Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008 (NSW)
An Act to amend various Acts and instruments to make further provision in relation to same sex and other de facto relationships.
This Act is the Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008.
This Act commences on a day or days to be appointed by proclamation.
The Anti-Discrimination Act 1977 is amended as set out in Schedule 1.
The Status of Children Act 1996 is amended as set out in Schedule 2.
The Acts and instruments specified in Schedule 3 are amended as set out in that Schedule.
The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.
This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.
The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.
(Section 3)
Insert in alphabetical order in section 4 (1):
(a) single, or
(b) married, or
(c) married but living separately and apart from one’s spouse, or
(d) divorced, or
(e) widowed, or
(f) in a de facto relationship.
Omit the definition.
Insert “, de facto partner” after “spouse”.
Insert “, or the de facto partner of the person” after “adoption”.
Insert “or domestic” after “marital” wherever occurring.
Insert “
Omit the definition of
Part 4 of the Anti-Discrimination Act 1977 (
Item [1] of the proposed amendments to the Act, together with item [2] of those amendments, replaces the term
Currently, the term
Item [1] also inserts a new definition of
Items [5] and [6] of the proposed amendments are consequential on the replacement of the term
Item [7] of the proposed amendments is consequential on the insertion of the new definition of
The Act prohibits discrimination of various kinds (for example, discrimination on the ground of race, sex or marital status) in a number of different areas, including in the provision of accommodation. However, it is not unlawful to discriminate in the provision of accommodation if (among other things) a near relative of the person providing that accommodation resides on those premises. The term
The Act makes discrimination against a person unlawful on the ground of the race, sex, marital status, disability, homosexuality or age of a relative of the person or on the ground that the relative is a transgender person. The term
(Section 4)
Insert after section 14 (1):
When a woman who is in a de facto relationship with another woman has undergone a fertilisation procedure as a result of which she becomes pregnant:
(a) the other woman is presumed to be a parent of any child born as a result of the pregnancy, but only if the other woman consented to the procedure, and
(b) the woman who has become pregnant is presumed to be the mother of any child born as a result of the pregnancy even if she did not provide the ovum used in the procedure.
Insert “This subsection does not affect the presumption arising under subsection (1A) (a).” at the end of the subsection.
Insert after section 14 (5):
In any proceedings in which the operation of subsection (1A) is relevant, the consent of a woman to the carrying out of a fertilisation procedure that results in the pregnancy of her de facto partner is presumed.
Omit “living with a man as his wife on a bona fide domestic basis although not married to him”.
Insert instead “in a de facto relationship with a man”.
Omit “living with another person of the opposite sex as his or her spouse on a bona fide domestic basis although not married to the other person”.
Insert instead “in a de facto relationship with a person of the opposite sex”.
Insert after section 14 (6):
In this section:
Insert at the end of clause 1 (1):
Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008, but only to the extent that it amends this Act
Insert after Part 2:
The presumptions arising under section 14 (1A) in relation to a child born as the result of a fertilisation procedure, as inserted by the Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008, extend to a procedure undertaken, and a consent given, before the commencement of that subsection. This subclause applies even though at the time the consent was given the presumptions did not apply.
However, those presumptions do not apply so as to affect:
(a) the previous operation of this or any other Act or law, or
(b) any will executed before the commencement of section 14 (1A), or
(c) the vesting in possession or in interest of any property before the commencement of section 14 (1A).
In this clause:
Section 14 of the Status of Children Act 1996 (
Item [1] of the proposed amendments to the Act provides for the extension of both of those irrebuttable presumptions to a child born in the context of a de facto relationship involving 2 women. Firstly, it provides that a woman who consents to her female de facto partner undergoing a fertilisation procedure is presumed to be a parent of any child born as a result of any pregnancy arising from the procedure. Secondly, it provides that a woman who is in a de facto relationship with a woman and becomes pregnant as a result of the use of an ovum other than her own is presumed to be the mother of any child born as a result of the pregnancy. Items [2] and [3] of the proposed amendments make consequential amendments.
Item [6] of the proposed amendments inserts definitions of
Item [7] of the proposed amendments enables savings and transitional regulations to be made as a consequence of the enactment of the proposed Act (but only to the extent that it amends the Status of Children Act 1996).
Item [8] of the proposed amendments provides for the proposed parentage presumptions set out in item [1] to extend to a fertilisation procedure undertaken, and a consent given, before the commencement of the proposed amendments, but not so as to affect:
(a) the previous operation of any Act or other law, or
(b) any will executed before that commencement, or
(c) the vesting in possession or in interest of any property before that commencement.
(Section 5)
Aboriginal Land Rights Act 1983 No 42Insert in alphabetical order in section 4 (1):
Insert “or de facto partner” after “spouse” in paragraph (a).
For the purposes of Part 10 (Honesty and disclosure of interests) of the Aboriginal Land Rights Act 1983 (
Item [1] of the proposed amendments to the Act inserts a definition of
Item [2] of the proposed amendments extends the definition of
Insert after section 48 (2):
In this section:
The proposed amendment to section 48 of the Agricultural Industry Services Act 1998 inserts a definition of
Insert “, de facto partner” after “spouse” in section 25 (2) (b).
Insert after section 25 (2):
In this section:
Section 25 (1) of the Apprenticeship and Traineeship Act 2001 (
Insert in alphabetical order in clause 3 (1):
Omit “(lawful or de facto)” from clause 8 (2).
Insert instead “, de facto partner”.
Omit “domestic” from paragraph (a) of the definition of
Insert instead “personal”.
Omit “domestic”. Insert instead “personal”.
Insert “
Item [1] of the proposed amendments to the Bail Regulation 1999 (
The proposed amendment by item [2] to clause 8 of the Regulation, when read with the new definition of
The proposed new definition of
The proposed amendment by item [5] to Form 6 in Schedule 1 to the Regulation includes the de facto partner of an accused person in a list of examples of persons who (if regarded as acceptable persons) may acknowledge, as a condition of bail, their acquaintance with the accused and that the accused person is likely to comply with his or her bail undertaking.
Items [3] and [4] of the proposed amendments make amendments to clause 11 of the Regulation, by way of statute law revision. Clause 11 (5) of the Regulation defines the term
Insert “birth” before “mother” in section 12 (4).
Insert “birth” before “mother” in paragraph (b).
Omit “the father and mother” from section 18 (a).
Insert instead “both parents”.
Insert at the end of clause 1 (1):
Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008 (but only to the extent that it relates to this Act or amendments to the Status of Children Act 1996 that affect the operation of this Act)
Insert after clause 16:
In this clause:
An application may be made to the Registrar for the addition of registrable information, about the identity of a woman who is presumed to be a parent of the child under the relevant provisions, in the birth registration of a child born before the commencement of those provisions.
The Registrar is to determine the application by making the addition or refusing to make the addition.
The Registrar must not add registrable information in the child’s birth registration about the identity of the woman as a parent of the child unless:
(a) the application is made jointly by that woman and the birth mother, and
(b) if the child’s birth registration already includes registrable information that purports to identify a person as the father of the child:
(i) that person has given his consent to the removal of the particulars from the birth registration that identify him as the father of the child (or a court or the regulations authorise their removal because the person is not the father by operation of law or otherwise), and
(ii) the Registrar removes those particulars from the birth registration, and
(c) if the Registrar requires verification of the information contained in the application—the application is accompanied by a statutory declaration verifying the information contained in the application and any other evidence that the Registrar may require.
An application made under this clause must be in a form approved by the Registrar.
This clause has effect despite sections 18 and 20 of this Act and clause 7 (2) of Schedule 2 to the Status of Children Act 1996.
Items [1]–[3] of the proposed amendments to the Births, Deaths and Marriages Registration Act 1995 (
Item [4] of the proposed amendments enables savings and transitional regulations to be made as a consequence of the proposed Act (but only to the extent that it amends the Act or amendments to the SOC Act that affect the operation of the Act).
Item [5] of the proposed amendments is a transitional provision that is consequent on the enactment of the amendments to the SOC Act that are set out in Schedule 2. The provision enables the Registrar of Births, Deaths and Marriages to amend the information relating to parentage of a child, born before the commencement of relevant amendments to the SOC Act, on the child’s birth registration. In particular, the Registrar may:
(a) add information to the child’s birth registration about the identity of a woman who is presumed to be a parent, in the circumstances set out in those amendments to the SOC Act, as the de facto partner of the birth mother of the child, and
(b) where relevant, remove information that purports to identify a person as the father of the child.
The Registrar may only alter the child’s birth registration on the joint application of the birth mother and the woman who is presumed to be a parent as the birth mother’s de facto partner. Where the child’s birth registration contains information that purports to identify a person as the father of the child, that person’s consent will also be required to the removal of the identifying particulars from the registration (unless a court or the regulations authorise their removal because the person is not the father by operation of law or otherwise).
The removal of information purporting to identify a person as the father of the child covers circumstances in which a child’s birth registration contains information that purports to identify a sperm donor as the father of the child. The SOC Act provides for an irrebuttable presumption that a sperm donor can only be the father in those circumstances where he is the husband or de facto partner of the birth mother.
Births, Deaths and Marriages Registration Regulation 2006Insert in alphabetical order in clause 3 (1):
Omit clause 4 (e). Insert instead:
the full name, maiden family name, date of birth and (at the time of delivery) usual place of residence of the birth mother of the child,
Insert “birth” before “mother” in clause 5 (1) (b).
Omit clause 5 (1) (e)–(h). Insert instead:
the full name, maiden family name (if any), date of birth (or age), place of birth, occupation and (at the time of delivery) usual place of residence of each parent of the child,
Insert “birth” before “mother”.
Omit “the mother or father”. Insert instead “either of the parents”.
Insert after clause 5 (2):
If the particulars supplied to the Registrar under section 14 of the Act specify that:
(a) a parent who is the father of the child wishes to be identified in the register as the father, or
(b) a parent who is the birth mother of the child wishes to be identified in the Register as the mother,
or both, the particulars entered in the Register under section 17 of the Act must identify the parent as the father or mother, as the case requires. This subclause does not limit the particulars which may be included in the Register.
Insert “or de facto partner” after “spouse” wherever occurring in clause 10 (1) (c).
Insert after clause 12 (i):
the full name and maiden family name (if any) of any de facto partner of the deceased,
Omit clause 12 (k) and (l). Insert instead:
the full name, maiden family name (if any) and occupation of each parent of the deceased.
Insert after clause 13 (k):
the full name and maiden family name (if any) of any de facto partner of the deceased,
Omit clause 13 (m) and (n). Insert instead:
the full name, maiden family name (if any) and occupation of each parent of the deceased.
Insert after clause 14 (h):
the full name and maiden family name (if any) of any de facto partner of the deceased,
Omit clause 14 (j) and (k). Insert instead:
the full name, maiden family name (if any) and occupation of each parent of the deceased.
Items [2]–[6], [10], [12] and [14] of the proposed amendments to the Births, Deaths and Marriages Registration Regulation 2006 (
Items [8], [9], [11] and [13] of the proposed amendments extend provisions that currently apply in relation to spouses to persons in de facto relationships within the meaning of the Property (Relationships) Act 1984. For this purpose, item [1] of the proposed amendments inserts a definition of
Item [8] of the proposed amendments will ensure that a de facto partner of a transgender person is among the persons who may apply for a birth certificate showing the sex of a transgender person before the record of the transgender person’s sex was altered under Part 5A of the Births, Deaths and Marriages Registration Act 1995.
Clauses 12–14 of the Regulation require funeral directors or others arranging the disposal, or having custody, of human remains to provide certain particulars about the deceased to the Registrar of Births, Deaths and Marriages, including particulars of any spouse of the deceased. Items [9], [11] and [13] of the proposed amendments will ensure that particulars relating to any de facto partner of the deceased are also required to be provided to the Registrar.
Central Coast Water Corporation Act 2006 No 105Insert “or de facto partner” after “a spouse” wherever occurring in clause 4 (1).
Omit “or spouse” wherever occurring.
Insert instead “, spouse or de facto partner”.
Insert in alphabetical order:
Clause 4 of Schedule 6 to the Central Coast Water Corporation Act 2006 prohibits the Central Coast Water Corporation making a loan to a director, a spouse of a director or a relative of a director or spouse. That clause also prohibits the Corporation giving a guarantee or providing security in connection with a loan made to any of those persons.
The proposed amendments to that clause extend those prohibitions to apply to a loan made, guarantee given or security provided to a de facto partner of a director or a relative of any such de facto partner (whether of the same or the opposite sex).
Charles Sturt University Act 1989 No 76Insert in alphabetical order in clause 5 (10):
Among other things, clause 5 of Schedule 3 to the Charles Sturt University Act 1989 (
The proposed amendment to the Act makes it clear that, for the purposes of clause 5 of Schedule 3, the term
Parallel amendments are proposed to the following Acts:
(a) the Macquarie University Act 1989 (see Schedule 3.33),
(b) the Southern Cross University Act 1993 (see Schedule 3.42),
(c) the University of New England Act 1993 (see Schedule 3.48),
(d) the University of New South Wales Act 1989 (see Schedule 3.49),
(e) the University of Newcastle Act 1989 (see Schedule 3.50),
(f) the University of Sydney Act 1989 (see Schedule 3.51),
(g) the University of Technology, Sydney, Act 1989 (see Schedule 3.52),
(h) the University of Western Sydney Act 1997 (see Schedule 3.53),
(i) the University of Wollongong Act 1989 (see Schedule 3.54).
Insert in alphabetical order in clause 2 (1):
The proposed amendment to the Charles Sturt University By-law 2005 (
Omit clause 27 (2) (b). Insert instead:
an existing or former de facto partner, or
Insert after clause 27 (2):
In this clause:
Part 3 of Schedule 2 to the Commercial Agents and Private Inquiry Agents Act 2004 provides for the receivership of property of:
(a) a person who is the holder of a master licence for debt collection under the Act (
a licensee ), or(b) a licensee’s associate.
For the purposes of that Part, a licensee’s associate includes an opposite sex, but not a same sex, de facto partner of the licensee.
The proposed amendments to Schedule 2 to the Act extend Part 3 of that Schedule to the receivership of property of a same sex de facto partner of a licensee.
Commercial Agents and Private Inquiry Agents Regulation 2006Insert “or de facto partner” after “spouse” in clause 14 (5) (b) (ii).
Insert after clause 14 (5):
In this clause:
The proposed amendments to clause 14 of the Commercial Agents and Private Inquiry Agents Regulation 2006 provide for individuals in de facto relationships (within the meaning of the Property (Relationships) Act 1984) to be treated similarly, for the purposes of that clause, to individuals who are married. Under that clause, an individual is not required to pay any fee in relation to an application for an operator licence if the application is made together with a similar application by a proprietary company for a master licence and, among other things, the individual is a director of the company and any other director of the company is the spouse, parent, sibling, son or daughter of the individual.
Constitution (Disclosures by Members) Regulation 1983Insert in alphabetical order in clause 7 (1):
Insert “or de facto partner” after “spouse” wherever occurring.
The proposed amendments to the Constitution (Disclosures by Members) Regulation 1983 extend provisions currently applying in relation to spouses of Members of the New South Wales Parliament to persons with whom Members are in a de facto relationship within the meaning of the Property (Relationships) Act 1984. In particular, the amendments will ensure that particulars of gifts and contributions to travel received by a Member from the Member’s de facto partner or certain relatives of the de facto partner, and particulars of any liability to pay a debt to the de facto partner or those relatives, do not need to be disclosed by a Member.
Contaminated Land Management Act 1997 No 140Insert after section 54 (3):
In this section:
Section 54 of the Contaminated Land Management Act 1997 (
(a) is related to an owner or occupier of the land, or
(b) has a pecuniary interest in the land or any activity carried out on the land.
A site auditor is related to a person, for the purposes of the section, if the site auditor is a de facto partner of the person. Further, a site auditor has a pecuniary interest, for the purposes of that section, if there is a reasonable likelihood or expectation of appreciable financial gain or loss to a person to whom the auditor is related.
The proposed amendment to section 54 of the Act inserts a definition of
Insert in alphabetical order in section 3 (1):
Insert “, de facto partner” after “spouse” in section 4 (2) (b).
Insert “or de facto partner” after “spouse” wherever occurring in paragraphs (a), (b) (i) and (c) (i) of the definition of
Item [1] of the proposed amendments to the Co-operative Housing and Starr-Bowkett Societies Act 1998 (
Section 4 of the Act provides that a person is an
Section 103 of the Act generally restricts the provision of financial accommodation by a co-operative housing society or a Starr-Bowkett society to a director of the society or an associate of the director, including any of the following:
(a) the director’s spouse,
(b) a trustee of a trust under which the director’s spouse has a beneficial interest,
(c) a body corporate if, among other things, the director’s spouse has a material interest in shares in the body corporate.
Item [3] of the proposed amendments extends this restriction to the provision of financial accommodation to any of the following:
(a) the de facto partner of a director,
(b) a trustee of a trust under which the director’s de facto partner has a beneficial interest,
(c) a body corporate if, among other things, the director’s de facto partner has a material interest in shares in the body corporate.
Omit the definition of
(a) a member of the society, or
(b) a spouse, de facto partner or relative of a member, or
(c) a relative of a spouse or de facto partner of a member.
The term
The proposed amendment to the Regulation extends the definition of
Insert “(within the meaning of the Property (Relationships) Act 1984)” after “de facto relationship” in item 20.
Insert at the end of item 20:
Under the Property (Relationships) Act 1984, a de facto relationship can be an opposite or a same sex relationship. In determining whether two persons are in a de facto relationship, all of the circumstances of the relationship are to be taken into account, including certain matters specified in section 4 (2) of the Property (Relationships) Act 1984.
Schedule 1 to the Crimes (Administration of Sentences) Regulation 2001 lists particulars that must be recorded in relation to an inmate as soon as practicable after being received into a correctional centre. Item [1] of the proposed amendments to that Regulation makes it clear that a reference to the inmate’s living in a de facto relationship is a reference to a de facto relationship within the meaning of the Property (Relationships) Act 1984. Item [2] of the proposed amendments inserts a related note.
Criminal Procedure Regulation 2005Omit “husband or wife” from Form 4.
Insert instead “spouse of the accused person”.
The proposed amendment to the Criminal Procedure Regulation 2005 replaces the expression “husband or wife” with “spouse of the accused person” in a form used by courts when recording the reasons for excusing a spouse of an accused person, under section 279 of the Criminal Procedure Act 1986, from giving evidence in certain proceedings. Under that section, a reference to the spouse of an accused person includes a reference to a person with whom the accused person has a de facto relationship within the meaning of the Property (Relationships) Act 1984. The new reference in the form to a spouse of an accused person will have that same meaning.
Day Procedure Centres Regulation 1996Insert in alphabetical order in clause 16 (1):
For the purposes of requirements, set out in section 46 of the Private Hospitals and Day Procedure Centres Act 1988 and Part 3 of the Day Procedure Centres Regulation 1996 (
Insert after paragraph (c) (i) of the definition of
the other party to any de facto relationship (within the meaning of the Property (Relationships) Act 1984) with the dependent person if the relationship between that party and the dependent person is close and continuing, or
Insert after paragraph (c) (i) of the definition of
the other party to any de facto relationship (within the meaning of the Property (Relationships) Act 1984) with the dependent person if the relationship between that party and the dependent person is close and continuing, or
Currently, the definition of
Item [2] of the proposed amendments makes a consequential amendment.
Farm Produce Act 1983 No 30Insert after section 27 (5):
In this section, a reference to a member of the seller’s family includes a reference to a person with whom the seller is in a de facto relationship within the meaning of the Property (Relationships) Act 1984.
Section 27 of the Farm Produce Act 1983 restricts the sale of farm produce by a farm produce seller to the seller’s family. The proposed amendment to that section makes it clear that the restriction applies also to the sale of farm produce to a person with whom the seller is in a de facto relationship within the meaning of the Property (Relationships) Act 1984.
Fire Brigades Regulation 2003Insert “or domestic” after “marital” in clause 18 (1) (h).
The proposed amendment to the Fire Brigades Regulation 2003 is consequential on the proposed amendments to the Anti-Discrimination Act 1977, set out in Schedule 1, that replace the term
Insert in alphabetical order in section 3 (1):
The proposed amendment to the Greyhound and Harness Racing Administration Act 2004 (
Section 13 enables the registration of a proprietary company as a bookmaker in relation to greyhound racing or harness racing if, among other things, each shareholder who is not a director of the company is a close family member of a director.
Under clause 11 of Schedule 1 to the Act, a member of the Greyhound and Harness Racing Regulatory Authority is taken to have a pecuniary interest in a matter under consideration by the Authority, for the purposes of disclosure and other requirements set out in clause 10 of that Schedule, if the member’s de facto partner has a pecuniary interest in the matter.
Greyhound Racing Act 2002 No 38Insert after clause 11 (5):
In this clause:
Under clause 11 of Schedule 1 to the Greyhound Racing Act 2002 (
The proposed amendment inserts a definition of
Insert “or the parties to a de facto relationship,” after “together,” in section 34 (4).
Insert “or de facto partner” after “spouse” wherever occurring.
Insert after section 34 (11):
In this section:
Section 34 of the Growth Centres (Development Corporations) Act 1974 (
Insert after clause 11 (5):
In this clause:
The proposed amendment to the Harness Racing Act 2002, which applies in relation to pecuniary interests of a member of Harness Racing New South Wales, is parallel to the amendment made to the Greyhound Racing Act 2002 set out in Schedule 3.23. See the explanatory note appearing under that Schedule.
Home Building Act 1989 No 147Omit section 3AA (2) (b). Insert instead:
an existing or former de facto partner, or
Insert after section 3AA (3):
For the purposes of this section:
The term
Sections 20 (6), 32B (5) and 40 (1) of the Act enable the Director-General to reject an application for a licence, or an application to renew or restore a licence, on the ground that the Director-General considers that a close associate of the applicant who would not be a fit and proper person to hold a licence or other authority exercises a significant influence over the applicant or the operation and management of the applicant’s business. Sections 20 (6) and 32B (5) also enable the Director-General to reject an application for a licence if there are reasonable grounds to believe that the application has been made with the intention of avoiding disclosure of any relevant past misconduct of a close associate of the applicant.
Section 35 (1) of the Act enables the Director-General to require a close associate of an applicant for a contractor licence to authorise a third party to provide certain information or records or to consent to a third party giving the Director-General financial and other confidential information concerning the close associate.
Section 127 of the Act enables any person authorised by the Director-General to obtain information about the financial solvency of a close associate of an applicant for, or holder of, a licence.
Industrial Relations Act 1996 No 17Insert “, de facto partner” after “spouse” in section 5 (4).
Insert “or partner” after “paternity” wherever occurring.
Omit “or the birth of a child” from section 55 (2).
Insert instead “, or the birth of a child following the pregnancy,”.
Omit the subsection. Insert instead:
(a) an unbroken period of up to one week at the time of the birth of the child or other termination of the pregnancy (
short paternity or partner leave ), and(b) a further unbroken period in order to be the primary care-giver of the child (
extended paternity or partner leave ).
Omit “de facto spouse”. Insert instead “de facto partner”.
Insert “
Omit “he” wherever occurring. Insert instead “the employee”.
Omit “his” wherever occurring. Insert instead “the employee’s”.
Insert at the end of clause 2 (1):
Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008, but only in relation to the amendments made to this Act
Insert after clause 47:
The amendments made to Part 4 of Chapter 2 of this Act by the Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008 extend to the taking of extended paternity or partner leave by a female employee where the birth of a child of the employee or of the employee’s female de facto partner has taken place before the commencement of the amendments.
The following provisions apply in place of section 58 (2) in relation to that extended paternity or partner leave:
(a) the employee must, at least 4 weeks before proceeding on leave, give written notice of the dates on which she proposes to start and end the period of leave,
(b) the employee must, before the start of leave, provide a certificate from a medical practitioner stating that the child was born and the date of birth,
(c) the employee must, before the start of leave, provide a statutory declaration by the employee stating:
(i) if applicable, the period of any maternity leave sought or taken by her de facto partner, and
(ii) that the employee is seeking the period of leave to become the primary care-giver of the child.
Any entitlement of a female employee to take paternity or partner leave under this clause ceases on the expiration of 1 year following the birth of the child concerned.
In this clause:
(a) a reference to a child of a female employee is a reference to a child of whom the employee is presumed to be a parent because of the application of section 14 (1A) (a) of the Status of Children Act 1996, and
(b) a reference to a child of the employee’s de facto partner is a reference to a child who is born following the pregnancy of the employee’s de facto partner.
Insert in alphabetical order:
Section 5 (4) of the Industrial Relations Act 1996 (
Item [4] of the proposed amendments recasts section 55 (3) to replace the term
Section 55 (5) of the Act defines the term
Item [11] of the proposed amendments inserts a definition of
Item [9] of the proposed amendments enables savings and transitional regulations to be made as a consequence of the proposed Act (but only to the extent that it amends the Act).
Item [10] of the proposed amendments provides for the proposed entitlement for certain female employees to take partner leave to extend to the taking of partner leave by such employees where the birth concerned has taken place before the commencement of the amendments. The entitlement is to cease at the expiration of 1 year following the birth of the child. This is consistent with section 54 of the Act, which (among other things) provides that parental leave is not to extend beyond 1 year after the birth of the child concerned.
Irrigation Areas (Reduction of Rents) Act 1974 No 83Insert in alphabetical order in section 3 (1):
(a) the spouse of the eligible pensioner, or
(b) a person with whom the eligible pensioner is in a de facto relationship within the meaning of the Property (Relationships) Act 1984.
Omit “spouse” wherever occurring. Insert instead “domestic partner”.
The proposed amendments to the Irrigation Areas (Reduction of Rents) Act 1974 (
Under the Act, rent for a certain kind of lease in respect of land within a special land district (within the meaning of the Crown Lands Act 1989), or a lease under the Wentworth Irrigation Act 1890, may be reduced if the lease is held by an eligible pensioner who occupies a dwelling on the land concerned as his or her principal place of abode. In the case of a lease held jointly with other persons, the discount is applied to the rent in direct proportion to the total share of interests in the lease that is held by an eligible pensioner with any jointly eligible occupier.
The effect of extending the term
Insert in alphabetical order in section 4 (1):
Omit the definition.
Insert “or de facto partner” after “spouse” in section 63 (2) (a).
Insert “or de facto partner” after “spouse” in section 69 (2) where firstly occurring.
Insert “, de facto partner” after “spouse” where secondly occurring.
Item [2] of the proposed amendments omits the definition of
The effect of item [3], when read with item [1], of the proposed amendments is that where a licensee under the Act dies, the business of the licensee may be carried on for up to 1 month by the de facto partner of the licensee.
The effect of items [4] and [5], when read with item [1] of the proposed amendments, is that where a licensee is disqualified, under section 69 (1) of the Act, from holding a licence, the licence may be transferred to the de facto partner of the licensee.
Local Government Act 1993 No 30Omit the definition of
Insert “or de facto partner” after “spouse” wherever occurring in paragraphs (a) and (c).
Insert “or de facto partner” after “spouse” in paragraph (a).
Currently, the definition of
Currently, the term
The terms
The terms
The term
Item [2] of the proposed amendments extends the definition of
Insert “(whether of the same or the opposite sex)” after “partner” in clause 217 (1) (a1) (vii).
The proposed amendment to the Local Government (General) Regulation 2005 amends a provision that requires an annual report of a council to include details on the total cost of the expenses of any spouse, partner or other person who accompanied a councillor in the performance of his or her civic functions. The proposed amendment makes it clear that the reference to a partner of a councillor in the provision is a reference to any partner of the councillor, whether of the same or the opposite sex.
Lotteries and Art Unions Regulation 2007Omit clause 96 (e). Insert instead:
the spouse, de facto partner or other family member of a person referred to in paragraph (b)–(d), if the spouse, de facto partner or family member lives at the same address as that person.
Insert at the end of clause 96:
In this clause:
The proposed amendments to the Lotteries and Art Unions Regulation 2007 amend a provision that prohibits, among others, the de facto spouses of certain persons involved in the conduct of a mini-numbers lottery from playing in the lottery.
Item [1] of the proposed amendments replaces references to a de facto spouse with references to a de facto partner. Item [2] of the proposed amendments inserts a definition of
Insert in alphabetical order in clause 5 (10):
The proposed amendment to clause 5 of Schedule 2A to the Macquarie University Act 1989 is an amendment, applying in relation to the material interests of a member of the Council of Macquarie University, that is parallel to the amendment to the Charles Sturt University Act 1989 set out in Schedule 3.8. See the explanatory note appearing under that Schedule.
Pre-Trial Diversion of Offenders Act 1985 No 153Insert in alphabetical order in section 3 (1):
Omit “de facto spouse” from section 14 (2) (c).
Insert instead “de facto partner”.
Item [1] of the proposed amendments to the Pre-Trial Diversion of Offenders Act 1985 (
Section 2A of the Act provides, among other things, that the purpose of the Act is to provide for the protection of children who have been victims of sexual assault by a parent or a parent’s spouse or de facto partner. Section 3A of the Act provides that the Act applies to a person who is charged with a child sexual assault offence committed with or upon the person’s child or the child of the person’s spouse or de facto partner. Section 14 of the Act provides for the assessment of such a person’s suitability for participation in the Pre-Trial Diversion of Offenders Program. Section 30A (1) of the Act describes that program as a program for the treatment of a person who commits a child sexual assault offence with or upon the person’s child or the child of the person’s spouse or de facto partner.
Privacy and Personal Information Protection Act 1998 No 133Insert “(whether of the same or the opposite sex)” after “partner” wherever occurring.
The proposed amendment to the Privacy and Personal Information Protection Act 1998 (
(a) the contravention by a public sector agency of an information protection principle, or a privacy code of practice, that applies to the agency, or
(b) the disclosure by a public sector agency of personal information kept in a public register.
Sections 53 and 55 of the Act enable a public sector agency and the Administrative Decisions Tribunal, respectively, to pay or order the payment of monetary compensation following a review by the agency or the Tribunal into the agency’s conduct. Sections 53 (7A) and 55 (4A) provide, however, that monetary compensation may not be paid if, among other things, the applicant for the review is a convicted inmate or former convicted inmate or a spouse, partner or other listed associate of such an inmate or former inmate.
The proposed amendment makes it clear that the reference to a partner of a convicted inmate or former convicted inmate in these provisions is a reference to any partner of the inmate or former inmate, whether of the same or the opposite sex.
Private Hospitals Regulation 1996Insert in alphabetical order in clause 16 (1):
The proposed amendment to the Private Hospitals Regulation 1996 makes an amendment in relation to the pecuniary interests of medical practitioners and dentists (
Insert after section 5 (3) (c):
where the domestic relationship is a de facto relationship between two women, a child of whom both of those women are presumed to be parents by virtue of the Status of Children Act 1996.
The proposed amendment to the Property (Relationships) Act 1984 (
Insert in alphabetical order in section 3 (1):
Omit paragraph (b) of the definition of
Insert instead:
an existing or former de facto partner, or
Omit section 124 (2) (b). Insert instead:
an existing or former de facto partner, or
The proposed amendments to the Property, Stock and Business Agents Act 2002 (
Item [2] of the proposed amendments to the Act, when read with item [1] of those amendments, extends the definition of
Item [3] of the proposed amendments, when read with item [1] of those amendments, extends references to associates of a licensee in Part 9 of the Act to the same sex de facto partner of the licensee and certain relatives of that partner. Part 9 provides for the appointment of a manager for the business, or receivership of the property, of a licensee, including where the Director-General is of the opinion that there has been a failure to account by the licensee (see sections 126 and 138 of the Act). A
Item [3], together with item [1], of the proposed amendments will also operate in section 139 of the Act, which enables the receivership of property of an associate of a licensee.
Public Sector Employment and Management Act 2002 No 43Omit “paternity” from section 97 (1). Insert instead “partner”.
The proposed amendment to the Public Sector Employment and Management Act 2002 is consequential on the amendments relating to partner leave made to the Industrial Relations Act 1996 contained elsewhere in this Schedule.
Road Transport (General) Act 2005 No 11Insert “de facto partner,” after “spouse,” in section 23 (1) (a).
Omit the subsection. Insert instead:
In this section:
Currently, section 23 of the Road Transport (General) Act 2005 (
Item [2] of the proposed amendments inserts a definition of
Insert “or de facto partner” after “spouse” in clause 6 (4) wherever occurring.
Insert in alphabetical order:
Item [1] of the proposed amendments to the Rural Lands Protection Act 1998 (
Item [2] of the proposed amendments inserts a definition of
Insert in alphabetical order in clause 5 (10):
The proposed amendment to clause 5 of Schedule 2A to the Southern Cross University Act 1993 is an amendment, applying in relation to the material interests of a member of the Council of Southern Cross University, that is parallel to the amendment to the Charles Sturt University Act 1989 set out in Schedule 3.8. See the explanatory note appearing under that Schedule.
State Owned Corporations Act 1989 No 134Insert “or de facto partner,” after “a spouse” in clause 4 (1) (a) and (b) wherever occurring.
Omit “or spouse” wherever occurring.
Insert instead “, spouse or de facto partner”.
Insert in alphabetical order:
Clause 4 of Schedule 10 to the State Owned Corporations Act 1989 prohibits a statutory State owned corporation making a loan to a director, a spouse of a director or a relative of a director or spouse. That clause also prohibits the corporation giving a guarantee or providing security in connection with a loan made to any of those persons.
The proposed amendments to clause 4 of Schedule 10 extend those prohibitions to apply in relation to a loan made to a de facto partner of a director or a relative of any such de facto partner (whether of the same or the opposite sex).
Supreme Court Act 1970 No 52Insert “, de facto partner” after “spouse” in section 114 (2) (b).
Insert after section 114 (3):
In this section:
Section 114 of the Supreme Court Act 1970 provides, among other things, that the Superannuation Act 1916 does not apply to an associate Judge and that any spouse of the associate Judge is not entitled to receive any payment or pension under that Act. The effect of the proposed amendments is that the de facto partner of an associate Judge (whether of the same or the opposite sex) will also not be entitled to receive any payment or pension under the Superannuation Act 1916.
Sydney Cricket and Sports Ground Act 1978 No 72Omit “husband and wife who are living together” from clause 13 (8).
Insert instead “married couple who are living together, or the parties to a de facto relationship (within the meaning of the Property (Relationships) Act 1984)”.
Insert “or de facto partner” after “spouse” wherever occurring.
Insert after clause 13 (15):
In this clause:
Under clause 13 of Schedule 1 to the Sydney Cricket and Sports Ground Act 1978, a pecuniary interest that a spouse of a member of the Sydney Cricket and Sports Ground Trust has in a contract or proposed contract with the Trust is taken as also being the pecuniary interest of the member for the purposes of disclosure requirements in that clause. The proposed amendments to that Act will result in the pecuniary interests of a person with whom a member is in a de facto relationship (within the meaning of the Property (Relationships) Act 1984) being treated in the same way.
Sydney Cricket Ground and Sydney Football Stadium By-law 2004Insert in alphabetical order in clause 3 (1):
Insert “or de facto partner” after “spouse” wherever occurring.
Omit “spouse” from clause 35 (5). Insert instead “partner”.
Item [1] of the proposed amendments to the Sydney Cricket Ground and Sydney Football Stadium By-law 2004 (
Item [2] of the proposed amendments extends to the de facto partner of a member entitlements that a spouse of a member currently has to apply for or be admitted to certain kinds of membership of the Sydney Cricket Ground and Sydney Football Stadium on the death of the member.
Item [3] of the proposed amendments replaces the term “de facto spouse” with “de facto partner” in clause 35 (5). Item [3], when read with item [1], of the proposed amendments, ensures that the entitlement that an opposite sex de facto partner of a member currently has to apply for certain kinds of membership of the member to be transferred to the partner extends to a same sex de facto partner of a member.
Thoroughbred Racing Act 1996 No 37Insert in alphabetical order in section 14A (9):
Section 14A of the Thoroughbred Racing Act 1996 (
Insert in alphabetical order in clause 5 (10):
The proposed amendment to clause 5 of Schedule 2A to the University of New England Act 1993 is an amendment, applying in relation to the material interests of a member of the Council of the University of New England, that is parallel to the amendment to the Charles Sturt University Act 1989 set out in Schedule 3.8. See the explanatory note appearing under that Schedule.
University of New South Wales Act 1989No 125Insert in alphabetical order in clause 5 (10):
The proposed amendment to clause 5 of Schedule 2A to the University of New South Wales Act 1989 is an amendment, applying in relation to the material interests of a member of the Council of the University of New South Wales, that is parallel to the amendment to the Charles Sturt University Act 1989 set out in Schedule 3.8. See the explanatory note appearing under that Schedule.
University of Newcastle Act 1989 No 68Insert in alphabetical order in clause 5 (10):
The proposed amendment to clause 5 of Schedule 2A to the University of Newcastle Act 1989 is an amendment, applying in relation to the material interests of a member of the Council of the University of Newcastle, that is parallel to the amendment to the Charles Sturt University Act 1989 set out in Schedule 3.8. See the explanatory note appearing under that Schedule.
University of Sydney Act 1989 No 124Insert in alphabetical order in clause 5 (10):
The proposed amendment to clause 5 of Schedule 2A to the University of Sydney Act 1989 is an amendment, applying in relation to the material interests of a Fellow of the Senate of the University of Sydney, that is parallel to the amendment to the Charles Sturt University Act 1989 set out in Schedule 3.8. See the explanatory note appearing under that Schedule.
University of Technology, Sydney, Act 1989 No 69Insert in alphabetical order in clause 5 (10):
The proposed amendment to clause 5 of Schedule 2A to the University of Technology, Sydney, Act 1989 is an amendment, applying in relation to the material interests of a member of the Council of the University of Technology, Sydney, that is parallel to the amendment to the Charles Sturt University Act 1989 set out in Schedule 3.8. See the explanatory note appearing under that Schedule.
University of Western Sydney Act 1997 No 116Insert in alphabetical order in clause 5 (10):
The proposed amendment to clause 5 of Schedule 2A to the University of Western Sydney Act 1997 is an amendment, applying in relation to the material interests of a member of the Board of Trustees of the University of Western Sydney, that is parallel to the amendment to the Charles Sturt University Act 1989 set out in Schedule 3.8. See the explanatory note appearing under that Schedule.
University of Wollongong Act 1989 No 127Insert in alphabetical order in clause 5 (10):
The proposed amendment to clause 5 of Schedule 2A to the University of Wollongong Act 1989 is an amendment, applying in relation to the material interests of a member of the Council of the University of Wollongong, that is parallel to the amendment to the Charles Sturt University Act 1989 set out in Schedule 3.8. See the explanatory note appearing under that Schedule.
Water Industry Competition Act 2006 No 104Insert in alphabetical order:
Section 16 of the Water Industry Competition Act 2006 (
0
0
0