Relationships Amendment Bill 2015
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1
sets out the purpose of the Bill, which is to amend the
Relationships Act 2008—

to further provide for the registration of a registrable
relationship;

to provide for a relationship registered or formally
recognised under a corresponding law to be taken to be
a registered domestic relationship in Victoria; and

to make other consequential amendments.
Clause 2
provides for the Bill to come into operation on a day or days to
be proclaimed, or otherwise on 1 October 2016.
Clause 3
provides that in the Bill, the Relationships Act 2008 is called the
Principal Act.
Clause 4
provides for the circumstance where two adults are related by
family for the purposes of the Principal Act. The meaning of
the term is relevant for the general requirements under new
section 33B (inserted by clause 6 of the Bill). The term is also
used in the definition of registrable caring relationship in
section 5 of the Principal Act.
Two adult persons are related by family for the purposes of the
Principal Act if—

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one is the child of the other, including an adopted child;
or
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BILL LA INTRODUCTION 6/10/2015

one is another descendant of the other, even if the
relationship between them is traced through an adoptive
parent; or

the persons have a parent in common, including an
adoptive parent of either or both of the persons.
The term "parent" is intended to include a person is who
presumed under the Status of Children Act 1974 to be the
mother, father or parent of a child.
The term applies: even if an adoption has been declared void or is
of no effect; to adoptions under the law of any Australian State or
Territory or another country relating to the adoption of children;
and in relation to a child whose parentage is transferred as a
result of a substitute parentage order within the meaning of the
Status of Children Act 1974 or under the law of another
country.
Clause 5
substitutes section 6 of the Principal Act. Section 6 sets out the
criteria for making an application to the Registrar to register a
registrable domestic relationship or a registrable caring
relationship in the Relationships Register.
New section 6(a) provides that an application may be made
where one of the persons in the relationship lives in the State.
This is a change from the current application criteria, which
require both persons in the relationship to be domiciled or
ordinarily resident in Victoria.
It is intended that the words "lives in the State" be given their
ordinary meaning. However, it is intended that a person would
need to show only that they currently live in Victoria and would
not have to satisfy a minimum term of residency (either prior to
or following registration).
New section 6(b) provides that an application may be made
where each of the persons in the relationship is not married, or
in a registered relationship, and is not in another relationship
that could be registered under Part 2 of the Principal Act.
These requirements for an application are the same requirements
as in subsections 6(b) and (c) of the Principal Act as in force
before the commencement of the Bill.
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Persons in relationships that have been registered or formally
recognised under corresponding laws under new Chapter 2A
(inserted by clause 6 of the Bill) will not be able to register their
relationship as they will already be taken to be in a registered
relationship for the purposes of new section 6(b).
Clause 6
inserts a new Chapter 2A into the Principal Act, to provide for
the recognition of corresponding law relationships.
New section 33A sets out definitions that are used in the new
Chapter 2A that are corresponding law, corresponding law
relationship and general requirements.
Corresponding law means a law that is either a prescribed law
under regulation or that is a law of a State, a Territory or another
country that in accordance with the general requirements in the
new section 33C provides for the registration of or the formal
recognition of a relationship.
It is intended that corresponding laws include laws that provide
for relationship registration schemes and civil partnerships in
other Australian States and Territories, as well as appropriate
laws that provide for same sex marriage and civil unions in
countries overseas.
Corresponding law relationship means a relationship registered
or formalised under a corresponding law.
General requirements means the requirements set out in the new
section 33B.
New section 33B provides the general requirements for a law to
be a corresponding law under Chapter 2A of the Principal Act.
In order to be a corresponding law, a law must only allow for the
registration or formal recognition of a relationship where the
relationship—

is between two adults persons (an adult person is a
person who is 18 years of age or more, in accordance
with the definition of adult person in the Principal Act);

must be entered into consensually;

must not be able to be entered into by persons related by
family (in accordance with the meaning of the term
provided for under new section 3A inserted by clause 4
of the Bill);
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
must not be entered into by a person who is already
married; and

must not be entered into by a person who is already in a
relationship that is registered or formally recognised
under that law.
New section 33C provides that a corresponding law
relationship that is not a marriage within the meaning of the
Marriage Act 1961 of the Commonwealth is taken to be a
registered domestic relationship.
This means that a corresponding law relationship will be treated
as if it were a registered domestic relationship for the purposes of
Victorian law, even though it is not recorded in the Relationships
Register.
It is not necessary for a corresponding law relationship to include
marriages under the Marriage Act 1961 of the Commonwealth
because these relationships are already recognised as marriages
for the purposes of Victorian law.
Clause 7
inserts a new subsection 71(1)(ab) into the Principal Act, to
provide that regulations may be made for or with respect to
prescribing a law to be a corresponding law for the purposes of
Chapter 2A.
Clause 8
inserts a new section 74B into the Principal Act to provide
transitional arrangements relating to the operation of new
section 6 and Chapter 2A inserted by the Bill.
New section 74B(1) provides that section 6, as amended by
clause 5 of the Bill, with its revised criteria for making an
application to register a relationship in the Relationships
Register, applies to an application that is in existence but not
determined immediately before the commencement of the Bill,
unless both of the parties to the relationship do not live in
Victoria.
The intention of section 74B(1) is to provide that generally,
where an application is made but not determined before the
commencement of the Bill, that application should be determined
under the new section 6, which requires only one party to the
relationship to live in Victoria. However, if such an application
is made by parties to a relationship who both claim to be
domiciled in Victoria (in accordance with the criteria for making
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an application under section 6 as in force before the Bill
commences), but neither person lives in Victoria (within the
meaning of new section 6), the application should be determined
under section 6 as in force before the Bill commences.
Section 74B(2) provides that new Chapter 2A applies to a
corresponding law relationship that was in existence immediately
prior to the commencement of the Bill. This provision is
intended to ensure that relationships that have already been
registered or formally recognised under a corresponding law
prior to the commencement of the Bill and that are still in
existence will be taken to be registered domestic relationships in
accordance with new section 33C, as well as relationships that
are registered or formalised after the commencement.
Clause 9
provides for the automatic repeal of this amending Act on
1 October 2017. The repeal of this Act does not affect in any
way the continuing operation of the amendments made by this
Act (see section 15(1) of the Interpretation of Legislation
Act 1984).
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