Equality of Status Subsidiary Legislation Amendment Regulations 2003 (WA)

Case
No judgment structure available for this case.

PRINT POST APPROVED PP665002/00041

WESTERN 2581
AUSTRALIAN
GOVERNMENT
PERTH, MONDAY, 30 JUNE 2003 No. 111 SPECIAL

PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.30 PM

© STATE OF WESTERN AUSTRALIA

ACTS AMENDMENT (EQUALITY OF STATUS)

ACT 2003

_________

EQUALITY OF STATUS

SUBSIDIARY LEGISLATION

AMENDMENT

REGULATIONS 2003

30 June 2003 GOVERNMENT GAZETTE, WA 2583

Western Australia

Equality of Status Subsidiary Legislation

Amendment Regulations 2003

CONTENTS

Part 1 — Preliminary

1 . Citation
2 . Commencement
Part 2 — Anatomy (Forms and Fees)

Regulations 1933

3 . Anatomy (Forms and Fees) Regulations 1933
amended
4 . Schedule A amended
Part 3 — Bail Regulations 1988
5 . Bail Regulations 1988 amended
6 . Schedule amended
Part 4 — Casino Control (Burswood

Island) (Licensing of Employees)

Regulations 1985

7 . Casino Control (Burswood Island) (Licensing of
Employees) Regulations 1985 amended
8 . Schedule amended
Part 5 — Coal Industry Superannuation

Regulations 1990

9 . Coal Industry Superannuation Regulations 1990
amended
10 . Regulation 9 amended
2584 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Contents

Part 6 — Community Services (Child
Care) Regulations 1988

11 . Community Services (Child Care) Regulations 1988
amended
12 . Regulation 6 amended
13 . Regulation 7A amended
Part 7 — Community Services (Outside

School Hours Care) Regulations

2002

14 . Community Services (Outside School Hours Care)
Regulations 2002 amended
15 . Regulation 11 amended
16 . Regulation 18 amended
Part 8 — Construction Camp

Regulations

17 . Construction Camp Regulations amended
18 . Regulation 32 amended
Part 9 — Co-operative and Provident

Societies Act Regulations

19 . Co-operative and Provident Societies Act Regulations
amended
20 . Form 18 amended
Part 10 — Coroners Regulations 1997
21 . Coroners Regulations 1997 amended
22 . Regulation 17 amended

Part 11 — District Court (Fees) Regulations 2002

23 . District Court (Fees) Regulations 2002 amended
24 . Schedule 3 amended
Part 12 — First Home Owner Grant

Regulations 2000

25 . First Home Owner Grant Regulations 2000 amended
30 June 2003 GOVERNMENT GAZETTE, WA 2585

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Contents

26 . Regulation 10 amended
Part 13 — Fish Resources Management

Regulations 1995

27 . Fish Resources Management Regulations 1995
amended
28 . Regulation 136 amended
Part 14 — Hire-Purchase (General)

Regulations 1975

29 . Hire-Purchase (General) Regulations 1975 amended
30 . Schedule amended
Part 15 — Hospitals (Administration of
Public Hospitals) Regulations 1940
31 . Hospitals (Administration of Public Hospitals)
Regulations 1940 amended
32 . Regulation 10 amended
Part 16 — Hospitals (Services Charges)

Regulations 1984

33 . Hospitals (Services Charges) Regulations 1984
amended
34 . Schedule amended

Part 17 — Industrial Relations Commission Regulations 1985

35 . Industrial Relations Commission Regulations 1985
amended
36 . Schedule amended

Part 18 — Industrial Relations

(Employer-employee Agreements)
Regulations 2002

37 . Industrial Relations (Employer-employee Agreements)
Regulations 2002 amended
38 . Regulation 38 amended
2586 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Contents

Part 19 — Justices Act (Courts of Petty
Sessions Fees) Regulations

39 . Justices Act (Courts of Petty Sessions Fees)
Regulations amended
40 . Regulation 3 amended
Part 20 — Legal Practice Board Rules

1949

41 . Legal Practice Board Rules 1949 amended
42 . Rule 103 amended
Part 21 — Limited Partnerships

(Winding-Up) Rules 1909

43 . Limited Partnerships (Winding-Up) Rules 1909
amended
44 . Rule 5 amended
Part 22 — Liquor Licensing Regulations

1989

45 . Liquor Licensing Regulations 1989 amended
46 . Regulation 18B amended
47 . Schedule 2 amended
Part 23 — Local Court Rules 1961
48 . Local Court Rules 1961 amended
49 . Order 3 amended
50 . Order 4 amended
51 . Order 6 amended
52 . Order 10 amended
53 . Order 23 amended
54 . Order 25 amended
55 . Order 27 amended
56 . Appendix amended
Part 24 — Local Government (Audit)

Regulations 1996

57 . Local Government (Audit) Regulations 1996 amended
58 . Regulation 6 amended
30 June 2003 GOVERNMENT GAZETTE, WA 2587

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Contents

Part 25 — Marketing of Eggs

Regulations 1945

59 . Marketing of Eggs Regulations 1945 amended
60 . Regulation 34A amended

Part 26 — Metropolitan (Perth) Passenger Transport Trust Debentures and Inscribed Stock

Regulations 1958

61 . Metropolitan (Perth) Passenger Transport Trust
Debentures and Inscribed Stock Regulations 1958
amended
62 . Regulation 10 repealed
Part 27 — Motor Vehicle Drivers
Instructors Regulations 1964
63 . Motor Vehicle Drivers Instructors Regulations 1964
amended
64 . Schedule 1 amended
Part 28 — Non-Contentious Probate

Rules 1967

65 . The Non-Contentious Probate Rules 1967 amended
66 . Rule 9 amended
Part 29 — Notification of Stillbirth and

Neo-Natal Death Regulations

67 . Notification of Stillbirth and Neo-Natal Death
Regulations amended
68 . Appendix 1 amended
Part 30 — Osteopaths Rules 1999
69 . Osteopaths Rules 1999 amended
70 . Rule 14 amended
71 . Rule 15 amended
72 . Schedule 1 amended
2588 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Contents

Part 31 — Police Force Regulations

1979

73 . Police Force Regulations 1979 amended
74 . Regulation 8A09 amended
75 . Regulation 1107 amended
76 . Regulation 1304 amended
77 . Regulation 1403 amended
78 . Regulation 1404 amended
79 . Regulation 1504 amended
80 . Regulation 1505 amended
Part 32 — Prisons Regulations 1982
81 . The regulations amended
82 . Regulation 52 amended
83 . Regulation 56 amended
84 . Schedule amended
Part 33 — Rail Safety Regulations 1999
85 . Rail Safety Regulations 1999 amended
86 . Regulation 22 amended
Part 34 — Rules of Harness Racing 1999
87 . Rules of Harness Racing 1999 amended
88 . Rule 20 amended
89 . Rule 23 amended
90 . Local rule 90A amended
91 . Rule 124 amended
92 . Schedule 1 amended
Part 35 — Rules of the Guardianship

and Administration Board

93 . Rules of the Guardianship and Administration Board
amended
94 . Schedule amended
Part 36 — Rules of the Supreme Court

1971

95 . Rules of the Supreme Court 1971 amended
96 . Order 24 amended
30 June 2003 GOVERNMENT GAZETTE, WA 2589

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Contents

97 . Order 70 amended
98 . Second Schedule amended
Part 37 — School Education Regulations

2000

99 . School Education Regulations 2000 amended
100 . Regulation 3 amended
Part 38 — Supreme Court (Fees)

Regulations 2002

101 . Supreme Court (Fees) Regulations 2002 amended
102 . Schedule 4 amended
Part 39 — Taxi Regulations 1995
103 . Taxi Regulations 1995 amended
104 . Regulation 19 amended
Part 40 — Trustee Companies

Regulations 1988

105 . Trustee Companies Regulations 1988 amended
106 . Schedule amended
Part 41 — Witness Protection (Western

Australia) Regulations 1996

107 . Witness Protection (Western Australia) Regulations
1996 amended
108 . Regulation 5 amended
Part 42 — Workers' Compensation and

Rehabilitation Regulations 1982

109 . Workers’ Compensation and Rehabilitation
Regulations 1982 amended
110 . Regulation 17A amended
111 . Appendix I amended
30 June 2003 GOVERNMENT GAZETTE, WA 2591

Acts Amendment (Equality of Status) Act 2003

Equality of Status Subsidiary Legislation

Amendment Regulations 2003

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.             Citation

These regulations may be cited as the Equality of Status
Subsidiary Legislation Amendment Regulations 2003.

2.             Commencement

These regulations come into operation on the same day as the operation.

2592 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 2 Anatomy (Forms and Fees) Regulations 1933
r. 3

Part 2 — Anatomy (Forms and Fees) Regulations 1933

3. Anatomy (Forms and Fees) Regulations 1933 amended

The amendments in this Part are to the Anatomy (Forms and
Fees) Regulations 1933*.

[* Reprinted as at 10 December 1999.]

4. Schedule A amended
Schedule A is amended as follows:
(a)

surviving spouse, if married:
…………………………….
If unmarried, divorced, or widowed, name and address
of nearest surviving relation living in Western Australia:

in Form B(1) by deleting “Name and address of “ Name and address of senior next of kin: ”;

(b)

married, or otherwise their nearest relations living in this

in the note to Form B(1) by deleting “spouses, if “ senior next of kin ”;

(c) in Form B(2) by deleting “surviving spouse or nearest surviving relation” in both places where it occurs and inserting instead —

“ senior next of kin ”;

(d)

in Form B(2) by deleting “surviving spouse” and “ senior next of kin ”;

(e)

in Form B(2) by deleting “surviving spouse/nearest “ senior next of kin ”.

30 June 2003 GOVERNMENT GAZETTE, WA 2593

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Bail Regulations 1988 Part 3

r. 5

Part 3 — Bail Regulations 1988

5. Bail Regulations 1988

amended [* Reprinted as at 8 September 2000.]

6.             Schedule amended

The Schedule is amended in Form 2 under the heading
“PARTICULARS OF DEFENDANT” in item D as follows:

(a)

in clause 1 by inserting after “De Facto” — “ relationship ”;

(b)

in clause 3 by inserting after “Nearest relative” — “ (including a de facto partner) ”.

2594 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 4 Casino Control (Burswood Island) (Licensing of Employees)
Regulations 1985
r. 7

Part 4 — Casino Control (Burswood Island) (Licensing
of Employees) Regulations 1985

7. Casino Control (Burswood Island) (Licensing of Employees) Regulations 1985 amended

The amendments in this Part are to the Casino Control
(Burswood Island) (Licensing of Employees)
Regulations 1985*.

[* Reprinted as at 2 January 2001.]

8.             Schedule amended

(1) The Schedule is amended in Form 1 Part 3 as follows:
(a) by inserting after “De facto” — “ relationship ”;
(b) by deleting “Widow(er) !”;
(c)

by deleting “De facto’s” in each place where it occurs “ De facto partner’s ”.

(2) The Schedule is amended in Form 1 —
(a)

in Part 8 paragraph (a) by deleting “you” and inserting “ you* ”; and

(b)

at the end of Part 8 by inserting — “ *A de facto partner is considered related to you. ”.

30 June 2003 GOVERNMENT GAZETTE, WA 2595

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Coal Industry Superannuation Regulations 1990 Part 5

r. 9

Part 5 — Coal Industry Superannuation
Regulations 1990

9. Coal Industry Superannuation Regulations 1990 amended

The amendments in this Part are to the Coal Industry
Superannuation Regulations 1990*.
[* Reprinted as at 5 July 2002.

For amendments to 16 June 2003 see Gazette 23 May 2003.]

10.           Regulation 9 amended

(1) Regulation 9(1) is amended as follows:
(a)

in the definition of “child” in paragraph (c) by inserting “ or de facto partner ”;

(b) by deleting the definition of “spouse”.
(2) Regulation 9(2)(a) is amended by inserting after “spouse” —
“ or de facto partner ”.
2596 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 6 Community Services (Child Care) Regulations 1988
r. 11

Part 6 — Community Services (Child Care)
Regulations 1988

11. Community Services (Child Care) Regulations 1988 amended

The amendments in this Part are to the Community Services
(Child Care) Regulations 1988*.

[* Reprinted as at 3 August 2001.]

12.           Regulation 6 amended

Regulation 6(6) is amended by deleting “as the applicant’s spouse on a genuine domestic basis” and inserting instead —

“ in a de facto relationship ”.

13.           Regulation 7A amended

Regulation 7A(1)(c) is amended by deleting “as the applicant’s spouse on a genuine domestic basis” and inserting instead —

“ in a de facto relationship ”.

30 June 2003 GOVERNMENT GAZETTE, WA 2597

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Community Services (Outside School Hours Care) Regulations Part 7

2002

r. 14

Part 7 — Community Services (Outside School Hours
Care) Regulations 2002

14. Community Services (Outside School Hours Care) Regulations 2002 amended

The amendments in this Part are to the Community Services
(Outside School Hours Care) Regulations 2002 *.

[* Published in Gazette 28 August 2002, p. 4367-440.]

15.           Regulation 11 amended

Regulation 11(2) is amended by deleting “living with him or her as his or her spouse on a genuine domestic basis” and inserting instead —

“ a de facto partner of the applicant or responsible officer ”.

16.           Regulation 18 amended

Regulation 18(1)(d) is amended by deleting “living with the applicant as the applicant’s spouse on a genuine domestic basis” and inserting instead —

“ in a de facto relationship with the applicant ”.

2598 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 8 Construction Camp Regulations
r. 17

Part 8 — Construction Camp Regulations

17. Construction Camp Regulations amended

The amendments in this Part are to the Construction Camp
Regulations*.
[* Reprinted as at 29 October 1985.

For amendments to 16 June 2003 see Western Australian Legislation Information Tables for 2002, Table 4, p. 162.]

18.           Regulation 32 amended

Regulation 32 is amended by deleting “and for” and inserting instead —

“ , de facto partners and ”.

30 June 2003 GOVERNMENT GAZETTE, WA 2599

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Co-operative and Provident Societies Act Regulations Part 9

r. 19

Part 9 — Co-operative and Provident Societies
Act Regulations

19. Co-operative and Provident Societies Act Regulations amended

The amendments in this Part are to the Co-operative and
Provident Societies Act Regulations*.
[* Published in Gazette 19 January 1904, p. 161-87.

For amendments to 16 June 2003 see Western Australian Legislation Information Tables for 2002, Table 4, p. 61.]

20.           Form 18 amended

Form 18 is amended by deleting “father, mother” and inserting instead —

“ de facto partner, parent ”.

2600 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 10 Coroners Regulations 1997
r. 21

Part 10 — Coroners Regulations 1997

21. Coroners Regulations 1997 amended

The amendment in this Part is to the Coroners
Regulations 1997*.

[* Published in Gazette 18 March 1997, p. 1551-74.]

22.

Regulation 17 amended “ de facto partner, ”.

30 June 2003 GOVERNMENT GAZETTE, WA 2601

Equality of Status Subsidiary Legislation Amendment Regulations 2003

District Court (Fees) Regulations 2002 Part 11

r. 23

Part 11 — District Court (Fees) Regulations 2002

23. District Court (Fees) Regulations 2002 amended

The amendments in this Part are to the District Court (Fees)
Regulations 2002*.

[* Published in Gazette 27 December 2001, p. 6617-43.]

24. Schedule 3 amended
Schedule 3 Form 2 is amended as follows:

(a)

by deleting “de facto spouse*” and inserting instead — “ de facto partner* ”;

(b)

by deleting “De facto” and inserting instead — “ De facto partner ”.

2602 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 12 First Home Owner Grant Regulations 2000
r. 25

Part 12 — First Home Owner Grant Regulations 2000

25. First Home Owner Grant Regulations 2000 amended

The amendment in this Part is to the First Home Owner Grant
Regulations 2000*.
[* Published in Gazette 30 June 2000, p. 3433-7.

For amendments to 16 June 2003 see Western Australian Legislation Information Tables for 2002, Table 4, p. 120.]

26.

Regulation 10 amended “ or de facto partner ”.

30 June 2003 GOVERNMENT GAZETTE, WA 2603

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Fish Resources Management Regulations 1995 Part 13

r. 27

Part 13 — Fish Resources Management
Regulations 1995

27. Fish Resources Management Regulations 1995 amended

The amendments in this Part are to the Fish Resources
Management Regulations 1995*.
[* Reprinted as at 17 May 2002.

For amendments to 16 June 2003 see Western Australian and Gazette 3 June 2003

.]

28.           Regulation 136 amended

Regulation 136 is amended by deleting “or” after paragraph (c) and inserting instead —

(ca) a person who —

(i)      is the de facto partner of a person referred to in paragraph (b); or

(ii)      if the person referred to in paragraph (b) has died, was the de facto partner of that person immediately before the death of

that person;

or

”.

2604 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 14 Hire-Purchase (General) Regulations 1975
r. 29

Part 14 — Hire-Purchase (General) Regulations 1975

29. Hire-Purchase (General) Regulations 1975 amended

The amendment in this Part is to the Hire-Purchase (General)
Regulations 1975*.

[* Published in Gazette 30 January 1975, p. 235-9.]

30.           Schedule amended

The Schedule is amended in Form 2 under the Table headed “Details of family” in the heading of the second column by inserting after “wife” —

“ , de facto partner ”.

30 June 2003 GOVERNMENT GAZETTE, WA 2605

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Hospitals (Administration of Public Hospitals) Regulations Part 15

1940

r. 31

Part 15 — Hospitals (Administration of Public

Hospitals) Regulations 1940

31. Hospitals (Administration of Public Hospitals)
Regulations 1940 amended

The amendment in this Part is to the Hospitals (Administration of Public Hospitals) Regulations 1940*.

[* Reprinted as at 21 July 2000.]

32.           Regulation 10 amended

Regulation 10 is amended in by-law 14 by deleting “some of the” and inserting instead —

“ the spouse, de facto partner or some of the other ”.

2606 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 16 Hospitals (Services Charges) Regulations 1984
r. 33

Part 16 — Hospitals (Services Charges)
Regulations 1984

33. Hospitals (Services Charges) Regulations 1984 amended

The amendments in this Part are to the Hospitals (Services
Charges) Regulations 1984*.
[* Reprinted as at 7 December 2001.

For amendments to 16 June 2003 see Gazette 24 April 2003.]

34.           Schedule amended

The Schedule is amended by deleting Part V and inserting the following Part instead —

Part V — Other services

Accommodation for persons
accompanying patients (except when
parent accompanies sick child for medical wellbeing of sick child or breastfeeding, or when breastfed child accompanies sick

mother) ....................................................... $19.20 per day

”.

30 June 2003 GOVERNMENT GAZETTE, WA 2607

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Industrial Relations Commission Regulations 1985 Part 17

r. 35

Part 17 — Industrial Relations Commission
Regulations 1985

35. Industrial Relations Commission Regulations 1985 amended

The amendments in this Part are to Industrial Relations
Commission Regulations 1985*.
[* Reprinted as at 24 March 1998.

For amendments to 16 June 2003 see Western Australian Legislation Information Tables for 2002, Table 4, p. 190.]

36. Schedule amended
The Schedule is amended in Form 38 as follows:
(a)

in item 6 by inserting after “spouse” in both places “ or de facto partner8 ”;

(b)

by inserting after note 7 the following note — “ 8 a de facto partner must have reached 18 years of age ”.

2608 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 18 Industrial Relations (Employer-employee Agreements)
Regulations 2002
r. 37

Part 18 — Industrial Relations (Employer-employee

Agreements) Regulations 2002

37. Industrial Relations (Employer-employee Agreements)
Regulations 2002 amended
The amendments in this Part are to the Industrial Relations
(Employer-employee Agreements) Regulations 2002*.

[* Published in Gazette 6 September 2002, p. 4525-90.]

38.           Regulation 38 amended

Regulation 38 is amended by deleting paragraph (a) of the definition of “relative” and inserting instead —

(a)

a person who has at least one parent in common with the employee;

”.

30 June 2003 GOVERNMENT GAZETTE, WA 2609

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Justices Act (Courts of Petty Sessions Fees) Regulations Part 19

r. 39

Part 19 — Justices Act (Courts of Petty Sessions
Fees) Regulations

39. Justices Act (Courts of Petty Sessions Fees) Regulations amended

The amendments in this Part are to the Justices Act (Courts of
Petty Sessions Fees) Regulations*.
[* Reprinted as at 22 October 2003.

For amendments to 16 June 2003 see Western Australian Legislation Information Tables for 2002, Table 4, p. 198.]

40.           Regulation 3 amended

Regulation 3(1)(c) is amended by deleting “status or maintenance of a married woman or” and inserting instead —

“ maintenance ”.

2610 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 20 Legal Practice Board Rules 1949
r. 41

Part 20 — Legal Practice Board Rules 1949

41. Legal Practice Board Rules 1949 amended

The amendment in this Part is to the Legal Practice Board
Rules 1949*.
[* Reprinted as at 9 March 2001.

For amendments to 16 June 2003 see Western Australian
Legislation Information Tables for 2002, Table 4, p. 207, and

Gazette 9 May 2003.]

42.

Rule 103 amended “ de facto partner, ”.

30 June 2003 GOVERNMENT GAZETTE, WA 2611

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Limited Partnerships (Winding-Up) Rules 1909 Part 21

r. 43

Part 21 — Limited Partnerships (Winding-Up)
Rules 1909

43. Limited Partnerships (Winding-Up) Rules 1909 amended

The amendments in this Part are to the Limited Partnerships
(Winding-Up) Rules 1909*.

[* Published in Gazette 23 April 1909, p. 965-70.]

44. Rule 5 amended
Rule 5 is amended by deleting —
(a) “or marriage of any female contributory”;

(b)

“, and of Section 106 of that Act as modified by the Married Women’s Property Acts 1892 and 1895,”.

2612 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 22 Liquor Licensing Regulations 1989
r. 45

Part 22 — Liquor Licensing Regulations 1989

45.           Liquor Licensing Regulations 1989 amended

The amendments in this Part are to the Liquor Licensing
Regulations 1989*.
[* Reprinted as at 8 March 2002.

For amendments to 16 June 2003 see Western Australian
Legislation Information Tables for 2002, Table 4, p. 214, and
Gazette 28 March 2003.]

46.           Regulation 18B amended

Regulation 18B(5) is amended in the definition of “approved person” in paragraph (a) by inserting after “applicant:” —

“ and is not in a de facto relationship with the applicant; ”.

47.           Schedule 2 amended

Schedule 2 item 1(g) is amended by deleting “de facto spouse” and inserting instead —

“ de facto partner ”.

30 June 2003 GOVERNMENT GAZETTE, WA 2613

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Local Court Rules 1961 Part 23

r. 48

Part 23 — Local Court Rules 1961

48. Local Court Rules 1961 amended

The amendments in this Part are to the Local Court
Rules 1961*.
[* Reprinted as at 13 October 2000.

For amendments to 16 June 2003 see Western Australian Legislation Information Tables for 2002, Table 4, p. 217.]

49.           Order 3 amended

(1) Order 3 rule 10(5) is amended as follows:
(a)

by deleting “his father or guardian” and inserting “ a parent or guardian of the infant’s ”;

(b)

by deleting “father” and inserting instead — “ parent ”.

(2) Order 3 rule 18 is repealed.
50.

Order 4 amended “

or de facto partners who are living in a de facto

relationship with each other,

”.

51.           Order 6 amended

Order 6 rule 10 is amended by deleting “his father or guardian” and inserting instead —

“ a parent or guardian of the infant’s ”.

2614 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 23 Local Court Rules 1961
r. 52
52. Order 10 amended
Order 10 rule 18 is repealed.

53.           Order 23 amended

(1) Order 23 rule 1 is amended by deleting “Where the party against whom an order is made is a married woman, a note thereof shall be made.”.
(2) Order 23 rule 3 is repealed.

54.           Order 25 amended

(1) Order 25 rule 3 is repealed.
(2) Order 25 rule 11(b) is deleted.
55. Order 27 amended
Order 27 rule 13(5) is repealed.

56.           Appendix amended

(1) The amendments in this regulation are to the Appendix.
(2) Form 14 is amended by deleting “coverture,”.
(3) Form 29 is amended by deleting “the father” and inserting
instead —
“ a parent ”.
(4) Form 104 is amended by deleting “his wife” and inserting
instead —
“ the person’s spouse or de facto partner ”.
(5) Form 105 is repealed.
30 June 2003 GOVERNMENT GAZETTE, WA 2615

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Local Government (Audit) Regulations 1996 Part 24

r. 57

Part 24 — Local Government (Audit) Regulations 1996

57. Local Government (Audit) Regulations 1996 amended

The amendments in this Part are to the Local Government
(Audit) Regulations 1996*.
[* Published in Gazette 24 June 1996, p. 2827 – 32.

For amendments to 16 June 2003 see Western Australian Legislation Information Tables for 2002, Table 4, p. 218.]

58. Regulation 6 amended
Regulation 6(2) is amended as follows:
(a)

in paragraph (e) by deleting “or a” and inserting “ , de facto partner or ”;

(b)

in paragraph (f) by inserting after “spouse” in both “ or de factor partner ”.

2616 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 25 Marketing of Eggs Regulations 1945
r. 59

Part 25 — Marketing of Eggs Regulations 1945

59.           Marketing of Eggs Regulations 1945 amended

The amendment in this Part is to the Marketing of Eggs
Regulations 1945*.

[* Reprint 2 as at 7 March 2003.]

60.

Regulation 34A amended “ de facto partner, ”.

30 June 2003 GOVERNMENT GAZETTE, WA 2617

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Metropolitan (Perth) Passenger Transport Trust Debentures Part 26

and Inscribed Stock Regulations 1958

r. 61

Part 26 — Metropolitan (Perth) Passenger Transport
Trust Debentures and Inscribed Stock Regulations 1958

61. Metropolitan (Perth) Passenger Transport Trust Debentures and Inscribed Stock Regulations 1958 amended

The amendment in this Part is to the Metropolitan (Perth)
Passenger Transport Trust Debentures and Inscribed Stock
Regulations 1958*.

[* Published in Gazette 30 September 1958, p. 2520-30.]

62. Regulation 10 repealed
Regulation 10 is repealed.
2618 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 27 Motor Vehicle Drivers Instructors Regulations 1964
r. 63

Part 27 — Motor Vehicle Drivers Instructors
Regulations 1964

63. Motor Vehicle Drivers Instructors Regulations 1964 amended

The amendment in this Part is to the Motor Vehicle Drivers
Instructors Regulations 1964*.
[* Reprinted as at 5 July 2002.

For amendments to 16 June 2003 see Western Australian
Legislation Information Tables for 2002, Table 4, p. 253, and
Gazette 20 May 2003.]

64.           Schedule 1 amended

Schedule 1 Form No. 1 is amended in the note after question 6 by inserting after “RELATIVES” —

“ (INCLUDING A DE FACTO PARTNER) ”.

30 June 2003 GOVERNMENT GAZETTE, WA 2619

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Non-Contentious Probate Rules 1967 Part 28

r. 65

Part 28 — Non-Contentious Probate Rules 1967

65.           The Non-Contentious Probate Rules 1967 amended

The amendment in this Part is to the Non-Contentious Probate
Rules 1967*.

[* Reprinted as at 9 June 2000.]

66. Rule 9 amended
Rule 9(ii) is amended by inserting after “widower,” —

a person who was in a de facto relationship
with the intestate immediately before the death

of the intestate,

”.

2620 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 29 Notification of Stillbirth and Neo-Natal Death Regulations
r. 67

Part 29 — Notification of Stillbirth and Neo-Natal
Death Regulations

67. Notification of Stillbirth and Neo-Natal Death Regulations amended

The amendment in this Part is to the Notification of Stillbirth and Neo-Natal Death Regulations*.

[* Published in Gazette 15 April 1955, p. 712-14.

For amendments to 16 June 2003 see Western Australian Legislation Information Tables for 2002, Table 4, p. 173.]

68.           Appendix 1 amended

The Appendix is amended in Form No. 1 by deleting
“Occupation of Father”.
30 June 2003 GOVERNMENT GAZETTE, WA 2621

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Osteopaths Rules 1999 Part 30

r. 69

Part 30 — Osteopaths Rules 1999

69. Osteopaths Rules 1999 amended

The amendments in this Part are to the Osteopaths Rules 1999*.

[* Published in Gazette 21 December 1999, p. 6475-94.

For amendments to 16 June 2003 see Western Australian Legislation Information Tables for 2002, Table 4, p. 262.]

70.           Rule 14 amended

(1) Rule 14(1) is amended by deleting “de facto spouse” in each
place where it occurs and inserting instead —
“ de facto partner ”.
(2) Rule 14(2) is repealed.

71.           Rule 15 amended

(1) Rule 15(1) is amended by deleting “de facto spouse” in each
place where it occurs and inserting instead —
“ de facto partner ”.
(2) Rule 15(2) is repealed.
72. Schedule 1 amended
Schedule 1 Form 1 is amended as follows:
(a)

de facto spouse” in each place where it occurs and

in footnote 6 of the Statutory Declaration by deleting “ de facto partner ”;

(b)

de facto spouse” in each place where it occurs and

in footnote 7 of the Statutory Declaration by deleting “ de facto partner ”;

2622 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 30 Osteopaths Rules 1999
r. 72

(c)

by deleting “De facto spouse means a person who is cohabiting with another person as that person’s spouse, although not actually married to that person.”.

30 June 2003 GOVERNMENT GAZETTE, WA 2623

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Police Force Regulations 1979 Part 31

r. 73

Part 31 — Police Force Regulations 1979

73. Police Force Regulations 1979 amended

The amendments in this Part are to the Police Force
Regulations 1979*.
[* Reprinted as at 15 June 2001.

For amendments to 16 June 2003 see Western Australian Legislation Information Tables for 2002, Table 4, p. 294.]

74.           Regulation 8A09 amended

Regulation 8A09 is amended by deleting “relative” in both places where it occurs and inserting instead —

“ spouse or de facto partner, or other relative, ”.

75.           Regulation 1107 amended

Regulation 1107(1) is amended in the definition of “family” by inserting after “spouse” —

“ or de facto partner ”.

76.

Regulation 1304 amended “ or de facto partner ”.

77.           Regulation 1403 amended

Regulation 1403 is amended by deleting “cadet and” and
inserting instead —

cadet, or a person who was the de facto partner of the member or cadet immediately before the death of the member or cadet and

”.

2624 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 31 Police Force Regulations 1979
r. 78

78.           Regulation 1404 amended

Regulation 1404 is amended by deleting “the relatives” and inserting instead —

“ the spouse or de facto partner and other relatives ”.

79.           Regulation 1504 amended

Regulation 1504(3)(b) is amended by deleting “his wife” and inserting instead —

“ the member’s or cadet’s spouse or de facto partner ”.

80.           Regulation 1505 amended

(1) Regulation 1505(1) is amended by deleting “wife” and inserting
instead —
“ spouse or de facto partner ”.
(2) Regulation 1505(2) is amended by deleting “his wife” and
inserting instead —
“ the member’s or cadet’s spouse or de facto partner ”.
30 June 2003 GOVERNMENT GAZETTE, WA 2625

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Prisons Regulations 1982 Part 32

r. 81

Part 32 — Prisons Regulations 1982

81.           The regulations amended

The amendments in this Part are to the Prisons
Regulations 1982*.
[* Reprinted as at 9 March 2001.

For amendments to 16 June 2003 see Western Australian Legislation Information Tables for 2002, Table 4, p. 297.]

82.

Regulation 52 amended “ spouse, de facto partner, ”.

83.

Regulation 56 amended “ the prisoner’s spouse, de facto partner, ”.

84.           Schedule amended

The Schedule is amended in Form 2 by deleting item 3 and inserting instead —

3.      (Complete paragraph (a), (b) or (c) if you are the prisoner’s spouse, de facto partner, relation or friend)

(a)

I am the prisoner’s spouse or de facto partner .....................................................................................

(State relationship to prisoner)

OR

(b)

I am a relation of the prisoner as I am the prisoner’s ..............................................................................

(State your relationship to the prisoner)

OR

2626 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 32 Prisons Regulations 1982
r. 84
(c)

prisoner for
................................................................................

I am a friend of the prisoner and I have known the known the prisoner)

”.

30 June 2003 GOVERNMENT GAZETTE, WA 2627

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Rail Safety Regulations 1999 Part 33

r. 85

Part 33 — Rail Safety Regulations 1999

85. Rail Safety Regulations 1999 amended

The amendment in this Part is to the Rail Safety
Regulations 1999*.
[* Published in Gazette 2 February 1999, p. 375–95.

For amendments to 16 June 2003 see Western Australian

Legislation Information Tables for 2002, Table 4, p. 307-8.]

86.

Regulation 22 amended “ (including a de facto partner) ”.

2628 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 34 Rules of Harness Racing 1999
r. 87

Part 34 — Rules of Harness Racing 1999

87. Rules of Harness Racing 1999 amended

The amendments in this Part are to the Rules of Harness
Racing 1999*.

[* Published in Gazette 5 August 1999, p. 3619-722. For amendments to 16 June 2003 see Western AustralianLegislation Information Tables for 2002, Table 4, p. 435-7.]

88.           Rule 20 amended

Rule 20(5) is amended by deleting “domestic” and inserting instead —

“ de facto ”.

89.           Rule 23 amended

Rule 23(7) is amended by deleting “other domestic” and inserting instead —

“ de facto ”.

90.           Local rule 90A amended

Local rule 90A(7)(b) is amended by deleting “other domestic” and inserting instead —

de facto ”.

91.           Rule 124 amended

Rule 124(5) is amended by deleting “domestic” and inserting instead —

“ de facto ”.

30 June 2003 GOVERNMENT GAZETTE, WA 2629

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Rules of Harness Racing 1999 Part 34

r. 92

92.           Schedule 1 amended

Schedule 1 is amended in the definition of “family interest” by deleting “domestic” and inserting instead —

“ de facto ”.

2630 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 35 Rules of the Guardianship and Administration Board
r. 93

Part 35 — Rules of the Guardianship and
Administration Board

93. Rules of the Guardianship and Administration Board amended

The amendments in this Part are to the Rules of the
Guardianship and Administration Board*.
[* Published in Gazette 20 October 1992, p. 5210 – 20.

For amendments to 16 June 2003 see Western Australian Legislation Information Tables for 2002, Table 4, p. 158.]

94.           Schedule amended

The Schedule is amended in Form A in the second Table under the heading “RELATIVES” as follows:

(a) by inserting after “Spouse” —
“ or de facto partner ”;
(b) by deleting “Father”;

(c)

by deleting “Mother” and inserting instead — “ Parent/s ”.

30 June 2003 GOVERNMENT GAZETTE, WA 2631

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Rules of the Supreme Court 1971 Part 36

r. 95

Part 36 — Rules of the Supreme Court 1971

95. Rules of the Supreme Court 1971 amended

The amendments in this Part are to the Rules of the Supreme
Court 1971*.
[* Reprinted as at 1 December 2000.

For amendments to 16 June 2003 see Western Australian Legislation Information Tables for 2002, Table 4, p. 373.]

96. Order 24 amended
Order 24 rule 11 is amended as follows:
(a) by inserting after “widow,” —

de facto partner of the deceased (immediately before

the death),

”;

(b)

by deleting “father, mother” and inserting instead — “ parent ”.

97. Order 70 amended
Order 70 is amended as follows:
(a) in rule 4(3)(c) by deleting “or if the infant is a married woman, is her husband,”;
(b) in rule 4(5)(b)(iii) by deleting “, or is her husband”.

98.           Second Schedule amended

(1) The Second Schedule is amended in Form No. 5 by deleting
“his wife”.
(2) The Second Schedule is amended by deleting Form No. 33.
2632 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 37 School Education Regulations 2000
r. 99

Part 37 — School Education Regulations 2000

99. School Education Regulations 2000 amended

The amendments in this Part are to the School Education
Regulations 2000*.
[* Published in Gazette 29 December 2000, p. 7795 – 9000.
For amendments to 16 June 2003 see Western Australian
Legislation Information Tables for 2002, Table 4, p. 343.]

100.         Regulation 3 amended

Regulation 3(1) is amended in the definition of “sibling” as follows:

(a)

in paragraph (a) by deleting “adopted” and inserting instead —

whether it is a natural relationship or a relationship

established by a written law

”;

(b) in paragraph (b) —
(i)

by deleting “de facto spouse” in both places it “ de facto partner ”; and

(ii)      by deleting “natural”.

30 June 2003 GOVERNMENT GAZETTE, WA 2633

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Supreme Court (Fees) Regulations 2002 Part 38

r. 101

Part 38 — Supreme Court (Fees) Regulations 2002

101. Supreme Court (Fees) Regulations 2002 amended

The amendments in this Part are to the Supreme Court (Fees)
Regulations 2002*.
[* Published in Gazette 27 December 2001, p. 6583 – 6616.
For amendments to 16 June 2003 see Western Australian
Legislation Information Tables for 2002, Table 4, p. 373.]
102. Schedule 4 amended
Schedule 4 is amended in Form 2 as follows:
(a)

by deleting “single/ married/ separated” and inserting “ single/ married/ in a de facto relationship/ separated ”;

(b) by deleting “de facto spouse*” and inserting instead — “ de facto partner* ”;
(c)

by deleting “De facto” in both places where it occurs “ De facto partner ”.

2634 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 39 Taxi Regulations 1995
r. 103
Part 39 — Taxi Regulations 1995

103. Taxi Regulations 1995 amended

The amendments in this Part are to the Taxi Regulations 1995*.

[* Reprinted as at 12 December 1997.

For amendments to 16 June 2003 see Western Australian Legislation Information Tables for 2002, Table 4, p. 376.]

104.         Regulation 19 amended

(1) Regulation 19(3a)(b)(i) is amended by inserting after
“deceased” —

, or to a person who was the de facto partner of the deceased immediately before the death of the deceased

”.

(2) Regulation 19(3a)(b)(ii) is amended by inserting after
“deceased” —

, or to a person who was the de facto partner of the deceased immediately before the death of the deceased,

”.

30 June 2003 GOVERNMENT GAZETTE, WA 2635

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Trustee Companies Regulations 1988 Part 40

r. 105

Part 40 — Trustee Companies Regulations 1988

105. Trustee Companies Regulations 1988 amended

The amendment in this Part is to the Trustee Companies
Regulations 1988*.
[* Published in Gazette 26 August 1988, p. 3284-9.

For amendments to 16 June 2003 see Western Australian Legislation Information Tables for 2002, Table 4, p. 390.]

106.         Schedule amended

The Schedule is amended in Form 2 in Note 4(b) by inserting after “relatives” —

“ (including a de facto partner) ”.

2636 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 41 Witness Protection (Western Australia) Regulations 1996
r. 107

Part 41 — Witness Protection (Western Australia)
Regulations 1996

107. Witness Protection (Western Australia) Regulations 1996 amended

The amendment in this Part is to the Witness Protection
(Western Australia) Regulations 1996*.

[* Published in Gazette 6 December 1996, p. 6779 – 82.]

108.

Regulation 5 amended “ (including a de facto partner of the witness) ”.

30 June 2003 GOVERNMENT GAZETTE, WA 2637

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Workers' Compensation and Rehabilitation Regulations 1982 Part 42

r. 109

Part 42 — Workers' Compensation and Rehabilitation
Regulations 1982

109.         Workers’ Compensation and Rehabilitation Regulations 1982 amended

The amendments in this Part are to the Workers’ Compensation and Rehabilitation Regulations 1982*.

[* Reprint 4 as at 17 April 2003.]

110. Regulation 17A amended
Regulation 17A is amended as follows:
(a) in paragraph (a) by inserting after “spouse” — “ or dependant de facto partner, or both ”;
(b) in paragraph (b) by inserting after “spouse” — “ or dependant de facto partner ”.

111.         Appendix I amended

(1) Appendix I Form 2D is amended under the heading “Applicant’s
Details” by deleting “Wife, defacto” and inserting instead —
“ spouse, de facto partner ”.
(2) Appendix I Form 15 is amended as follows:
(a)

by deleting “spouse” in the first place where it occurs “ spouse or dependant de facto partner ”;

(b) in paragraph (3) —

(i)      by deleting “spouse survives me then that spouse is entitled to a lump sum calculated in accordance with clause 6 of Schedule 5 and the supplementary amount at the rate for a worker

2638 GOVERNMENT GAZETTE, WA 30 June 2003

Equality of Status Subsidiary Legislation Amendment Regulations 2003

Part 42 Workers' Compensation and Rehabilitation Regulations 1982
r. 111

without a dependant spouse” and inserting

instead —

spouse or/and a dependant de facto partner survives me then that person is, or those persons are, entitled to all or part of a lump sum calculated in accordance with clause 7
of Schedule 5 of the supplementary amount for a worker

with a dependent spouse or dependent de facto partner

”; and

(ii)      by deleting “spouse.” and inserting instead — “ spouse or dependant de facto partner. ”.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.
Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0