Children (Equality of Status) Amendment Act 1979 (NSW)

CHILDREN (EQUALITY OF STATUS) AMENDMENT

ACT, 1979, No. 1

ANNO VICESIMO OCTAVO

ELIZABETHE II REGINE

Act No. 1, 1979.

An Act to amend the Children (Equality of Status) Act, 1976, with regard to the establishment of the paternity and maternity of children, and in certain other respects. [Assented to, 22nd March, 1979.]

67880G-1

See also Registration of Births, Deaths and Marriages (Amendment) Act, 1979.

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1.      This Act may be cited as the "Children (Equality of Status)

Amendment Act, 1979".

2. ( 1 ) Except as provided in subsection ( 2 ) , this Act shall

commence on the date of assent to this Act.

(2) Schedule 2, and section 5 in its application to Schedule

2, shall commence on the day appointed and notified under section
2 (3 ) of the Principal Act.

3 . The Children (Equality of Status) Act, 1 9 7 6 , is referred

to in this Act as the Principal Act.

4 .      This Act contains the following Schedules :—

SCHEDULE 1 . — A M E N D M E N T S TO PARTS I , I I AND I I I OF

THE PRINCIPAL A C T .

SCHEDULE 2 . — A M E N D M E N T S TO PART I V OF THE

PRINCIPAL A C T .

5 .     The Principal Act is amended in the manner set forth in

Schedules 1 and 2.

SCHEDULE 1.

A M E N D M E N T S TO PARTS I , I I AND I I I OF THE PRINCIPAL	A C T .
(1 )	Section 4 ( 1 ) , definition of "custody order"—

After the definition of "blood tests", insert :—

"custody order" includes a custody order made under, or registered or registrable under, the Family Law Act 1975, as subsequently amended, of the Parliament of the Commonwealth;

(2 ) (a ) Section 8 ( 1 ) —

Omit the subsection, insert instead :—

(1) Dispositions—

(a)	made inter vivos before the commencement of this Act; or
(b)	made by will or codicil executed by a person who died before that commencement,

shall be construed as if this Act had not been passed.

(b) Section 8 ( 2 ) —

Omit "other than one to which section 7 applies", insert instead "referred to in subsection ( 1 ) " .

(3) Section 12 (6) ( a ) —

Omit "and is for the time being registered under section 67 or 68 of the Family Law Act 1975, as subsequently amended, of the Parliament of the Commonwealth".

SCHEDULE 1—continued.

A M E N D M E N T S TO PARTS I , I I AND I I I OF THE PRINCIPAL A C T —

continued.

(4 ) Section 14 (6) ( a ) —

Omit "and is for the time being registered under section 67 or 68 of the Family Law Act 1975, as subsequently amended, of the Parliament of the Commonwealth".

(5 ) Section 17 ( 3 ) —

After section 17 ( 2 ) , insert :—

(3) Subsection (2) does not apply so as to allow the admission of evidence in rebuttal of an irrebuttable or a conclusive presumption of law arising by virtue of this or any other Act or any rule of law.

SCHEDULE 2.

A M E N D M E N T S TO PART I V OF THE PRINCIPAL A C T .

(1 ) (a) Section 19 ( 1 1 ) —

Omit "or a registered nurse", insert instead ", a registered nurse or a person of a class of persons prescribed for the purposes of this subsection".

SCHEDULE 2—continued.

A M E N D M E N T S TO PART I V OF THE PRINCIPAL ACT—continued.

(b) Section 19 ( 1 2 ) —

Omit "specified in", insert instead "of a class specified in or prescribed under".

(2) (a) Section 20 (2A) —

After section 20 ( 2 ) , insert :—

(2A) Where the person responsible for taking blood samples for the purpose of giving effect to a direction under section 19 (1) or (2) takes those samples and makes to the court which gave the direction a report in or to the effect of the prescribed form with regard to the taking or identification of those samples, the report shall be admitted by the court as evidence in the proceedings of the matters stated in the report.

(b) Section 20 ( 3 ) —

Omit "or (2 ) " , insert instead ", (2) or ( 2 A ) " .

(c) Section 20 (4) ( a ) , ( b ) —

Omit the paragraphs, insert instead :—

(a)	any person who has made a report under
subsection ( 1 ) , (2) or (2A) ; and
(b)	any person who took or assisted in taking the

samples referred to in such a report or who carried out or assisted in carrying out the tests referred to in such a report,

SCHEDULE 2—continued.

A M E N D M E N T S TO PART I V OF THE PRINCIPAL ACT—continued.

(d) Section 20 ( 6 ) —

Omit "a report under this section with respect to", insert instead "reports under this section with respect to taking or".

(e) Section 20 ( 6 ) —

Omit "except where the party is a minor in which case the cost shall be paid by the person having care and control of the minor", insert instead "except where the court which has given the direction in its discretion orders that the cost or part thereof be paid by another party to the proceedings, in which case the cost or part thereof shall be paid by that other party".

(f) Section 20 ( 7 ) —

Omit "another party to the proceedings", insert instead

"a person".

(g) Section 20 ( 7 ) —

Omit "other party" wherever occurring, insert instead

"person".

(h) Section 20 ( 8 ) —

After section 20 ( 7 ) , insert :—

(8) A reference in subsection (6) or (7) to a party shall, where the party is a minor, be deemed to be a reference to the person having care and control of the minor.

SCHEDULE 2—continued.

A M E N D M E N T S TO PART I V OF THE PRINCIPAL ACT—continued.

( 3 ) Section 21 (1) ( b ) , ( 3 ) ( a ) —

Omit "the presumption of law arising under section 10 ( 1 ) " wherever occurring, insert instead "a rebuttable presump­ tion of law arising by virtue of this or any other Act or any rule of law".