Relationships Act 2003

Relationships Act 2003

This Act may be cited as the Relationships Act 2003.

This Act commences on a day to be proclaimed.

In this Act –

caring relationship– see section 5;

child includes – a child of which the partners are the natural parents; and a child of a female whose male partner is treated as the father of the child under section 10C of the Status of Children Act 1974; and a child adopted by the partners; and a surrogate child of the partners;

court means – the Supreme Court; or the Magistrates Court;

disposition includes a sale or gift;

family relationship– see section 7;

financial matters means matters relating to any one or more of the following:the maintenance of either or both of the partners; the income or property of either or both of the partners; the financial resources of either or both of the partners;

financial resources includes – a prospective claim or entitlement in respect of a scheme, fund or arrangement under which superannuation, retirement or similar benefits are provided; and property that under the provisions of a discretionary trust may become vested in or used or applied in or towards the purposes, or for the benefit, of either or both partners or of any third party at their direction; and property, the alienation or disposition of which is wholly or partly under the control of either or both partners and which is lawfully capable of being used or applied by or on behalf of either or both partners in or towards their purposes or for their benefit or that of any third party at their direction; and an indexed pension; and any other valuable benefit;

legal practitioner means an Australian legal practitioner;

Magistrates Court means the Magistrates Court (Civil Division) established under the Magistrates Court (Civil Division) Act 1992;

marriage means a marriage under the Marriage Act 1961 of the Commonwealth;

order means an order under Part 5;

parent includes surrogate parent;

partner means a person who is or has been in a personal relationship;

periodic maintenance means maintenance paid or payable as a weekly, fortnightly, monthly, yearly or other periodic sum;

personal relationship– see section 6;

personal relationship agreement means an agreement or a variation of an agreement between two persons, whether or not there are other parties to the agreement – that is made before, on or after the commencement of this Act – in contemplation of their entering into a personal relationship; or during the existence of their personal relationship; and that provides for financial matters, whether or not it provides for other matters;

property includes – real and personal property; and any estate or interest (whether a present, future or contingent estate or interest) in real or personal property; and money and any debt; and any cause of action for damages; and any other chose in action; and any right with respect to property;

Register means the Relationships Register maintained under section 19;

Registrar means the Registrar of Births, Deaths and Marriages holding office under the Births, Deaths and Marriages Registration Act 1999;

regulations means the regulations in force under this Act;

separation agreement means an agreement or a variation of an agreement between partners, whether or not there are other parties to the agreement, and an agreement which varies a personal relationship agreement – that is made before, on or after the commencement of this Act – in contemplation of the termination of the personal relationship; or after the termination of the personal relationship; and that provides for financial matters, whether or not it provides for other matters;

significant relationship– see section 4;

surrogate child, in relation to partners, means a child – who is a child of the partners by virtue of the operation of section 26(1) of the Surrogacy Act 2012, or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and who has not ceased to be a child of the partners under the Act or law;

surrogate parent means a person – who is a parent of a child by virtue of the operation of section 26(1) of the Surrogacy Act 2012, or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and who has not ceased to be a parent of the child under that Act or law.

For the purposes of this Act, a significant relationship is a relationship between two adult persons – who have a relationship as a couple; and who are not married to one another or related by family.

If a significant relationship is registered under Part 2, proof of registration is proof of the relationship.

If a significant relationship is not registered under Part 2, in determining whether two persons are in a significant relationship, all the circumstances of the relationship are to be taken into account, including such of the following matters as may be relevant in a particular case:the duration of the relationship; the nature and extent of common residence; whether or not a sexual relationship exists; the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties; the ownership, use and acquisition of property; the degree of mutual commitment to a shared life; the care and support of children; the performance of household duties; the reputation and public aspects of the relationship.

No finding in respect of any of the matters mentioned in subsection (3)(a) to (i), or in respect of any combination of them, is to be regarded as necessary for the existence of a significant relationship, and a court determining whether such a relationship exists is entitled to have regard to such matters, and to attach such weight to any matter, as may seem appropriate to the court in the circumstances of the case.

For the purposes of this Act, a caring relationship is a relationship other than a marriage or significant relationship between two adult persons whether or not related by family, one or each of whom provides the other with domestic support and personal care.

For the purposes of subsection (1), a caring relationship is taken not to exist between two persons where one of them provides the other with domestic support and personal care – for fee or payment in the nature of wages; or under an employment relationship between the persons; or on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation).

For the purpose of subsection (2)(a), a fee does not include a carer allowance or carer payment under the Social Security Act 1991 of the Commonwealth made to a party to a caring relationship in respect of care provided by that party to the other party to the relationship.

If a caring relationship is registered under Part 2, proof of registration is proof of the relationship.

If a caring relationship is not registered under Part 2, in determining whether two persons are in a caring relationship, all the circumstances of the relationship are to be taken into account including such of the following matters as may be relevant in a particular case:the duration of the relationship; the nature and extent of common residence; the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties; the ownership, use and acquisition of property; the degree of mutual commitment to a shared life; the performance of household duties; the reputation and public aspects of the relationship; the level of personal care and domestic support provided by one or each of the partners to the other.

No finding in respect of any of the matters mentioned in subsection (5)(a) to (h), or in respect of any combination of them, is to be regarded as necessary for the existence of a caring relationship, and a court determining whether such a relationship exists is entitled to have regard to such matters, and to attach such weight to any matter, as may seem appropriate to the court in the circumstances of the case.

For the purposes of this Act, a personal relationship is –

a significant relationship; or a caring relationship.

For the purposes of sections 4 and 5, persons are related by family if – one is the parent, or another ancestor, of the other; or one is the child, or another descendant, of the other; or they have a parent in common.

For the purposes of this section – 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 the relationship of the 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 be effective; and 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 a person who has been adopted more than once is taken to be the child of each person by whom he or she has been adopted.

For the purposes of this section – 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 a surrogate child; and the relationship of parent and child between a surrogate parent and a surrogate child is taken to continue even though the child has ceased to be a surrogate child of the parent; and the relationship between a surrogate child and the surrogate parent, or each of the surrogate parents, is taken to be or to have been the natural relationship of child and parent; and a person who has been a surrogate child of different surrogate parents at different times is taken to be the child of each person in respect of whom he or she is a surrogate child.

This Act does not apply to –

a personal relationship that ceased before the commencement of this Act; or a person who was a partner in a personal relationship that ceased before the commencement of this Act in relation to matters arising out of that relationship.

This Act does not exclude any other form of remedy or relief under any other Act or law.

In proceedings between partners relating to existing title or rights in property, a court may declare any title or rights that a partner has in respect of the property.

In making a declaration under subsection (1), the court may make any order to give effect to the declaration.

An order under this section is binding on – the partners; and any other person who was given – notice of the proceedings; and the opportunity of being heard.

Two adult persons – who are domiciled or ordinarily resident in the State; and who are not married or a party to a deed of relationship; and who are in a significant or caring relationship – may apply to the Registrar, in a form approved by the Registrar, for registration of a deed of relationship in relation to that significant or caring relationship.

An application under subsection (1) is to be accompanied by – a statutory declaration from each of the applicants verifying that the person who is the subject of the application – consents to the registration; and is not married; and is not a party to a deed of relationship or in another personal relationship; and evidence of the identity and age of each applicant (as provided for in the form of application); and in the case of a caring relationship, a certificate referred to in subsection (3); and the fee prescribed under section 30(1)(a); and any other document or information that the Registrar requires.

Each party to a caring relationship must lodge a certificate, in a form approved by the Registrar, from a legal practitioner which states that the legal practitioner provided legal advice to that party, independently of the other party to the relationship, as to – the effect of the registration of a deed of relationship on the rights of the parties; and the advantages and disadvantages, at the time that the advice was provided, to the party of registering a deed of relationship.