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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Relationships Register
Bill 2016
A BILL FOR
An Act to make provision for the registration of certain relationships; to
make consequential, related and other amendments to the
Assisted
Reproductive Treatment Act 1988
; the
Births,
Deaths and Marriages Registration Act 1996
; the
Domestic
Partners Property Act 1996
; the
Equal
Opportunity Act 1984
; the
Family
Relationships Act 1975
; and the
Wills
Act 1936
.
Contents
Part 2—Registered
relationships
6Applications for registration
7Cooling-off period for
registration
8Registration of relationships
9Commencement of registered
relationships
Division 2—End of registered
relationships
10Applications for revocation of registration by
parties
11Cooling-off period for revocation
applications
12Revocation on application by 1 or
both persons
13End of registered relationships
Division 1—Keeping the
Register
Division 2—Registrar's
powers of inquiry
16Registrar's powers of inquiry
Division 3—Correction of
Register
17Registrar's power to correct
Register
Division 4—Access to, and
certification of, Register entries
22Falsification of certificate etc
Part 4—Recognition
of corresponding law registered relationships
26Corresponding laws and
corresponding law registered relationships
27Corresponding law registered relationships
taken to be registered relationships under this Act
Part 5—General power of
review
30Unauthorised access to or interference with
Register
Schedule 1—Consequential, related and
other amendments
Part 2—Amendment of Assisted
Reproductive Treatment Act 1988
2Amendment of section 9—Conditions of
registration
Part 3—Amendment of Births, Deaths
and Marriages Registration Act 1996
3Amendment of section 6—Registrar's
functions
Part 4—Amendment of Domestic
Partners Property Act 1996
4Amendment of section
3—Interpretation
Part 5—Amendment of Equal
Opportunity Act 1984
5Amendment of section
5—Interpretation
7Amendment of section 30—Discrimination
against applicants and employees
8Amendment of section 31—Discrimination
against agents and independent contractors
9Amendment of section 32—Discrimination
against contract workers
10Amendment of section 33—Discrimination
within partnerships
11Amendment of section
34—Exemptions
12Amendment of section 35—Discrimination
by associations
13Amendment of section 36—Discrimination
by qualifying bodies
14Amendment of section 37—Discrimination
by educational authorities
15Amendment of section 38—Discrimination
by person disposing of an interest in land
16Amendment of section 39—Discrimination
in provision of goods and services
17Amendment of section 40—Discrimination
in relation to accommodation
18Amendment of section
45—Charities
19Amendment of section 47—Measures
intended to achieve equality
91ACommissioner may
issue practice guidelines
91BEffect of
practice guidelines
Part 6—Amendment of Family
Relationships Act 1975
21Amendment of section
10A—Interpretation
22Amendment of section 10C—Rules relating
to parentage
23Amendment of section
10F—Interpretation
24Amendment of section 10HA—Recognised
surrogacy agreements
26Amendment of section 10HC—Ability to
discharge order
27Amendment of section 10HD—Court to
notify Registrar of Births, Deaths and Marriages
Part 7—Amendment of Wills
Act 1936
29Amendment of section 20—Will to be
revoked by certain events
30Amendment of section 20A—Effect on will
of ending of a marriage or registered relationship
31Amendment of section 22—In what cases
wills may be revoked
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Relationships Register
Act 2016.
This Act will come into operation on a day to be fixed by
proclamation.
The object of this Act is to provide for the legal recognition of persons
in a relationship as a couple, irrespective of their sex or gender identity, by
registration of the relationship.
In this Act, unless the contrary intention appears—
adult means a person of or above the age of 18
years;
corresponding law means a law of another jurisdiction
declared by the regulations to be a corresponding law under this Act;
corresponding law registered relationship—see
Part 4
;
Register means the Relationships Register established under
Part 3
;
registered relationship means a relationship that is
registered under this Act;
Registrar means the Registrar of Births, Deaths and Marriages
within the meaning of the
Births,
Deaths and Marriages Registration Act 1996
.
Part 2—Registered
relationships
5—Eligibility
for registration
(1) Two adults who are in a relationship as a couple, irrespective of
their sex or gender identity, may apply to the Registrar for registration of
their relationship.
(2) A relationship cannot be registered unless at least 1 of the adults
resides in South Australia.
(3) A relationship cannot be registered if—
(a) either adult is in a union that is recognised as a marriage under the
Marriage Act 1961 of the Commonwealth; or
(b) either adult is already registered under this Act or a corresponding
law as being in a registered relationship or a corresponding law registered
relationship; or
(c) either adult is in a relationship as a couple with another person;
or
(d) the adults are related by family.
(4) Two adults are
related by family if—
(a) 1 is the child (including an adopted child) of the other; or
(b) 1 is another descendant of the other (even if the relationship is
traced through an adoptive parent); or
(c) they have a parent in common (including an adoptive parent or either
or both of them).
(5)
Subsection (4)
applies—
(a) even if an adoption has been declared void or is of no effect;
and
(b) to adoptions under the law of any place (whether in or out of
Australia) relating to the adoption of children; and
(c) in relation to a child whose parentage is determined by an order under
section 10HB of the
Family
Relationships Act 1975
(a parentage order) in the same way as it applies in
relation to an adopted child, even if the parentage order is discharged under
section 10HC of that Act (and, for that purpose, a reference in
subsection (4)
to an adoptive parent is to be read as a reference to a person who is
declared to be the parent of a child under a parentage order).
6—Applications
for registration
(1) An application for registration of a relationship is to be made in the
form approved by the Registrar and must be accompanied by—
(a) a statutory declaration by each person in the relationship stating the
following:
(i) that the person wishes to register the relationship;
(ii) that the person is in a relationship as a couple with the other
person;
(iii) that the person is not married;
(iv) that the person is not registered under this Act or a corresponding
law as being in a relationship or a corresponding law registered
relationship;
(v) that the person is not in a relationship as a couple with a person
other than the other applicant;
(vi) that the person does or does not reside in South Australia;
(vii) that the person is not related to the other applicant by family;
and
(b) evidence of the identity and age of each person in the relationship;
and
(c) the fee prescribed by the regulations; and
(d) any other information or documents required by regulation.
(2) The Registrar may require applicants for registration of a
relationship to provide any further information that the Registrar requires to
determine the application.
7—Cooling-off
period for registration
(1) The Registrar must not register a relationship before the end of the
cooling-off period for the registration application.
(2) An applicant for registration of a relationship may withdraw the
application before the relationship is registered by giving the Registrar a
withdrawal notice in the form approved by the Registrar.
(3) The cooling-off period for a registration application is the period
ending 28 days after the application is made.
8—Registration
of relationships
(1) The Registrar must register a relationship as soon as practicable
after the end of the cooling-off period if—
(a) the Registrar is satisfied that the relationship may be registered
under this Act; and
(b) the application has not been withdrawn.
(2) The Registrar registers a relationship by making an entry relating to
the relationship in the Register, including any particulars required by
regulation.
9—Commencement
of registered relationships
For the purposes of this Act and any other Act, a registered relationship
will be taken to commence when the Registrar makes an entry relating to the
relationship in the Register.
Division 2—End
of registered relationships
10—Applications
for revocation of registration by parties
(1) One or both persons in a registered relationship may apply to the
Registrar to revoke the registration of the relationship.
(2) The application is to be in the form approved by the Registrar and to
be accompanied by—
(a) a statutory declaration by at least 1 of the persons stating that the
person wishes to revoke the registration; and
(b) if only 1 person makes the application—proof of service of
notice of the application on the other person and particulars of that notice;
and
(c) the fee prescribed by the regulations; and
(d) any other documents and information prescribed by the
regulations.
(3) The Registrar may dispense with the obligation to give notice of the
application to the other person, or approve alternative means of giving notice,
if the Registrar is satisfied that it is not reasonably practicable to give
notice of the application in the manner required by or under this Act.
11—Cooling-off
period for revocation applications
(1) The Registrar must not revoke the registration of a relationship
before the end of the cooling-off period for a revocation application.
(2) An applicant for revocation of registration of a relationship may
withdraw the application before the registration is revoked by giving the
Registrar a withdrawal notice in the form approved by the Registrar.
(3) The cooling-off period for a revocation application is the period
ending 90 days after the application is made.
12—Revocation
on application by 1 or both persons
The Registrar must revoke the registration of a registered relationship as
soon as practicable after the end of the cooling-off period if an application is
made under this Division and the Registrar is satisfied that the application has
not been withdrawn.
13—End
of registered relationships
(1) For the
purposes of this Act and any other Act, a registered relationship will be taken
to end—
(a) on the death of
a person in the relationship; or
(b) on the marriage
of a person in the relationship; or
(c) if an application for the revocation of the registration of a
relationship has been made under this Division—when the Registrar makes an
entry relating to the revocation of the relationship in the Register, including
any particulars required by regulation.
(2) If a registered relationship is ended by an event referred to in
subsection (1)(a)
or
(b)
, the Registrar must note that fact in the Register.
(1) Registration of a registered relationship is void if—
(a) when the relationship was registered, registration under this Act was
prohibited; or
(b) the agreement of 1 or both of the persons in the relationship to the
registration was obtained by fraud, duress or other improper means; or
(c) when the relationship was registered, either party was mentally
incapable of understanding the nature and effect of the registration.
(2) If the registration of a registered relationship is void, the
Registrar must note that fact in the Register.
(3) A court may, on its own initiative, make an order declaring the
registration of a registered relationship void by operation of this section if a
question arises in proceedings as to the registration.
Division 1—Keeping
the Register
(1) The Registrar must maintain a register of registered relationships
(the Relationships Register).
(2) The Register—
(a) must contain the particulars of each registered relationship required
under this Act, or another law, to be included in the Register; and
(b) may contain further information if its inclusion is authorised under
the regulations.
(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.
Division 2—Registrar's
powers of inquiry
16—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 registration of a relationship or revocation of registration;
or
(b) whether particulars of a registered relationship have been correctly
recorded in the Register.
(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 information within a time and in a way specified
in the notice.
(3) A person who fails, without reasonable excuse, to comply with a notice
under
subsection (2)
is guilty of an offence.
Maximum penalty: $1 250.
Division 3—Correction
of Register
17—Registrar's
power to correct Register
(1) The Registrar may correct the Register—
(a) to reflect a finding made on inquiry under
Division 2
; or
(b) to bring the particulars contained in an entry about a registered
relationship into conformity with the most reliable information available to the
Registrar about the registered relationship.
(2) The Registrar corrects 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 or any other
Act.
Division 4—Access
to, and certification of, Register entries
(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 registered relationship.
(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 entry was located in the Register about the
relevant 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.
22—Falsification
of certificate etc
A person must not forge or falsify a certificate or other document under
this Act.
Maximum penalty: $10 000 or imprisonment for 2 years.
(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 Division.
(2) The Registrar must give a copy of the statement, on request, to any
person.
(1) The regulations may prescribe fees, or a basis for calculating fees,
for—
(a) access to the Register; or
(b) a search of the Register; or
(c) the issue of a certificate following a search of the Register;
or
(d) other services provided by the Registrar.
(2) The regulations may allow for fees to be fixed by negotiation between
the Registrar and the person who asks for the relevant services.
The Registrar may, in appropriate cases, remit the whole or part of a fee
under this Act.
Part 4—Recognition
of corresponding law registered relationships
26—Corresponding
laws and corresponding law registered relationships
(1) A law of another
State or a Territory of the Commonwealth, or of another country, that, in
accordance with the general requirements, provides for the registration or the
formal recognition of a relationship may be declared by the regulations to be a
corresponding law under this Act.
(2) For the purposes of
subsection (1)
, the general requirements for a corresponding law are that, to be
registered or formally recognised under that law, a
relationship—
(a) must be between 2 adult persons; and
(b) must have been entered into consensually; and
(c) must not be between persons who are related by family; and
(d) must not be entered into by a person who is already in a union that is
recognised as a marriage under the
Marriage
Act 1961
of the Commonwealth; and
(e) must not be entered into by a person who is already in a relationship
that is registered or formally recognised under that law.
27—Corresponding
law registered relationships taken to be registered relationships under this
Act
(1) For the purposes of this Act and any other Act, a corresponding law
registered relationship, that is not a marriage within the meaning of the
Marriage Act 1961 of the Commonwealth, will be taken to be a
registered relationship under this Act.
(2) A person who is in
a corresponding law registered relationship may apply to the Registrar for a
certificate to that effect.
(3) An application under
subsection (2)
must be accompanied by—
(a) evidence of the identity and age of each person in the relationship;
and
(b) evidence that the relationship is a corresponding law registered
relationship; and
(c) the fee prescribed by the regulations; and
(d) any other documents and information prescribed by the
regulations.
Part 5—General
power of review
(1) 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 Magistrates Court for a review of the decision.
(2) On a review, the Court may—
(a) confirm, vary or reverse the Registrar's decision; and
(b) make consequential and ancillary orders and directions.
A person who makes a false or misleading representation in an application
or document under this Act, knowing it to be false or misleading, is guilty of
an offence.
Maximum penalty: $1 250.
30—Unauthorised
access to or interference with Register
A person must not, without the authority of the Registrar or other lawful
authority—
(a) obtain access to the Register or information contained in the
Register; or
(b) make, alter or delete an entry in the Register; or
(c) interfere with the Register in any other way.
Maximum penalty: $10 000 or imprisonment for 2 years.
(1) The Governor
may make regulations that are necessary or expedient for the purposes of this
Act.
(2) Without limiting the generality of
subsection (1)
, the regulations may—
(a) make provision for the service of notices under this Act;
and
(b) impose a penalty not exceeding a fine of $1 250 for contravention
of a provision of the regulations; and
(c) fix fees and provide for the payment, recovery, waiver or refund of
fees.
Schedule 1—Consequential,
related and other amendments
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Amendment of Assisted Reproductive
Treatment Act 1988
2—Amendment
of section 9—Conditions of registration
(1) Section 9(1)—after paragraph (b) insert:
(ba) a condition prohibiting the person from refusing to provide assisted
reproductive treatment to another on the basis only of the other's sexual
orientation or gender identity, marital status, or religious beliefs;
(2) Section 9(1)(c)(i) and (ii)—delete subparagraphs (i) and (ii)
and substitute:
(i) if it appears to be unlikely that, in the person's circumstances, the
person will become pregnant other than by an assisted reproductive
treatment;
(3) Section 9(1)(c)(iv)(C)—delete "his" and substitute:
the donor's
Part 3—Amendment of Births, Deaths and
Marriages Registration Act 1996
3—Amendment
of section 6—Registrar's functions
(1) Section 6—after "this Act" insert:
or any other Act
(2) Section 6—after its present contents as amended by this clause
(now to be designated as subsection (1)) insert:
(2) In addition to the general functions referred to in subsection (1),
the Registrar—
(a) may carry out any other function conferred on the Registrar by or
under this Act or any other Act; and
(b) may do anything necessary or expedient to be done for the purposes of
a function referred to in this section.
Part 4—Amendment of Domestic Partners
Property Act 1996
4—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of close personal
relationship—delete "gender" and substitute:
sex or gender identity
(2) Section 3(1), definition of domestic
partner—delete the definition and substitute:
domestic partner means—
(a) a person in a registered relationship, and includes—
(i) a person who is about to enter into a registered relationship;
or
(ii) a person who has been in a registered relationship; or
(b) a person who lives in a close personal relationship, and
includes—
(i) a person who is about to enter a close personal relationship;
or
(ii) a person who has lived in a close personal relationship;
(3) Section 3(1)—after the definition of property
insert:
registered relationship means a relationship that is
registered under the
Relationships
Register Act 2016
, and includes a corresponding law registered relationship under that
Act.
Part 5—Amendment of Equal Opportunity
Act 1984
5—Amendment
of section 5—Interpretation
(1) Section 5(1), definition of close personal
relationship—delete "gender" and substitute:
sexual orientation or gender identity
(2) Section 5(1), definition of domestic
partner—delete the definition and substitute:
domestic partner means—
(a) a person who is in a registered relationship; or
(b) a person who lives in a close personal relationship;
(3) Section 5(1)—after the definition of registered industrial
association insert:
registered relationship means a relationship that is
registered under the
Relationships
Register Act 2016
, and includes a corresponding law registered relationship under that
Act;
(4) Section 5(2)—delete subsection (2) and substitute:
(2) After the commencement of this subsection, the provision of assisted
insemination or assisted reproductive treatment (both within the meaning of the
Assisted
Reproductive Treatment Act 1988
) will be the provision of a service to which this Act applies; however, to
avoid doubt, the provision of any such service before the commencement of this
subsection is not (and will be taken never to have been) a service to which this
Act or the repealed
Sex
Discrimination Act 1975
applied.
6—Amendment
of section 29—Criteria for discrimination on ground of sex, gender
identity, sexual orientation or intersex status
(1) Section 29—delete "he or she" wherever occurring and substitute
in each case:
the person
(2) Section 29—after subsection (3) insert:
(4) For the purposes of this Act, a person discriminates on the ground of
intersex status—
(a) if the person treats another unfavourably because of the other's
intersex status or past intersex status; or
(b) if the person treats another unfavourably because the other does not
comply, or is not able to comply, with a particular requirement
and—
(i) the nature of the requirement is such that a substantially higher
proportion of persons who are not of intersex status complies, or is able to
comply, with the requirement than of those of intersex status; and
(ii) the requirement is not reasonable in the circumstances of the case;
or
(c) if the person treats another unfavourably on the basis of a
characteristic that appertains generally to persons of intersex status, or
presumed intersex status, or on the basis of a presumed characteristic that is
generally imputed to persons of intersex status; or
(d) if the person treats another unfavourably because of an attribute of
or a circumstance affecting a relative or associate of the other, being an
attribute or circumstance described in the preceding paragraphs.
7—Amendment
of section 30—Discrimination against applicants and
employees
Section 30—delete "or gender identity" wherever occurring and
substitute in each case:
, gender identity or intersex status
8—Amendment
of section 31—Discrimination against agents and independent
contractors
Section 31—delete "or gender identity" wherever occurring and
substitute in each case:
, gender identity or intersex status
9—Amendment
of section 32—Discrimination against contract workers
Section 32—delete "or gender identity" wherever occurring and
substitute in each case:
, gender identity or intersex status
10—Amendment
of section 33—Discrimination within partnerships
Section 33—delete "or gender identity" wherever occurring and
substitute in each case:
, gender identity or intersex status
11—Amendment
of section 34—Exemptions
Section 34—delete "or gender identity" wherever occurring and
substitute in each case:
, gender identity or intersex status
12—Amendment
of section 35—Discrimination by associations
(1) Section 35(1)—delete "or gender identity" wherever occurring and
substitute in each case:
, gender identity or intersex status
(2) Section 35(2a)—after paragraph (c) insert:
or
(d) persons of intersex status,
(3) Section 35(2b)—delete "or gender identity" and
substitute:
, gender identity or intersex status
13—Amendment
of section 36—Discrimination by qualifying bodies
Section 36—delete "or gender identity" and substitute:
, gender identity or intersex status
14—Amendment
of section 37—Discrimination by educational
authorities
Section 37—delete "or gender identity" wherever occurring and
substitute in each case:
gender identity or intersex status
15—Amendment
of section 38—Discrimination by person disposing of an interest in
land
Section 38—delete "or gender identity" and substitute:
, gender identity or intersex status
16—Amendment
of section 39—Discrimination in provision of goods and
services
Section 39—delete "or gender identity" and substitute:
, gender identity or intersex status
17—Amendment
of section 40—Discrimination in relation to
accommodation
Section 40—delete "or gender identity" wherever occurring and
substitute in each case:
, gender identity or intersex status
18—Amendment
of section 45—Charities
Section 45(a)—after subparagraph (ii) insert:
(iii) persons of intersex status; or
19—Amendment
of section 47—Measures intended to achieve equality
Section 47—delete "or gender identity" and substitute:
, gender identity or intersex status
After section 91 insert:
Part 6A—Practice guidelines
91A—Commissioner may issue practice
guidelines
(1) The Commissioner may issue practice guidelines on any matter relating
to this Act.
(2) In preparing practice guidelines, the Commissioner should consult with
persons or bodies that the Commissioner considers represent the areas or persons
to whom the practice guidelines will relate.
(3) The Commissioner must publish the practice guidelines on the
Commissioner's website.
91B—Effect of practice
guidelines
Practice guidelines—
(a) are not legally binding; but
(b) a court or the Tribunal may consider evidence of compliance with
practice guidelines if relevant to any matter before the court or Tribunal under
this Act.
Part 6—Amendment of Family Relationships
Act 1975
21—Amendment
of section 10A—Interpretation
Section 10A(1), definition of qualifying
relationship—delete the definition and substitute:
qualifying relationship means a marriage-like relationship
between 2 people who are partners (irrespective of their sex or gender
identity);
22—Amendment
of section 10C—Rules relating to parentage
Section 10C(3a)(a)—delete "(whether they are of the same or opposite
sex)" and substitute:
(irrespective of their sex or gender identity)
23—Amendment
of section 10F—Interpretation
(1) Section 10F, definition of commissioning
parents—delete the definition and substitute:
commissioning parent, in respect of a recognised surrogacy
agreement, means the person to whom custody of a child to whom the agreement
relates is, or is to be, surrendered;
(2) Section 10F, definition of prescribed international surrogacy
agreement, (b)—delete "commissioning parents" and
substitute:
a commissioning parent
(3) Section 10F—after the definition of recognised surrogacy
agreement insert:
registered relationship means a relationship that is
registered under the
Relationships
Register Act 2016
, and includes a corresponding law registered relationship under that
Act;
24—Amendment
of section 10HA—Recognised surrogacy agreements
(1) Section 10HA(2)—delete subsection (2) and substitute:
(2) A
recognised surrogacy agreement is an agreement—
(a) under which a surrogate mother agrees—
(i) to become pregnant or to seek to become pregnant; and
(ii) to surrender custody of, and rights in relation to, a child born as a
result of the pregnancy to another party to the agreement; and
(b) which complies with
the conditions set out below.
(2a) For the purposes of
subsection (2)(b)
, the conditions with which a recognised surrogacy agreement must comply
are as follows:
(a) the only parties to the agreement are—
(i) the surrogate mother (and, if she is a married woman, her husband);
and
(ii) the commissioning parent or commissioning parents (as the case may
be);
(b) each of the parties to the agreement must be at least 18 years
old;
(c) the commissioning parent, or if there are 2 commissioning parents,
both of the commissioning parents, must be domiciled in this State;
(d) if there are 2 commissioning parents—
(i) they must be legally married or in a registered relationship;
or
(ii) they must have lived together continuously in a marriage-like
relationship (irrespective of their sex or gender identity)—
(A) for the period of 3 years immediately preceding the date of the
agreement; or
(B) for periods aggregating not less than 3 years during the period
of 4 years immediately preceding the date of the agreement;
(e) it appears to be unlikely that a commissioning parent would become
pregnant in the circumstances (whether because of infertility, other medical
reasons or risk to an unborn child, or for some other reason);
(f) the surrogate mother must have been assessed by and approved as a
surrogate by a counselling service—
(i) that is accredited for the purposes of this paragraph in accordance
with the regulations; and
(ii) in accordance with any relevant guidelines published by the National
Health and Medical Research Council; and
(iii) in accordance with any other requirement that may be prescribed by
the regulations for the purposes of this paragraph;
(g) each of the
following persons must be issued with a certificate by a counselling service
that complies with the requirements of subsection (3):
(i) the surrogate mother and her husband or partner (if any);
(ii) the commissioning parent or, if there are 2 commissioning parents,
both of the commissioning parents;
(h) the agreement
must state that the parties intend that—
(i) the pregnancy is to be achieved by the use of a fertilisation
procedure carried out in this State; and
(ii) subject to the
issue of a certificate under subsection (5)—human reproductive
material with respect to creating an embryo for the purposes of the pregnancy
will be provided—
(A) by the commissioning parent; or
(B) if there are 2 commissioning parents, by at least 1 of the
commissioning parents;
(i) the agreement
must state that no valuable consideration is payable under, or in respect of,
the agreement, other than for expenses connected with or consisting
of—
(i) a pregnancy (including any attempt to become pregnant) that is the
subject of the agreement; or
(ii) the birth or care of a child born as a result of that pregnancy;
or
(iii) counselling or medical services provided in connection with the
agreement (including after the birth of a child); or
(iv) legal services provided in connection with the agreement (including
after the birth of a child); or
(v) reasonable out of pocket expenses incurred by the surrogate mother in
respect of the agreement; or
(vi) any other matter prescribed by the regulations for the purposes of
this provision;
(j) the agreement must state that the parties intend that the
commissioning parent or commissioning parents (as the case may be) will apply
for an order under section 10HB after the child is born;
(k) the agreement
must state that the commissioning parent or commissioning parents (as the case
may be) will, in accordance with any requirements in the State Framework for
Altruistic Surrogacy , take reasonable steps to ensure that the surrogate
mother and her husband or partner (if any) are offered counselling (at no cost
to the surrogate mother or her husband or partner) after the birth of a child to
which the agreement relates (including, to avoid doubt, a
still-birth).
(2) Section 10HA(3)—delete "subsection (2)(b)(vii)" and
substitute:
paragraph (g) of subsection (2a)
(3) Section 10HA(3)(ab)—delete "subparagraph" and
substitute:
paragraph
(4) Section 10HA(5)—delete "subsection (2)(b)(viii)(B)" and
substitute:
subsection (2a)(h)(ii)
(5) Section 10HA(5)(b)—delete paragraph (b) and
substitute:
(b) must relate to the person or persons seeking to be the commissioning
parent or commissioning parents under the relevant agreement; and
(6) Section 10HA(5)(c)(i)—delete subparagraph (i) and
substitute:
(i) —
(A) if there is only 1 person seeking to become the commissioning
parent—the person appears to be infertile; or
(B) if there are 2 persons seeking to become the commissioning
parents—both persons appear to be infertile; or
(7) Section 10HA(5)(c)(ii)—before "commissioning parents"
insert:
commissioning parent or
(8) Section 10HA(6)(a)—delete "subsection (1)" and
substitute:
the preceding subsections
(9) Section 10HA(6)(c)—after "husband" insert:
or partner
25—Amendment
of section 10HB—Orders as to parents of child born under recognised
surrogacy arrangements
(1) Section 10HB(2)—delete "commissioning parents" and
substitute:
commissioning parent or commissioning parents (as the case may
be)
(2) Section 10HB(4)—delete "by either or both of the commissioning
parents" and substitute:
—
(a) if there is only 1 commissioning parent—by that commissioning
parent; or
(b) if there are 2 commissioning parents—by either or both of the
commissioning parents
(3) Section 10HB(8)(b)—delete "applicants" and substitute:
applicant or applicants (as the case requires)
(4) Section 10HB(9)(a)—delete paragraph (a) and
substitute:
(a) whether the child's home is, and was at the time of the application,
with the commissioning parent or, if there are 2 commissioning parents, with
both commissioning parents;
(5) Section 10HB(9)(b)—before "if only" insert:
where there are 2 commissioning parents—
(6) Section 10HB(9)(c)—delete "section 10HA(2)(b)(ix)" and
substitute:
section 10HA(2a)(i)
(7) Section 10HB(9)(c)—before "by either of the commissioning
parents" insert:
by the commissioning parent or, if there are 2 commissioning
parents,
(8) Section 10HB(9)(c)(ii)—delete "commissioning parents" and
substitute:
commissioning parent or commissioning parents (as the case may
be)
(9) Section 10HB(10)—delete subsection (10) and
substitute:
(10) The Court must also decide whether, in the opinion of the Court, the
commissioning parent is, or the commissioning parents are, fit and proper to
parent the child.
(10) Section 10HB(14)—delete ", on the application of either or both
of the commissioning parents,"
26—Amendment
of section 10HC—Ability to discharge order
Section 10HC(6)(b)(ii)—delete subparagraph (ii) and
substitute:
(ii) the commissioning parent or, if there are 2 commissioning parents,
each of the commissioning parents; and
27—Amendment
of section 10HD—Court to notify Registrar of Births, Deaths and
Marriages
Section 10HD(2)(c)—delete paragraph (c) and substitute:
(c) the full name, address and occupation of the commissioning parent or,
if there are 2 commissioning parents, of each of the commissioning parents;
and
Part 7—Amendment of Wills
Act 1936
Before section 20 insert:
19A—Interpretation
In this Division—
partner, in relation to a registered relationship, means
either of the parties to the relationship;
registered relationship means a relationship that is
registered under the
Relationships
Register Act 2016
, and includes a corresponding law registered relationship under that
Act.
29—Amendment
of section 20—Will to be revoked by certain events
(1) Section 20(1)—delete "Subject to subsection (2), every will made
by a man or woman is revoked by his or her marriage" and substitute:
Subject to this section, a will made by a person will be revoked by the
person marrying or commencing a registered relationship
(2) Section 20(1)—delete "his or her" wherever occurring and
substitute in each case:
the person's
(3) Section 20—after subsection (2) insert:
(3) A will made after the commencement of the
Relationships
Register Act 2016
which is expressed to be made in contemplation of the registration of a
relationship under that Act, is not revoked by the commencement of the
registered relationship contemplated.
30—Amendment
of section 20A—Effect on will of ending of a marriage or registered
relationship
(1) Section 20A(1)—delete "is terminated" and substitute:
or registered relationship is ended,
(2) Section 20A(1)—after "spouse" wherever occurring insert in each
case:
or partner
(3) Section 20A(1)(d)—delete "termination of the marriage" and
substitute:
the marriage or registered relationship ended
(4) Section 20A(2)(a)—after "spouse" insert:
or partner
(5) Section 20A(2)(b)—delete "termination of the marriage" and
substitute:
ending of the marriage or registered relationship
(6) Section 20A(2)(c)—delete "termination of the marriage" and
substitute:
the ending of the marriage or registered relationship
(7) Section 20A(2)(d)—after "spouse" insert:
or partner
(8) Section 20A(3)(a)—delete "terminated" and substitute:
ended
(9) Section 20A(3)—after paragraph (a) insert:
(ab) a registered relationship is ended when it is taken to end under the
Relationships
Register Act 2016
;
31—Amendment
of section 22—In what cases wills may be revoked
(1) Section 22(a)—delete "termination of marriage" and
substitute:
the ending of a marriage
(2) Section 22—after paragraph (a) insert:
(ab) by commencing or ending a registered relationship under the
Relationships
Register Act 2016
; or