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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Registered Relationships)
Bill 2017
A BILL FOR
An Act to amend the
Family
Relationships Act 1975
and various other Acts to make provision for registered
relationships.
Contents
Part 2—Amendment of Family
Relationships Act 1975
4Amendment of section
11—Interpretation
Part 3—Amendment of Civil Liability
Act 1936
7Amendment of section
3—Interpretation
Part 4—Amendment of Governors'
Pensions Act 1976
8Amendment of section
2—Interpretation
Part 5—Amendment of Housing
Improvement Act 2016
9Amendment of section
4—Interpretation
Part 6—Amendment of Inheritance
(Family Provision) Act 1972
10Amendment of section
4—Interpretation
Part 7—Amendment of Judges' Pensions
Act 1971
11Amendment of section
4—Interpretation
Part 8—Amendment of Parliamentary
Superannuation Act 1974
12Amendment of section
5—Interpretation
13Amendment of section 7A—Putative
spouses
Part 9—Amendment of Police
Superannuation Act 1990
14Amendment of section
4—Interpretation
15Amendment of section 4A—Putative
spouses
Part 10—Amendment of Public Trustee
Act 1995
16Amendment of section
3—Interpretation
Part 11—Amendment of Southern State
Superannuation Act 2009
17Amendment of section
3—Interpretation
18Amendment of section 7—Putative
spouses
Part 12—Amendment of Superannuation
Act 1988
19Amendment of section
4—Interpretation
20Amendment of section 4A—Putative
spouses
Part 13—Amendment of Supreme Court
Act 1935
21Amendment of section 13H—Pre-retirement
leave
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Registered
Relationships) Act 2017.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Family Relationships
Act 1975
4—Amendment
of section 11—Interpretation
(1) Section 11, definition of close personal
relationship—delete "gender" and substitute:
sex or gender identity
(2) Section 11—after the definition of close personal
relationship 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.
Section 11A—delete the section and substitute:
11A—Domestic partners
A person is, on a certain date, the domestic partner of
another if—
(a) the person is, on that date, in a registered relationship with the
other; or
(b) the person is, on that date, living with the other in a close personal
relationship and—
(i) the person—
(A) has so lived with the other continuously for the period of
3 years immediately preceding that date; or
(B) has during the period of 4 years immediately preceding that date
so lived with the other for periods aggregating not less than 3 years;
or
(ii) a child, of whom the 2 persons are the parents, has been born
(whether or not the child is still living at that date).
6—Amendment
of section 11B—Declaration as to domestic partners (other than domestic
partners in registered relationship)
(1) Section 11B(1)—delete "A" and substitute:
Subject to subsection (3), a
(2) Section 11B(1)(a)—delete "he or she" and substitute:
the person
(3) Section 11B—after subsection (2) insert:
(2a) This section does not apply to domestic partners who are in a
registered relationship who may provide evidence that they were, on a certain
date, in the registered relationship by producing a certificate issued by the
Registrar of Births, Deaths and Marriages under section 21 of the
Relationships
Register Act 2016
.
Part 3—Amendment
of Civil Liability
Act 1936
7—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of domestic
partner—delete the definition and substitute:
domestic partner, in relation to any cause of action arising
under this Act, means—
(a) a person declared under the
Family
Relationships Act 1975
to have been a domestic partner on the day on which the cause of action
arose; or
(b) a person who was in a registered relationship on the day on which the
cause of action arose;
(2) Section 3(1)—after the definition of pure mental
harm 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 4—Amendment
of Governors' Pensions
Act 1976
8—Amendment
of section 2—Interpretation
(1) Section 2, definition of domestic partner—delete
the definition and substitute:
domestic partner—
(a) in relation to a deceased Governor, means—
(i) a person declared under the
Family
Relationships Act 1975
to have been the domestic partner of the Governor as at the date of the
Governor's death; or
(ii) a person who was in a registered relationship with the Governor as at
the date of the Governor's death;
(b) in relation to a deceased former Governor, means—
(i) a person declared under the
Family
Relationships Act 1975
to have been the domestic partner of the former Governor as at the date of
the former Governor's death; or
(ii) a person who was in a registered relationship with the former
Governor as at the date of the former Governor's death;
(2) Section 2—after the definition of pension
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 Housing Improvement Act
2016
9—Amendment
of section 4—Interpretation
(1) Section 4(1)—after the definition of director
insert:
domestic partner means a person who is a domestic partner
within the meaning of the
Family
Relationships Act 1975
, whether declared as such under that Act or not;
(2) Section 4(1)—after the definition of residential tenancy
agreement insert:
spouse—a person is the spouse of another if they are
legally married;
Part 6—Amendment
of Inheritance (Family Provision)
Act 1972
10—Amendment
of section 4—Interpretation
Section 4, definition of domestic partner—delete the
definition and substitute:
domestic partner, in relation to a deceased person,
means—
(a) a person declared under the
Family
Relationships Act 1975
to have been the domestic partner of the deceased as at the date of the
person's death, or at some earlier date; or
(b) a person who was in a registered relationship with the deceased as at
the date of the deceased person's death, or at some earlier date;
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 7—Amendment
of Judges' Pensions
Act 1971
11—Amendment
of section 4—Interpretation
(1) Section 4(1), definition of domestic
partner—delete the definition and substitute:
domestic partner—
(a) in relation to a deceased Judge, means—
(i) a person declared under the
Family
Relationships Act 1975
to have been the domestic partner of the Judge as at the date of the
Judge's death; or
(ii) a person who was in a registered relationship with the Judge as at
the date of the Judge's death;
(b) in relation to a deceased former Judge, means—
(i) a person declared under the
Family
Relationships Act 1975
to have been the domestic partner of the former Judge as at the date of
the former Judge's death; or
(ii) a person who was in a registered relationship with the former Judge
as at the date of the former Judge's death;
(2) Section 4(1)—after the definition of notional
pension 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 8—Amendment
of Parliamentary Superannuation
Act 1974
12—Amendment
of section 5—Interpretation
Section 5(1)—after the definition of putative spouse
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;
13—Amendment
of section 7A—Putative spouses
(1) Section 7A(1)—after paragraph (b) insert:
or
(c) the person is, on that date, in a registered relationship with the
other person.
(2) Section 7A(2)—delete subsection (2) and substitute:
(2) Subject to subsection (2a), a person whose rights depend on
whether—
(a) the person and another person; or
(b) 2 other persons,
were, on a certain date, putative spouses 1 of the other may apply to the
District Court for a declaration under this section.
(2a) A person whose rights depend on whether—
(a) the person and another person; or
(b) 2 other persons,
were, on a certain date, in a registered relationship may provide evidence
that they or those persons, were, on that date, in the registered relationship
by producing a certificate issued by the Registrar of Births, Deaths and
Marriages under section 21 of the
Relationships
Register Act 2016
.
Part 9—Amendment
of Police Superannuation
Act 1990
14—Amendment
of section 4—Interpretation
Section 4(1)—after the definition of putative spouse
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;
15—Amendment
of section 4A—Putative spouses
(1) Section 4A(1)—after paragraph (b) insert:
or
(c) the person is, on that date, in a registered relationship with the
other person.
(2) Section 4A(2)—delete subsection (2) and substitute:
(2) Subject to subsection (2a), a person whose rights depend on
whether—
(a) the person and another person; or
(b) 2 other persons,
were, on a certain date, putative spouses 1 of the other may apply to the
District Court for a declaration under this section.
(2a) A person whose rights depend on whether—
(a) the person and another person; or
(b) 2 other persons,
were, on a certain date, in a registered relationship may provide evidence
that they or those persons, were, on that date, in the registered relationship
by producing a certificate issued by the Registrar of Births, Deaths and
Marriages under section 21 of the
Relationships
Register Act 2016
.
Part 10—Amendment
of Public Trustee
Act 1995
16—Amendment
of section 3—Interpretation
(1) Section 3, definition of domestic partner—delete
the definition and substitute:
domestic partner, in relation to a deceased person,
means—
(a) a person declared under the
Family
Relationships Act 1975
to have been the domestic partner of that person as at the date of the
deceased person's death; or
(b) a person who was in a registered relationship with the deceased person
as at the date of the deceased person's death;
(2) Section 3—after the definition of Public Trustee
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 11—Amendment
of Southern State Superannuation
Act 2009
17—Amendment
of section 3—Interpretation
Section 3(1)—after the definition of putative spouse
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;
18—Amendment
of section 7—Putative spouses
(1) Section 7(1)—after paragraph (b) insert:
or
(c) the person is, on that date, in a registered relationship with the
other person.
(2) Section 7(2)—delete subsection (2) and substitute:
(2) Subject to subsection (2a), a person whose rights depend on
whether—
(a) the person and another person; or
(b) 2 other persons,
were, on a certain date, putative spouses 1 of the other may apply to the
District Court for a declaration under this section.
(2a) A person whose rights depend on whether—
(a) the person and another person; or
(b) 2 other persons,
were, on a certain date, in a registered relationship may provide evidence
that they or those persons, were, on that date, in the registered relationship
by producing a certificate issued by the Registrar of Births, Deaths and
Marriages under section 21 of the
Relationships
Register Act 2016
.
Part 12—Amendment
of Superannuation
Act 1988
19—Amendment
of section 4—Interpretation
Section 4(1)—after the definition of putative spouse
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;
20—Amendment
of section 4A—Putative spouses
(1) Section 4A(1)—after paragraph (b) insert:
or
(c) the person is, on that date, in a registered relationship with the
other person.
(2) Section 4A(2)—delete subsection (2) and substitute:
(2) Subject to subsection (2a), a person whose rights depend on
whether—
(a) the person and another person; or
(b) 2 other persons,
were, on a certain date, putative spouses 1 of the other may apply to the
District Court for a declaration under this section.
(2a) A person whose rights depend on whether—
(a) the person and another person; or
(b) 2 other persons,
were, on a certain date, in a registered relationship may provide evidence
that they or those persons, were, on that date, in the registered relationship
by producing a certificate issued by the Registrar of Births, Deaths and
Marriages under section 21 of the
Relationships
Register Act 2016
.
Part 13—Amendment
of Supreme Court
Act 1935
21—Amendment
of section 13H—Pre-retirement leave
(1) Section 13H(4c), definition of domestic
partner—delete the definition and substitute:
domestic partner, in relation to a deceased judge or master,
means—
(a) a person declared under the
Family
Relationships Act 1975
to have been the domestic partner of that judge or master (as the case may
be) as at the date of the judge's or master's death; or
(b) a person who was in a registered relationship with the judge or master
(as the case may be) as at the date of the judge's or master's death;
(2) Section 13H(4c)—after the definition of members of the
family 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;