling-off
period—application for registration
7Registration
Division 2—Registering
new relationships
8Entry into civil
partnership
9Registration after
declaration of civil partnership
Division 3—Termination
of civil partnerships
10How civil partnership is terminated
11Application for Court
order
12Withdrawal of application
13Making of court
order
14When Court order takes effect
Part 3—Civil partnership
celebrants
15Registration of civil
partnership celebrants
16Cancellation of
registration of civil partnership celebrant
17Reconsideration of
cancellation notice
18Ending cancellation process without further
action
19Cancellation of registration
20Applications for
review
21Offences
Part 4—Register
22Register
23Registrar's power
to correct Register
24Access to Register
25Search of Register
26Protection of
privacy
27Issue of certificate
28Access policies
Part 5—Miscellaneous
29Void civil
partnerships
30Civil partnerships under corresponding
laws
31Regulations
Schedule 1—Related
amendment
1Amendment provisions
2Amendment of Acts
Interpretation Act 1915
3Amendment of Family Relationships
Act 1975
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Civil Partnerships
Act 2012.
This Act will come into operation 6 months after the day on which is
assented to by the Governor.
In this Act—
civil partnership celebrant means—
(a) a person registered as a civil partnership celebrant under this Act;
or
(b) the Registrar;
cooling-off period, in relation to an application for
registration of a relationship under
section 5, means the
period commencing when the application is received by the Registrar and
concluding at the end of 10 clear business days after receipt of the
application;
cancellation notice—see
section 16;
cancellation period—see
section 16(3);
Court means the District Court of South Australia;
eligibility criteria—see
section 4(3);
prohibited relationship—see
section 4(3)(b);
Register means the register established under
section 22;
Registrar means the Registrar appointed under the Births,
Deaths and Marriages Registration Act 1996;
State includes a Territory.
4—Meaning
of civil partnership
(1) Two adult persons who are in a relationship as a couple and who meet
the eligibility criteria, may, irrespective of their gender, register their
relationship as a civil partnership in accordance with
Part 2
Division 1 or
Division 2.
(2) A civil partnership terminates only as provided by
Part 2
Division 3.
Note—
Part 2
Division 3 provides for termination by death, marriage or court
order.
(3) A person may
enter into a civil partnership if (and only if)—
(a) the person is not married or in another civil partnership;
and
(b) the person does
not have any of the following relationships (a prohibited
relationship) with the person’s proposed civil partner:
(i) 1 is the lineal ancestor or lineal descendent of the other (even if
the relationship is traced through an adoptive parent);
(ii) they have a parent in common (including an adoptive parent of either
or both of them); and
(c) the person or the person’s proposed civil partner lives in South
Australia.
Division 1—Registering
an existing relationship
5—Application
for registration of existing relationship as civil
partnership
(1) Two adult persons who, immediately before the commencement of this
Division, are in a relationship as a couple and who meet the eligibility
criteria, may apply to the Registrar for registration of their relationship
under this Act as a civil partnership.
(2) An application to the Registrar for registration of a civil
partnership—
(a) must be made in writing in the prescribed form; and
(b) must include information as to when the relationship commenced; and
(c) must include any other prescribed information; and
(d) must be accompanied by the prescribed fee; and
(e) must be accompanied by the prescribed documents; and
(f) must be accompanied by a statutory declaration verifying the
information contained in the application and any other evidence the Registrar
may require.
(3) The Registrar may
require 1 or both of the applicants to give the Registrar additional
information or documents to determine the application.
(4) If a requirement under
subsection (3) is
not complied with, the Registrar may refuse to consider the application
further.
6—Cooling-off
period—application for registration
(1) The Registrar must not register a relationship under this Division
before the end of the cooling-off period for the application.
(2) Either or both of
the applicants for registration may, by giving the Registrar a withdrawal notice
in the prescribed form, withdraw the application during the cooling-off
period.
(1) As soon as practicable after the end of the cooling-off period for an
application to register a relationship as a civil partnership, the Registrar
may—
(a) register the civil
partnership by making an entry about the civil partnership in the Register,
including the prescribed particulars; or
(b) refuse to register the relationship as a civil partnership if
—
(i) the Registrar is not satisfied that both of the applicants meet the
eligibility criteria; or
(ii) the application for registration has been withdrawn.
(2) Registration of a civil partnership under this Division will be taken
to come into effect on registration or some earlier date as entered in the
Register by the Registrar.
Division 2—Registering
new relationships
8—Entry
into civil partnership
(1) Before 2 persons enter into a civil partnership, they must give
notice in the prescribed form of their intention to enter into a civil
partnership to—
(a) a civil
partnership celebrant; and
(b) if the civil partnership celebrant is not the Registrar—the
Registrar.
(2) Notice of intention must be given not earlier than 12 months and
not later than 10 days before the declaration of civil partnership is
made.
(3) The notice—
(a) must be accompanied by—
(i) a statutory declaration made by each person verifying—
(A) that the person wishes to enter into a civil partnership with the
other person; and
(B) that the person is not married or in a civil partnership;
and
(C) that the person believes the person and the other person do not have a
prohibited relationship; and
(D) where the person lives; and
(ii) the prescribed fee; and
(iii) the prescribed documents as to proof of each person’s identity
and age; and
(iv) any other prescribed documents or information; and
(b) must state the day on which the 2 persons intend to make a
declaration of civil partnership.
(4) As soon as practicable after receiving the notice and statutory
declarations, the civil partnership celebrant must give each person notice in
the prescribed form setting out the legal effect of a civil
partnership.
(5) Two persons who have given notice as required under this section may
make a declaration of civil partnership before the civil partnership celebrant
and at least 1 other adult witness.
(6) The declaration must be made by each person to the other and must
contain a clear statement that—
(a) names both persons; and
(b) acknowledges that they are freely entering into a civil partnership
with each other.
(7) If the civil partnership celebrant before whom the declaration is made
is not the Registrar, the celebrant must, within 3 business days after the
declaration, notify the Registrar of the declaration in the prescribed form.
9—Registration
after declaration of civil partnership
(1) The Registrar must, as soon as practicable after becoming aware that a
declaration of civil partnership has been made—
(a) register the
civil partnership by making an entry about the civil partnership in the Register
including the prescribed particulars; or
(b) refuse to register the relationship as a civil partnership if
—
(i) the Registrar is not satisfied that both of the applicants meet the
eligibility criteria; or
(ii) the application for registration has been withdrawn.
(2) Registration of a civil partnership under this Division will be taken
to come into effect on the date on which the declaration was made as entered in
the Register.
Division 3—Termination
of civil partnerships
10—How
civil partnership is terminated
A civil partnership will be terminated on—
(a) the death of a party to the partnership; or
(b) the marriage of a party to the partnership (whether to the other party
or to some other person); or
(c) by order of the Court under this Division.
11—Application
for Court order
(1) If—
(a) the parties to a civil partnership have lived separately and apart for
a continuous period of at least 12 months; and
(b) 1 (or both) of the parties is of the belief that the civil
partnership has broken down and there is no likelihood of reconciliation between
the parties,
either or both of the parties may apply to the Court for an order
terminating the civil partnership.
(2) An application for termination of a civil partnership
must—
(a) be made in writing by 1 or both of the parties to the
partnership; and
(b) be accompanied
by an affidavit by the party or each of the parties stating
that—
(i) the parties have lived separately and apart for a continuous period of
at least 12 months; and
(ii) the party believes or parties believe (as the case may be) that the
civil partnership has broken down and there is no likelihood of reconciliation
between the parties; and
(c) be filed in the Court; and
(d) if the application is made by only 1 of the parties, within
14 days of being filed in the Court, be served on the other party;
and
(e) otherwise be made in accordance with the rules of court.
(1) An applicant for an order terminating a civil partnership may withdraw
the application before the date fixed for deciding the application.
(2) However, if the application has been made by both parties to the civil
partnership, the applicant may withdraw the application only with the consent of
the other applicant.
(3) The withdrawal may be effected by filing a notice in accordance with
the rules of court.
(1) On application
under
section 11, the
Court may make an order terminating the civil partnership if the Court is
satisfied that—
(a) the applicants have lived separately and apart for a continuous period
of at least 12 months; and
(b) the civil partnership has broken down and there is no likelihood of
reconciliation between the parties.
(2) The parties to a civil partnership may be held to have lived
separately and apart for a continuous period of at least 12 months even if
they have continued to reside in the same residence or either party has rendered
some household services to the other.
(3) If the Court makes
an order under
subsection (1), the
Court must give a copy of the order to the Registrar no later than 30 days
after the day the order is made.
(4) On receipt of an order under
subsection (3)
terminating a civil partnership, the Registrar must, as soon as reasonably
practicable after receiving a copy of the order, make an entry to that effect in
the Register.
14—When
Court order takes effect
If the Court makes an order under
section 13(1), the
civil partnership is terminated on the day the order is made.
Part 3—Civil
partnership celebrants
15—Registration
of civil partnership celebrants
(1) A person may apply to the Registrar to be registered as a civil
partnership celebrant.
(2) An application to the Registrar for registration as a civil
partnership celebrant—
(a) must be made in writing in the prescribed form; and
(b) must include any prescribed information; and
(c) must be accompanied by the prescribed fee; and
(d) must be accompanied by the prescribed documents; and
(e) must be accompanied by a statutory declaration verifying the
information contained in the application and any other evidence the Registrar
may require.
(3) On application
under this section, the Registrar may register the applicant if satisfied that
the applicant—
(a) is an adult; and
(b) has the knowledge and the skills or experience necessary to exercise
the functions of a civil partnership celebrant; and
(c) is a suitable person to be registered as a civil partnership
celebrant.
16—Cancellation
of registration of civil partnership celebrant
(1) If the Registrar considers that a person registered as a civil
partnership celebrant does not satisfy, or no longer satisfies, the criteria for
registration under
section 15, the
Registrar may give the person a notice under this section (a cancellation
notice).
(2) The cancellation notice must state the following—
(a) that the Registrar proposes to cancel the person’s registration
as a civil partnership celebrant at the end of the cancellation period;
and
(b) the reason for the proposed cancellation; and
(c) a statement of the person's right to have the cancellation
reconsidered by the Registrar under
section 17.
(3) The
cancellation period commences on the date specified in the
cancellation notice and ends 30 days later on the date specified in the
cancellation notice.
17—Reconsideration
of cancellation notice
(1) The person may request reconsideration of the cancellation notice by
the Registrar during the cancellation period.
(2) The request for
reconsideration—
(a) must be made in the prescribed manner and form; and
(b) be accompanied by the prescribed fee; and
(c) must specify the reason or reasons that registration should not be
cancelled; and
(d) may be accompanied
by supporting documents.
(3) The Registrar must consider the request for reconsideration and
relevant documents provided under this section.
18—Ending
cancellation process without further action
If, after considering the request for reconsideration of the cancellation
notice, the Registrar no longer believes the ground exists to cancel the
registration, the Registrar—
(a) must take no further action in relation to the cancellation notice;
and
(b) must, as soon as practicable, give notice to the person that no
further action will be taken in relation to the cancellation notice.
19—Cancellation
of registration
(1) If a person does not request the Registrar to reconsider a
cancellation notice during the cancellation period, the person's registration as
a civil partnership celebrant will, by force of this subsection, be cancelled on
the day on which the cancellation period ends.
(2) If, after
considering a request for reconsideration of a cancellation notice, the
Registrar—
(a) still believes the ground exists to cancel the registration;
and
(b) believes cancellation of the registration is warranted,
the Registrar may cancel the registration of a civil partnership
celebrant.
(3) The Registrar must,
as soon as practicable, give notice of the decision to cancel registration under
subsection (2) to
the person.
(4) The decision of the Registrar under
subsection (2) does not
take effect until—
(a) 30 days after the day notice to cancel is given to the person;
or
(b) if an application for review is made to the Court within 30 days
after the day notice to cancel registration is given—the day the review is
decided or the application for review otherwise ends.
(5) The Registrar must, as soon as practicable after a person's
registration as a civil partnership celebrant is cancelled, make an entry to
that effect in the Register.
A person who is dissatisfied with a decision of the Registrar made in the
performance or purported performance of functions under this Act may apply to
the Court for review of the decision.
(1) It is an offence if a civil partnership celebrant—
(a) allows a declaration of civil partnership, or a purported declaration,
to be made before the celebrant; and
(b) the celebrant has not received the notices required under
section 8
(including the statutory declaration and anything else required under that
section) within the time required under that section.
Maximum penalty: $1 250.
(2) A civil partnership celebrant commits an offence if—
(a) the celebrant allows a declaration of civil partnership, or a
purported declaration, to be made before the celebrant; and
(b) the celebrant has reasonable grounds to believe that the civil
partnership would be void under
section 29.
Maximum penalty: $1 250.
(3) A person who makes a false or misleading statement or representation
in a declaration, application or document under this Act, knowing it to be false
or misleading commits an offence.
Maximum penalty: $10 000.
(1) The Registrar must maintain a register or registers of civil
partnerships and civil partnership celebrants.
(a) must contain the particulars of each civil partnership and civil
partnership celebrant; and
(b) may contain any other information the Registrar thinks fit.
(3) The 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.
(4) The Registrar must maintain the indexes to the Register that are
necessary to make the information contained in the Register reasonably
accessible.
23—Registrar's
power to correct Register
(1) The Registrar may correct the Register to bring the particulars
contained in an entry about a civil partnership or civil partnership celebrant
into conformity with the most reliable information available to the
Registrar.
(2) The Registrar may correct the Register by adding or cancelling an
entry in the Register or by adding, altering or deleting particulars contained
in an entry.
(3) The Registrar's power to correct the Register under this section is in
addition to any other power of the Registrar under this Act.
(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 Register, access to the Register; or
(b) provide a person or organisation that has an adequate reason for
wanting information from the Register, with information extracted from the
Register.
(2) In deciding whether an applicant has an adequate reason for wanting
access to the Register, or information extracted from the Register, the
Registrar must have regard to—
(a) the nature of the applicant's interest; and
(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 Register, or
information extracted 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 from unjustified intrusion on their privacy.
(1) The Registrar may, on application, search the Register for an entry
about a particular civil partnership or civil partnership celebrant.
(2) The applicant must state the reason for the applicant's interest in
the subject matter of the search.
(3) The Registrar may reject the application if the 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 have regard to—
(a) the relationship (if any) between the applicant and the person to whom
the information relates; and
(b) the age of the entry; and
(c) the contents of the entry; and
(d) other relevant factors.
In providing information extracted from the Register, the Registrar must,
as far as practicable, protect the persons to whom the entries in the Register
relate from unjustified intrusion on their privacy.
(1) On completing a
search of the Register, the Registrar may issue a certificate—
(a) certifying
particulars contained in an entry; or
(b) certifying that no relevant entry was located in the
Register.
(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.
(1) The Registrar must maintain a written statement of the policies on
which access to information contained in the Register is to be given or denied
under this Part
(2) The Registrar must give a copy of the statement, on request, to any
person.
A civil partnership is void if—
(a) either party did not meet the eligibility criteria when the
relationship was registered as a civil partnership; or
(b) either party did not freely enter into the civil partnership
because—
(i) the party’s agreement to enter into the civil partnership was
obtained by duress or fraud; or
(ii) the party was mistaken about the identity of the other party or the
nature of the declaration under
section 8;
or
(iii) the party did not have the capacity within the meaning of the Guardianship
and Administration Act 1993 to enter into the civil
partnership.
30—Civil
partnerships under corresponding laws
(1) The regulations may make provision for the recognition of a
relationship under a corresponding law as if it were a civil partnership under
this Act.
(2) In this section—
corresponding law means a law of another State or country
prescribed by the regulations to be a corresponding law for the purposes of this
section.
(1) The Governor may
make such regulations as are contemplated by this Act or as are necessary or
desirable for the purposes of this Act.
(2) Without limiting the generality of
subsection (1), the
regulations may—
(a) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister or the
Registrar; and
(b) fix fees, or a basis for calculating fees, for—
(i) access to the Register; or
(ii) a search of the Register; or
(iii) the issue of a certificate following a search of the Register;
or
(iv) other services provided by the Registrar; and
(c) provide for the payment, refund, recovery or waiver of fees;
and
(d) fix penalties not exceeding $1 250 for breaches of the
regulations.
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
2—Amendment
of Acts Interpretation
Act 1915
Section 4—after subsection (4) insert:
(5) A reference in an Act or statutory instrument to a
spouse will be taken to be a reference to a person who is a party
to a civil partnership registered under the
Civil
Partnerships Act 2012.
3—Amendment
of Family Relationships
Act 1975
Section 11A, definition of close personal
relationship—after paragraph (a) insert:
(ab) the relationship between parties to a civil partnership registered
under the Civil
Partnerships Act 2012; or