Relationships Register Regulation 2020 (NSW)

1Name of Regulation

This Regulation is the Relationships Register Regulation 2020.

2Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Note—

This Regulation repeals and replaces the Relationships Register Regulation 2015, which would otherwise be repealed on 1 September 2020 by section 10(2) of the Subordinate Legislation Act 1989.

3Definitions(1)

In this Regulation—

fee unit—see Schedule 1, section 2.

the Act means the Relationships Register Act 2010.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)

Notes included in this Regulation do not form part of this Regulation.

s 3: Am 2024 (192), Sch 2[1] [2].

4Recognition of interstate legislation and registrations(1)

The following laws are prescribed as corresponding laws for the purpose of the definition of corresponding law in section 4(1) of the Act—

• (a)

  the Civil Unions Act 2012 of the Australian Capital Territory,

• (b)

  the Domestic Relationships Act 1994 of the Australian Capital Territory,

• (c)

  the Civil Partnerships Act 2011 of Queensland,

• (d)

  the Relationships Act 2003 of Tasmania,

• (e)

  the Relationships Act 2008 of Victoria.

(2)

The following classes of relationships are declared to be interstate registered relationships for the purposes of the Act—

• (a)

  civil unions entered into and in force under the Civil Unions Act 2012 of the Australian Capital Territory,

• (b)

  civil partnerships entered into and in force under the Domestic Relationships Act 1994 of the Australian Capital Territory,

• (c)

  relationships for which registration as a civil partnership is in force under the Civil Partnerships Act 2011 of Queensland,

• (d)

  significant relationships for which deeds of relationship have been registered, and are in force, under the Relationships Act 2003 of Tasmania,

• (e)

  registered domestic relationships within the meaning of the Relationships Act 2008 of Victoria.

5Fees(1)

For the Act, section 17(2)(a), the fees payable for applications under the Act, sections 6 and 11 are set out in Schedule 1, Part 1.

(2)

(Repealed)

(3)

The Registrar may, in appropriate cases, waive or refund the whole or part of a fee for an application.

s 5: Am 2023 (632), Sch 2[1] [2]; 2024 (192), Sch 2[3].

6Service of notice of revocation application(1)

A notice of an application to revoke the registration of a relationship, made by one person in a registered relationship, is to be served on the other person in the registered relationship by serving a copy of the application—

• (a)

  personally in accordance with rule 10.21 of the Uniform Civil Procedure Rules 2005, or

• (b)

  by sending it by registered post, addressed to the person, to the person’s business or residential address, or

• (c)

  by transmitting an electronic copy of the document to the person’s email address.

(2)

Proof of service of the notice is to be provided to the Registrar by way of a statutory declaration by the person who served the notice personally, or caused it to be sent by registered post or by email, setting out the person’s name, the method of service and the date and time of service.

7Notification of registration to authorities of other jurisdictions

The Registrar may provide information about the registration of relationships in this State to the registration authorities under corresponding laws.

8Repeal and saving(1)

The Relationships Register Regulation 2015 is repealed.

(2)

An act, matter or thing that, immediately before the repeal of the Relationships Register Regulation 2015 had effect under that Regulation continues to have effect under this Regulation.

Schedule 1Fees

section 5

Part 1Fees payable

Item	Type of fee	Fee (in fee units)
1	Application for registration of a relationship under the Act, section 6	1.86
2	Application to revoke registration of a relationship under the Act, section 11	0.93

Part 2Adjustment of fees for inflation1Definitions

In this part—

CPI number means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics in the latest published series of that index.

financial year means a period of 12 months commencing on 1 July.

2Calculation of fee unit for regulation(1)

For this regulation, a fee unit is as follows—

• (a)

  in the financial year 2024–25—$100,

• (b)

  in the financial year 2025–26—the amount calculated as follows—

  where—

  A is the CPI number for the March quarter of 2025.

  B is the CPI number for the March quarter of 2024.

• (c)

  in the financial year 2026–27 and each subsequent financial year—the amount calculated as follows—

  where—

  A is the CPI number for the March quarter of 2026.

  B is the CPI number for the March quarter of 2024.

(2)

The amount of a fee unit must be rounded to the nearest cent and an amount of 0.5 cent must be rounded down.

(3)

However, if the amount of a fee unit calculated for any financial year is less than the amount that applied for the previous financial year, then the amount for that previous financial year applies instead.

3Rounding of fee amounts

The amount of a fee calculated by reference to a fee unit must be rounded to the nearest dollar and an amount of 50 cents must be rounded down.

4Notice of indexed fees(1)

As soon as practicable after the CPI number for the March quarter is first published by the Australian Bureau of Statistics, the Registrar is required to—

• (a)

  notify the Parliamentary Counsel of the amount of the fee unit for the next financial year so that notice of that amount may be published on the NSW legislation website, and

• (b)

  give public notice on an appropriate government website of the actual amounts of the fees applying in each financial year resulting from the application of the amount of a fee unit calculated under this part.

(2)

This part operates to change an amount of a fee that is calculated by reference to a fee unit and the change is not dependent on the notification or other notice required by this section.

sch 1: Ins 2024 (192), Sch 2[4].

Historical notesTable of amending instruments

Relationships Register Regulation 2020 (494). LW 21.8.2020. Date of commencement, on publication on LW, cl 2. This Regulation has been amended as follows—

2023	(632)	Births, Deaths and Marriages Registration Amendment (Fees) Regulation 2023. LW 1.12.2023. Date of commencement, 1.1.2024, sec 2.
2024	(192)	Births, Deaths and Marriages Registration Amendment (Fees) Regulation 2024. LW 7.6.2024. Date of commencement, 1.7.2024, sec 2.

Table of amendments

Sec 3	Am 2024 (192), Sch 2[1] [2].
Sec 5	Am 2023 (632), Sch 2[1] [2]; 2024 (192), Sch 2[3].
Sch 1	Ins 2024 (192), Sch 2[4].