Births, Deaths and Marriages Registration (Relationships Register) Variation Regulations 2017 (SA)

South Australia

Births, Deaths and Marriages Registration (Relationships Register) Variation Regulations 2017

under the Births, Deaths and Marriages Registration Act 1996

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Births, Deaths and Marriages Registration Regulations 2011

4            Variation of regulation 3—Interpretation

5            Variation of regulation 5—Information to be included in birth registration statement

6            Variation of regulation 6—Particulars of birth to be included in Register

7           Variation of regulation 9—Particulars required in notification by funeral director etc

8            Variation of regulation 10—Particulars of death to be included in Register

9            Variation of regulation 12—Fees

Part 1—Preliminary

1—Short title

These regulations may be cited as the Births, Deaths and Marriages Registration (Relationships Register) Variation Regulations 2017.

2—Commencement

These regulations will come into operation on 25 August 2017.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Births, Deaths and Marriages Registration Regulations 2011

4—Variation of regulation 3—Interpretation

1. Regulation 3—after the definition of court appointed guardian insert:

   de facto relationship has the same meaning as in the Family Law Act 1975 of the Commonwealth;

2. Regulation 3—after the definition of fertilisation procedure insert:

   parent includes—

   (a)the mother and father of the child; and

   (b)the mother and co‑parent of the child (within the meaning of the Family Relationships Act 1975); and

   (c)the parent of a child under an order under section 10HB of the Family Relationships Act 1975;

3. Regulation 3—after the definition of place of a birth, marriage or death insert:

   place at which a registered relationship was entered into means—

   (a)—

   (i)if the registered relationship was entered into at a place in South Australia that has an address—that address; or

   (ii)if the registered relationship was entered into at a place in South Australia that does not have an address—a statement identifying the general location in which the registered relationship was entered into; or

   (b)if the relationship is a corresponding law registered relationship (within the meaning of the Relationships Register Act 2016)—the name of the place in the jurisdiction in which the relationship was registered or otherwise formally recognised;

4. Regulation 3—after the definition of prescribed area insert:

   registered relationship has the same meaning as in the Relationships Register Act 2016.

5—Variation of regulation 5—Information to be included in birth registration statement

Regulation 5—delete paragraph (l) and substitute:

(l)if the child's parents are married or in a registered relationship—

(i)the date on which the marriage took place or the registered relationship commenced (as the case requires); and

(ii)the place at which the marriage occurred or the registered relationship was entered into (as the case requires);

6—Variation of regulation 6—Particulars of birth to be included in Register

Regulation 6—delete paragraph (i) and substitute:

(i)if the child's parents are married or in a registered relationship—

(i)the date on which the marriage took place or the registered relationship commenced (as the case requires); and

(ii)the place at which the marriage occurred or the registered relationship was entered into (as the case requires);

7—Variation of regulation 9—Particulars required in notification by funeral director etc

1. Regulation 9(f)—delete paragraph (f) and substitute:

   (f)if the deceased was of or over the age of 16 years, the following information:

   (a)the deceased's marital status at the time of death;

   (b)the deceased's registered relationship status at the time of death;

   (c)whether, at the time of death, the deceased was in a de facto relationship;

2. Regulation 9—after paragraph (g) insert:

   (ga)in relation to each registered relationship entered into by the deceased—the deceased's age at the commencement of the registered relationship and the name of the other person in the relationship;

   (gb)if, at the time of the deceased's death, the deceased was in a de facto relationship—the name of the other person in the relationship;

3. Regulation 9(k)—delete paragraph (k) and substitute:

   (k)the names of the deceased's parents and, if a parent's name is different to the parent's current name, the name of the parent at birth (or on adoption);

8—Variation of regulation 10—Particulars of death to be included in Register

1. Regulation 10(1)(h)—delete paragraph (h) and substitute:

   (h)if the deceased was of or over the age of 16 years, the following information:

   (a)the deceased's marital status at the time of death;

   (b)the deceased's registered relationship status at the time of death;

   (c)whether, at the time of death, the deceased was in a de facto relationship;

2. Regulation 10(1)—after paragraph (i) insert:

   (ia)in relation to each registered relationship entered into by the deceased—the deceased's age at the commencement of the registered relationship and the name of the other person in the relationship;

   (ib)if, at the time of the deceased's death, the deceased was in a de facto relationship—the name of the other person in the relationship;

3. Regulation 10(1)(m)—delete paragraph (m) and substitute:

   (m)the names of the deceased's parents and, if a parent's name is different to the parent's current name, the name of the parent at birth (or on adoption);

9—Variation of regulation 12—Fees

Regulation 12—after its present contents (now to be designated as subregulation (1)) insert:

(2)The Registrar may charge a fee for providing any other service relating to the registration of a registrable event.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 1 August 2017

No 214 of 2017

DPC17/047CS