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TASMANIA
__________
RELATIONSHIPS (CONSEQUENTIAL
AMENDMENTS) BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Probate Rules 1936 amended
4. Sentencing Amendment Act 2002 amended
5. Consequential amendments
Schedule 1 - Consequential Amendments
[Bill 49]-I
2
RELATIONSHIPS (CONSEQUENTIAL
AMENDMENTS) BILL 2003
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend certain legislation consequential
on the enactment of the Relationships Act 2003
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Relationships
(Consequential Amendments) Act 2003.
Commencement
2. This Act commences on the day on which the
Relationships Act 2003 commences.
Probate Rules 1936 amended
3. The Probate Rules 1936 are amended as follows:
(a) by inserting the following rule after rule 3:
[Bill 49] 3
s. 3 No. Relationships (Consequential 2003
Amendments)
Partner
3A. In these rules, "partner", in relation to a
person, means -
(a) the person with whom that person
is in a significant relationship,
within the meaning of the
Relationships Act 2003; or
(b) the person with whom the first-
mentioned person is in a caring
relationship which is the subject of
a deed of relationship registered
under Part 2 of that Act.
(b) by omitting paragraph (a) of rule 22 and
substituting the following paragraph:
(a) the partner for whom the whole or
any part of the residuary estate of
the intestate is to be held in trust;
(c) by omitting "de facto" from the heading of
Form XXIIA of the Appendix and substituting
"partner";
(d) by omitting "in a relationship with the
deceased living together as husband and wife
on a genuine domestic basis although not
married to each other" from item 4 of Form
XXIIA of the Appendix and substituting
", within the meaning of the Administration
and Probate Act 1935, of the deceased";
(e) by omitting "de facto relationship" from item 6
of Form XXIIA of the Appendix and
substituting "personal relationship, within the
meaning of the Relationships Act 2003,";
4
2003 Relationships (Consequential No. s. 4
Amendments)
(f) by omitting "de facto" from the heading of
Form XXIIB of the Appendix and substituting
"partner";
(g) by omitting "in a relationship with the
deceased living together as husband and wife
on a genuine domestic basis although not
married to each other" from item 4 of Form
XXIIB of the Appendix and substituting
", within the meaning of the Administration
and Probate Act 1935, of the deceased";
(h) by omitting "de facto relationship" from item 5
of Form XXIIB of the Appendix and
substituting "personal relationship, within the
meaning of the Relationships Act 2003,".
Sentencing Amendment Act 2002 amended
4. Section 7 of the Sentencing Amendment Act 2002 is
amended by omitting "de facto spouse" from paragraph (a)
of the definition of "immediate family" inserted in section
81A and substituting "partner, within the meaning of the
Relationships Act 2003,".
Consequential amendments
5. The legislation specified in Schedule 1 is amended as
specified in that Schedule.
5
sch. 1 No. Relationships (Consequential 2003
Amendments)
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 5
Administration and Probate Act 1935
1. Section 44 is amended as follows:
(a) by omitting from subsection (3A) "de facto
husband or de facto wife" first occurring and
substituting "partner";
(b) by omitting from subsection (3A)(a) "de facto
husband or de facto wife" twice occurring and
substituting "partner";
(c) by omitting from subsection (3B) "de facto
husband or de facto wife" first occurring and
substituting "partner";
(d) by omitting from subsection (3B)(a) "de facto
husband or de facto wife" three times
occurring and substituting "partner";
(e) by omitting from subsection (3B)(b)(ii) "de
facto husband or de facto wife" twice occurring
and substituting "partner";
(f) by omitting the definitions of "de facto
husband", "de facto relationship" and "de facto
wife" from subsection (9);
(g) by omitting "de facto husband" from the
definition of "husband" in subsection (9) and
substituting "partner";
(h) by inserting the following definition after the
definition of "husband" in subsection (9):
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2003 Relationships (Consequential No. sch. 1
Amendments)
"partner", in relation to a person,
means -
(a) the person with whom that
person is in a significant
relationship, within the
meaning of the
Relationships Act 2003; or
(b) the person with whom the
first-mentioned person is in
a caring relationship which
is the subject of a deed of
relationship registered
under Part 2 of that Act;
(i) by omitting "de facto wife" from the definition
of "wife" in subsection (9) and substituting
"partner".
Adoption Act 1988
1. Section 3(1) is amended by inserting after the definition
of "the special record" the following definition:
"spouse" includes the other party to a significant
relationship which is the subject of a deed of
relationship registered under Part 2 of the
Relationships Act 2003;
2. Section 19 is amended by inserting after subsection (2)
the following subsection:
(3) In this section, "spouse" includes the
person with whom a prospective adoptive parent had
a significant relationship which was the subject of a
deed of relationship registered under Part 2 of the
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sch. 1 No. Relationships (Consequential 2003
Amendments)
Relationships Act 2003, which deed was revoked by
the death of the person.
3. Section 20 is amended as follows:
(a) by omitting subsection (1) and substituting the
following subsection:
(1) An order for the adoption of a child
may be made in favour of two persons who, for
a period of not less than 3 years before the
date on which the order is made, have been
married to each other or have been the parties
to a significant relationship which is the
subject of a deed of relationship registered
under Part 2 of the Relationships Act 2003.
(b) by omitting from subsection (2) "a man and a
woman" and substituting "the two persons";
(c) by omitting from subsection (2) "de facto";
(d) by inserting in subsection (2) "or the
registration of the deed of relationship" after
"marriage";
(e) by inserting the following subsection after
subsection (2):
(2A) The court may not make an
adoption order in favour of a person who is in
a significant relationship, within the meaning
of the Relationships Act 2003, unless -
(a) the other party to the relationship
is the natural or adoptive parent of
the child proposed to be adopted;
or
8
2003 Relationships (Consequential No. sch. 1
Amendments)
(b) either party to the relationship is
a relative of the child proposed to
be adopted.
(f) by inserting in subsection (5)(a) "or in a
significant relationship referred to in
subsection (1)," after "married";
(g) by inserting in subsection (5)(b) "or in a
significant relationship referred to in
subsection (1)" after "married".
4. Section 24(1)(b) is amended by inserting "marital
status, sexual orientation," after "religion,".
5. Section 29 is amended as follows:
(a) by inserting the following paragraph after
paragraph (d) in subsection (3):
(da) with whom the mother was in a
significant relationship, within the
meaning of the Relationships Act
2003, at the time of its birth or at
or after the time of its conception
but before its birth; or
(b) by inserting the following subsection after
subsection (4):
(4A) In the case of a child whose mother
was in a significant relationship, within the
meaning of the Relationships Act 2003, with a
woman at the time of the child's birth or at or
after the time of its conception but before its
birth and the child has not previously been
adopted, the appropriate persons are the
parties to that relationship if -
(a) the child was born as a result of a
fertilization procedure to which
9
sch. 1 No. Relationships (Consequential 2003
Amendments)
the female partner in the
significant relationship with the
mother had given consent; or
(b) there is no man required to give
consent under subsection (3).
Alcohol and Drug Dependency Act 1968
1. Section 2(1) is amended by omitting "has the same
meaning as it has for the purposes of the Mental Health
Act 1963" from the definition of "relative" and substituting
"includes the person with whom the patient is in a
personal relationship, within the meaning of the
Relationships Act 2003".
Ambulance Service Act 1982
1. Section 42(2)(d)(iii) is amended by inserting "or a
partner, within the meaning of the Relationships Act
2003," after "dependant".
Anatomy Act 1964
1. Section 12(1)(a)(v) is amended by omitting "or his
nearest relative, or any one or more of his nearest relatives
(being kin in the same degree), objects or object to the body
being so dealt with" and substituting "or the person with
whom the deceased was in a personal relationship, within
the meaning of the Relationships Act 2003, or the nearest
relative of the deceased person objects to the body being so
dealt with".
10
2003 Relationships (Consequential No. sch. 1
Amendments)
Anti-Discrimination Act 1998
1. Section 3 is amended as follows:
(a) by omitting the definition of "de facto spouse";
(b) by omitting "support;" from paragraph (b) of
the definition of "family responsibilities" and
substituting "support; or";
(c) by inserting the following paragraph after
paragraph (b) in the definition of "family
responsibilities":
(c) a partner, within the meaning of
the Relationships Act 2003;
(d) by inserting the following definition after the
definition of "race":
"relationship status" means the status
of being or having been in a
personal relationship, within the
meaning of the Relationships Act
2003;
(e) by omitting ", a de facto spouse and a former
de facto spouse" from the definition of
"spouse".
2. Section 16 is amended by inserting after paragraph (f)
the following paragraph:
(fa) relationship status;
3. Section 17(1) is amended by omitting "section 16(e), (f),
(g), (h), (i) or (j)" and substituting "section 16(e), (f), (fa),
(g), (h), (i) or (j)".
4. Section 22(1) is amended as follows:
11
sch. 1 No. Relationships (Consequential 2003
Amendments)
(a) by omitting from paragraph (f) "section 16(e),
(f), (g), (h), (i) or (j)" and substituting
"section 16(e), (f), (fa), (g), (h), (i) or (j)";
(b) by omitting from paragraph (g) "section 16(e),
(f), (g), (h), (i) or (j)" and substituting
"section 16(e), (f), (fa), (g), (h), (i) or (j)".
5. Section 28 is amended as follows:
(a) by omitting "breastfeeding or" and
substituting "breastfeeding,";
(b) by inserting "or relationship status" after
"marital status".
6. Section 30(1) is amended as follows:
(a) by omitting "gender or" and substituting
"gender,";
(b) by inserting "or relationship status" after
"status".
Auctioneers and Real Estate Agents Act 1991
1. Section 64 is amended by inserting after subsection (7)
the following subsection:
(7A) For the purposes of this section, a
relative of a person acquiring an interest in a
property includes a partner, within the meaning of
the Relationships Act 2003.
12
2003 Relationships (Consequential No. sch. 1
Amendments)
Beauty Point Landslip Act 1970
1. Section 2 is amended as follows:
(a) by omitting "Act." from the definition of "real
value" and substituting "Act;";
(b) by inserting the following definition after the
definition of "real value":
"spouse", in relation to a person,
includes the person who is in a
significant relationship, within the
meaning of the Relationships Act
2003, with that person.
Births, Deaths and Marriages Registration
Regulations 2000
1. Regulation 4(2) is amended by inserting after
paragraph (b) the following paragraph:
(ba) the person who is or has been in a significant
relationship, within the meaning of the
Relationships Act 2003, with the registered
person;
Burial and Cremation (Cremation) Regulations
2002
1. Regulation 3(1) is amended as follows:
(a) by inserting the following paragraph after
paragraph (b) in the definition of "senior next
of kin":
13
sch. 1 No. Relationships (Consequential 2003
Amendments)
(ba) if there was no person referred to
in paragraph (a) or (b) or such a
person is not available, the person
with whom the deceased person at
the time of his or her death had a
caring relationship which was the
subject of a deed of relationship
registered under Part 2 of the
Relationships Act 2003; or
(b) by omitting "paragraph (a) or (b)" from
paragraph (c) of the definition of "senior next
of kin" and substituting "paragraph (a), (b) or
(ba)";
(c) by omitting "paragraph (a), (b) or (c)" from
paragraph (d) of the definition of "senior next
of kin" and substituting "paragraph (a), (b),
(ba) or (c)";
(d) by omitting "paragraph (a), (b), (c) or (d)" from
paragraph (e) of the definition of "senior next
of kin" and substituting "paragraph (a), (b),
(ba), (c) or (d)";
(e) by omitting "paragraph (a), (b), (c), (d) or (e)"
from paragraph (f) of the definition of "senior
next of kin" and substituting "paragraph (a),
(b), (ba), (c), (d) or (e)";
(f) by omitting "paragraph (a), (b), (c), (d), (e) or
(f)" from paragraph (g) of the definition of
"senior next of kin" and substituting
"paragraph (a), (b), (ba), (c), (d), (e) or (f)";
(g) by omitting "a person's de facto partner,
within the meaning of the De Facto
Relationship Act 1999" from the definition of
"spouse" and substituting "the other party to a
14
2003 Relationships (Consequential No. sch. 1
Amendments)
significant relationship, within the meaning of
the Relationships Act 2003".
Child Care Act 2001
1. Section 3(1) is amended by omitting the definition of
"spouse" and substituting the following definition:
"spouse", in relation to a person, includes the
person who is in a significant relationship,
within the meaning of the Relationships Act
2003, with that person.
2. Section 59(1) is amended as follows:
(a) by omitting "or a person who lives with that
person as his or her wife or husband without
being legally married to that person" from
paragraph (a) of the definition of "family
member";
(b) by omitting "or a person who lives with such a
person as his or her wife or husband without
being legally married to that person" from
paragraph (g) of the definition of "family
member".
Children, Young Persons and Their Families Act
1997
1. Section 3(2)(b) is amended by omitting "generally
recognised as the de facto husband or wife of the other
person although not legally married to that" and
substituting "in a significant relationship, within the
meaning of the Relationships Act 2003, with the".
15
sch. 1 No. Relationships (Consequential 2003
Amendments)
Closer Settlement Act 1957
1. Section 25 is amended as follows:
(a) by inserting in subsection (1)(b) "or partner"
after "spouse";
(b) by inserting in subsection (2) "or partner" after
"spouse";
(c) by inserting in subsection (3)(a) "or partner"
after "spouse";
(d) by inserting the following subsection after
subsection (3):
(4) For the purposes of this section,
"partner" means the person with whom a
person is in a personal relationship, within the
meaning of the Relationships Act 2003.
Constitution Act 1934
1. Section 33(6) is amended as follows:
(a) by inserting "or partner" after "spouse" in
paragraph (a) of the definition of "member of
the family";
(b) by inserting the following definition after the
definition of "member of the family":
"partner" means the person with whom
a person is in a personal
relationship, within the meaning
of the Relationships Act 2003;
16
2003 Relationships (Consequential No. sch. 1
Amendments)
Cooperatives Act 1999
1. Section 3(1) is amended by inserting after the definition
of "officer" the following definition:
"partner" means the person with whom a person is
in a personal relationship, within the meaning
of the Relationships Act 2003;
2. Section 154(d) is amended as follows:
(a) by inserting "or partner" after "her spouse";
(b) by inserting "or partner" after "and spouse".
3. Section 231(1) is amended as follows:
(a) by inserting "or partner" after "spouse" in
paragraph (a) of the definition of "associate";
(b) by inserting "or partner" after "spouse" in
paragraph (b)(i) of the definition of "associate";
(c) by inserting "or partner" after "spouse" in
paragraph (c)(i) of the definition of "associate".
4. Section 277(1)(b) is amended by inserting "or partner"
after "spouse".
Cooperatives Regulations 2000
1. Clause 1 of Schedule 4 is amended as follows:
(a) by omitting "or spouse" from paragraph (b) of
the definition of "internal creditor" and
substituting ", spouse or partner";
17
sch. 1 No. Relationships (Consequential 2003
Amendments)
(b) by inserting "or partner" after "spouse" in
paragraph (c) of the definition of "internal
creditor".
Coroners Act 1995
1. Section 3 is amended as follows:
(a) by inserting the following paragraph after
paragraph (b) in the definition of "senior next
of kin":
(ba) if the spouse or son or daughter of
or over 18 years is not available,
the person with whom the
deceased person had a caring
relationship, at the time of his or
her death, which was the subject
of a deed of relationship registered
under Part 2 of the Relationships
Act 2003; or
(b) by omitting "spouse or" from paragraph (c) of
the definition of "senior next of kin" and
substituting "spouse,";
(c) by inserting "or the person referred to in
paragraph (ba)" after "years" in paragraph (c)
of the definition of "senior next of kin";
(d) by inserting ", the person referred to in
paragraph (ba)" after "daughter of or over 18
years" in paragraph (d) of the definition of
"senior next of kin";
(e) by inserting "the person referred to in
paragraph (ba)," after "years," in paragraph (e)
of the definition of "senior next of kin";
18
2003 Relationships (Consequential No. sch. 1
Amendments)
(f) by omitting the definition of "spouse" and
substituting the following definition:
"spouse" includes the other party to a
significant relationship, within the
meaning of the Relationships Act
2003;
Corrections Act 1997
1. Section 3 is amended as follows:
(a) by omitting "or de facto spouse" from
paragraph (a) of the definition of "immediate
family";
(b) by inserting the following paragraph after
paragraph (a) in the definition of "immediate
family":
(ab) the person who was in a
significant relationship, within the
meaning of the Relationships Act
2003, with the deceased victim at
the time of the victim's death; and
Criminal Code Act 1924
1. Section 126(2)(b) is amended by omitting "the de facto
partner of" and substituting "in a significant relationship,
within the meaning of the Relationships Act 2003, with".
19
sch. 1 No. Relationships (Consequential 2003
Amendments)
Criminal Justice (Mental Impairment) Act 1999
1. Section 3 is amended as follows:
(a) by inserting ", a person who is in a caring
relationship, within the meaning of the
Relationships Act 2003, with the person" after
"the person" in the definition of "next of kin";
(b) by omitting the definition of "spouse" and
substituting the following definition:
"spouse", in relation to a person,
includes the person who is in a
significant relationship, within the
meaning of the Relationships Act
2003, with that person;
Director of Public Prosecutions Act 1973
1. Section 2 is amended as follows:
(a) by inserting the following definition after the
definition of "Secretary":
"spouse" includes the person with
whom a person is, or was at the
time of his or her death, in a
significant relationship, within the
meaning of the Relationships Act
2003;
(b) by omitting the definitions of "widow" and
"widower".
20
2003 Relationships (Consequential No. sch. 1
Amendments)
2. Section 8C is amended by omitting "Director, his widow
or her widower" and substituting "Director or his or her
spouse".
Duties Act 2001
1. Section 3 is amended as follows:
(a) by inserting the following definition after the
definition of "business asset":
"caring partner", in relation to a
person, means the person who is
in a caring relationship, which is
the subject of a deed of
relationship registered under Part
2 of the Relationships Act 2003,
with that person;
(b) by omitting the definitions of "de facto
partner" and "de facto relationship";
(c) by inserting the following definition after the
definition of "passenger vehicle":
"personal relationship" has the same
meaning as in the Relationships
Act 2003;
(d) by omitting "de facto" from paragraph (a)(i) of
the definition of "related person" and
substituting "caring";
(e) by omitting "de facto relationship" first
occurring from the definition of "relationship
property" and substituting "personal
relationship";
21
sch. 1 No. Relationships (Consequential 2003
Amendments)
(f) by inserting the following definition after the
definition of "shares":
"spouse", in relation to a person,
includes the person who is in a
significant relationship, within the
meaning of the Relationships Act
2003, with that person;
2. Section 53(c) is amended as follows:
(a) by omitting from subparagraph (iv) "de facto"
and substituting "caring";
(b) by omitting from subparagraph (v) "de facto"
and substituting "caring".
3. Section 55 is amended as follows:
(a) by omitting from subsection (1)(a) "a married
couple or a de facto couple" and substituting
"the parties to a marriage or personal
relationship";
(b) by omitting from subsection (1)(b)(i) "married
couple or the de facto couple" and substituting
"parties to the marriage or personal
relationship";
(c) by omitting from subsection (1)(b)(ii) "married
couple or the de facto couple" and substituting
"parties to the marriage or personal
relationship";
(d) by omitting from subsection (1)(b)(iii) "married
couple or the de facto couple" and substituting
"parties to the marriage or personal
relationship";
(e) by omitting from subsection (1)(c) "married
couple or the de facto couple" and substituting
22
2003 Relationships (Consequential No. sch. 1
Amendments)
"parties to the marriage or personal
relationship";
(f) by omitting the definition of "de facto couple"
from subsection (2).
4. Section 57 is amended as follows:
(a) by omitting from subsection (1)(a) "de facto"
first occurring;
(b) by omitting from subsection (1)(a) "de facto
relationship" and substituting "personal
relationship";
(c) by omitting from subsection (1)(a) "de facto
partners" second occurring and substituting
"the partners who is";
(d) by omitting from subsection (1)(b)(i) "De Facto
Relationship Act 1999" and substituting
"Relationships Act 2003";
(e) by omitting from subsection (2)(a) "de facto"
and substituting "personal";
(f) by omitting from subsection (2)(b) "de facto"
and substituting "personal".
5. Section 72(1) is amended as follows:
(a) by omitting from paragraph (g) "de facto" first
occurring and substituting "personal";
(b) by omitting from paragraph (g) "de facto
partners" and substituting "the partners to
that relationship";
(c) by omitting from paragraph (g) "De Facto
Relationship Act 1999" and substituting
"Relationships Act 2003";
23
sch. 1 No. Relationships (Consequential 2003
Amendments)
(d) by omitting from paragraph (h)(i) "de facto"
and substituting "personal";
(e) by omitting from paragraph (h)(ii) "de facto"
and substituting "personal".
6. Section 157(2) is amended by omitting paragraph (c)
and substituting the following paragraph:
(c) is a partner in a personal relationship that has
been -
(i) revoked under the Relationships Act
2003; or
(ii) terminated in accordance with an order
of the court made under that Act -
7. Section 199(1) is amended by omitting paragraph (d)
and substituting the following paragraph:
(d) an application to register a motor vehicle or a
notice of a change of beneficial ownership of a
motor vehicle registered in the names of the
partners to a personal relationship which has
terminated or in the name of either of them, to
the extent that the vehicle was, at the time the
application was made or notice lodged,
relationship property, and it is made for the
purpose of or in connection with an order
under the Relationships Act 2003;
8. Section 225(3)(e) is amended by omitting "or de facto
partner" and substituting "or caring partner".
24
2003 Relationships (Consequential No. sch. 1
Amendments)
Environmental Management and Pollution
Control Act 1994
1. Section 47(8)(b) is amended by inserting "or in a
personal relationship, within the meaning of the
Relationships Act 2003, with the other" after "another".
Evidence Act 2001
1. Section 3(1) is amended as follows:
(a) by omitting the definition of "de facto spouse";
(b) by inserting the following definition after the
definition of "sexual offence":
"spouse", in relation to a person,
includes the person who is in a
significant relationship, within the
meaning of the Relationships Act
2003, with that person;
2. Section 18(2) is amended by omitting "de facto spouse,".
3. Section 19 is amended as follows:
(a) by omitting from paragraph (f) "or de facto
spouse";
(b) by omitting from paragraph (g) "or de facto
spouse" twice occurring.
4. Section 20 is amended as follows:
(a) by omitting from subsection (4)(a) "or de facto
spouse";
25
sch. 1 No. Relationships (Consequential 2003
Amendments)
(b) by omitting from subsection (5) "de facto
spouse," first occurring;
(c) by omitting from subsection (5)(b) "de facto
spouse,";
(d) by omitting from subsection (6)(b) "de facto
spouse".
Fatal Accidents Act 1934
1. Section 3(1) is amended as follows:
(a) by omitting the definition of "de facto spouse";
(b) by omitting "de facto spouse" from paragraph
(a) of the definition of "member of the family"
and substituting "partner";
(c) by inserting the following definition after the
definition of "member of the family":
"partner", in relation to a person,
means the person who, at the time
when a wrongful act, neglect or
default occurred in respect of the
first-mentioned person -
(a) was in a personal
relationship, within the
meaning of the
Relationships Act 2003, with
that person; and
(b) ordinarily resided with that
person; and
26
2003 Relationships (Consequential No. sch. 1
Amendments)
(c) was principally dependent
on that person for financial
support;
2. Section 3A is repealed.
First Home Owner Grant Act 2000
1. Section 6(1) is amended by omitting paragraph (b) and
substituting the following paragraph:
(b) they are in a significant relationship, within
the meaning of the Relationships Act 2003.
Forest Practices Act 1985
1. Clause 5 of Schedule 3 is amended as follows:
(a) by inserting in subclause (1)(a) "or partner"
after "spouse";
(b) by inserting the following subclause after
subclause (3):
(4) In this clause, "partner" means the
person with whom a person is in a personal
relationship, within the meaning of the
Relationships Act 2003.
Gaming Control Act 1993
1. Section 4(3) is amended as follows:
27
sch. 1 No. Relationships (Consequential 2003
Amendments)
(a) by inserting the following definition before the
definition of "relative":
"partner" means the person with whom
a person is in a personal
relationship, within the meaning
of the Relationships Act 2003;
(b) by omitting "(including de facto spouse)," from
the definition of "relative" and substituting ",
partner,".
Government Business Enterprises Act 1995
1. Section 3(1) is amended as follows:
(a) by inserting the following definition after the
definition of "officer":
"partner" means the person with whom
a person is in a personal
relationship, within the meaning
of the Relationships Act 2003;
(b) by inserting "or partner" after "spouse" in
paragraph (a) of the definition of "relative";
(c) by omitting the definition of "spouse".
Governor of Tasmania Act 1982
1. The long title is amended by omitting "widow" and
substituting "spouse".
2. Section 3(1) is amended as follows:
28
2003 Relationships (Consequential No. sch. 1
Amendments)
(a) by inserting the following definition after the
definition of "Secretary":
"spouse" includes the person with
whom a person is, or was at the
time of his or her death, in a
significant relationship, within the
meaning of the Relationships Act
2003;
(b) by omitting the definitions of "widow" and
"widower".
3. Section 6AA is amended by omitting "his widow" and
substituting "that spouse".
4. Section 6B is amended by omitting "widow or her
widower" and substituting "or her spouse".
5. Section 6F is amended by omitting ", his widow or her
widower" and substituting "or his or her spouse".
Guardianship and Administration Act 1995
1. Section 3(1) is amended by omitting the definition of
"spouse" and substituting the following definition:
"spouse", in relation to a person, includes the
person who is in a significant relationship,
within the meaning of the Relationships Act
2003, with that person;
29
sch. 1 No. Relationships (Consequential 2003
Amendments)
HIV/AIDS Preventive Measures Act 1993
1. Section 3 is amended by omitting the definition of
"partner" and substituting the following definition:
"partner" means the spouse of a person, or the
person who is in a personal relationship,
within the meaning of the Relationships Act
2003, with that person;
Homes Act 1935
1. Section 17 is amended by inserting after subsection (1)
the following subsection:
(1AA) For the purposes of subsection (1), a
spouse includes the person with whom a person is in
a significant relationship, within the meaning of the
Relationships Act 2003.
Human Tissue Act 1985
1. Section 3(1) is amended as follows:
(a) by inserting "or in a significant relationship,
within the meaning of the Relationships Act
2003," after "married" in paragraph (b)(i) of
the definition of "senior available next of kin";
(b) by inserting "or partner in the significant
relationship" after "then his spouse" in
paragraph (b)(i) of the definition of "senior
available next of kin";
30
2003 Relationships (Consequential No. sch. 1
Amendments)
(c) by inserting "or partner" after "was his spouse"
in paragraph (b)(i) of the definition of "senior
available next of kin";
(d) by omitting "the person, immediately before
his death, was not married or, if he was
married, his spouse is not available" from
paragraph (b)(ii) of the definition of "senior
available next of kin" and substituting "no
person referred to in subparagraph (i) is
available".
Industrial Relations Act 1984
1. Section 30 is amended as follows:
(a) by omitting subsection (1) and substituting the
following subsection:
(1) In this section -
"employee" includes a former
employee;
"relationship status" means the status
of being, or having been, in a
personal relationship, within the
meaning of the Relationships Act
2003.
(b) by inserting in subsection (4)(d) "relationship
status," after "status,".
31
sch. 1 No. Relationships (Consequential 2003
Amendments)
Judges' Contributory Pensions Act 1968
1. The long title is amended by omitting "widows" and
substituting "spouses".
2. Section 2A is amended as follows:
(a) by inserting the following definition after the
definition of "Secretary":
"spouse" includes the person with
whom a person is, or was at the
time of his or her death, in a
significant relationship, within the
meaning of the Relationships Act
2003;
(b) by omitting the definitions of "widow" and
"widower".
3. Section 6 is amended as follows:
(a) by omitting from subsection (1) "widow or
widower" and substituting "spouse";
(b) by omitting from subsection (2) "widow or
widower," and substituting "spouse";
(c) by omitting from subsection (2A) "widow or
widower" first occurring and substituting
"spouse";
(d) by omitting from subsection (2A)(a) "the widow
or widower married the deceased person after
the date on which he or she" and substituting
"he or she married or entered into a significant
relationship, within the meaning of the
Relationships Act 2003, with the deceased
person after the date on which the deceased
person";
32
2003 Relationships (Consequential No. sch. 1
Amendments)
(e) by omitting paragraph (b) from subsection
(2A);
(f) by omitting from subsection (3) "widow or
widower" and substituting "spouse".
4. Section 10B is amended as follows:
(a) by omitting from subsection (1) "widow" and
substituting "spouse";
(b) by omitting from subsection (2) "widow" and
substituting "spouse".
5. Section 10C is amended as follows:
(a) by omitting from subsection (1) "widow" and
substituting "spouse";
(b) by omitting from subsection (2) "widow" and
substituting "spouse".
6. Section 12 is amended by omitting "widow or her
widower" and substituting "spouse".
7. Section 12A is amended by omitting "widow" and
substituting "spouse".
Landlord and Tenant Act 1935
1. Section 64 is repealed and the following section is
substituted:
Exclusion of certain goods
64. (1) The preceding sections of this Division do not
apply to any goods -
33
sch. 1 No. Relationships (Consequential 2003
Amendments)
(a) belonging to the spouse of the tenant
whose rent is in arrear; or
(b) comprised in any bill of sale, hire-
purchase agreement or settlement made
by that tenant; or
(c) in the possession, order or disposition of
that tenant by the consent and
permission of the true owner, under such
circumstances that that tenant is the
reputed owner.
(2) In this section, "spouse" includes the
person with whom a person is in a significant
relationship, within the meaning of the
Relationships Act 2003.
Land Tax Act 2000
1. Section 3 is amended as follows:
(a) by omitting "person;" from paragraph (e) of the
definition of "related person" and substituting
"person; or";
(b) by inserting the following paragraph after
paragraph (e) in the definition of "related
person":
(f) the person with whom the owner
is in a caring relationship which is
the subject of a deed of
relationship registered under Part
2 of the Relationships Act 2003;
(c) by inserting the following definition after the
definition of "shareholder":
34
2003 Relationships (Consequential No. sch. 1
Amendments)
"spouse", in relation to a person,
includes the person who is in a
significant relationship, within the
meaning of the Relationships Act
2003, with that person;
Lawrence Vale Landslip Act 1961
1. Section 2 is amended as follows:
(a) by omitting "applies." from the definition of
"prescribed lands" and substituting "applies;";
(b) by inserting the following definition after the
definition of "prescribed lands":
"spouse", in relation to a person,
includes the person who is in a
significant relationship, within the
meaning of the Relationships Act
2003, with that person.
Legal Aid Commission Act 1990
1. Section 19 is amended as follows:
(a) by omitting from subsection (4)(a) "de facto";
(b) by inserting the following subsection after
subsection (4):
(5) For the purpose of subsection (4),
"partner" means the person with whom a
person is in a personal relationship, within the
meaning of the Relationships Act 2003.
35
sch. 1 No. Relationships (Consequential 2003
Amendments)
Local Government (Rates and Charges
Remissions) Act 1991
1. Section 3 is amended by inserting after the definition of
"municipality" the following definition:
"partner" means the person with whom a person is,
or was at the time of his or her death, in a
significant relationship, within the meaning of
the Relationships Act 2003;
2. Section 4 is amended as follows:
(a) by omitting from subsection (3)(b) "married
person" and substituting "person who is
married or in a significant relationship, within
the meaning of the Relationships Act 2003";
(b) by inserting in subsection (3)(b)(i) "or partner"
after "spouse";
(c) by inserting in subsection (3)(b)(ii) "or partner"
after "spouse";
(d) by omitting from subsection (4) "or widower"
three times occurring and substituting ",
widower or partner".
Mental Health Act 1996
1. Section 3 is amended by omitting the definition of
"spouse" and substituting the following definition:
"spouse", in relation to a person, includes the
person who is in a significant relationship,
within the meaning of the Relationships Act
2003, with that person;
36
2003 Relationships (Consequential No. sch. 1
Amendments)
Motor Accidents (Liabilities and Compensation)
Regulations 2000
1. Part 1 of Schedule 1 is amended as follows:
(a) by omitting the definition of "child of a
marriage or de facto relationship" from clause
1 and substituting the following definition:
"child of a marriage or significant
relationship" means a child
referred to in clause 2 of Part 1;
(b) by omitting the definitions of "de facto
relationship" and "de facto spouse" from clause
1;
(c) by omitting "or de facto spouse" from
paragraph (a) of the definition of "dependant"
in clause 1;
(d) by omitting "person;" from paragraph (c) of the
definition of "dependant" in clause 1 and
substituting "person; or";
(e) by inserting the following paragraph after
paragraph (c) in the definition of "dependant"
in clause 1:
(d) a dependent carer of the injured
person;
(f) by omitting "de facto relationship" from
paragraph (b) of the definition of "dependent
child" in clause 1 and substituting "significant
relationship, within the meaning of the
Relationships Act 2003,";
37
sch. 1 No. Relationships (Consequential 2003
Amendments)
(g) by omitting "State." from the definition of
"registered" in clause 1 and substituting
"State;";
(h) by inserting the following definition after the
definition of "registered" in clause 1:
"spouse", in relation to a person,
includes the person who, at the
time of a motor accident -
(a) is in a significant
relationship, within the
meaning of the
Relationships Act 2003, with
that person; and
(b) ordinarily resides with that
person; and
(c) is wholly, mainly or partly
dependent on that other
person for financial support.
(i) by omitting from clause 2(1) "de facto
relationship" first occurring and substituting
"significant relationship, within the meaning
of the Relationships Act 2003,";
(j) by omitting from clause 2(1)(a) "de facto" and
substituting "significant";
(k) by omitting from clause 2(1)(b) "de facto" twice
occurring and substituting "significant";
(l) by omitting from clause 2(2) "de facto" twice
occurring and substituting "significant";
(m) by inserting the following clause after clause 5:
38
2003 Relationships (Consequential No. sch. 1
Amendments)
Dependent carer
5A. For the purposes of this Schedule, a
person is a dependent carer of another person
if the person -
(a) is in a caring relationship, within
the meaning of the Relationships
Act 2003, with the other person;
and
(b) ordinarily resides with the other
person in the same premises; and
(c) is principally dependent on the
other person for financial support.
(n) by omitting clause 7.
National Parks and Reserves Management Act
2002
1. Section 16 is amended by omitting subsection (3) and
substituting the following subsection:
(3) In the case of a member of the Council who
has a spouse or is in a personal relationship, within
the meaning of the Relationships Act 2003, a
pecuniary interest of the spouse or the other party to
the personal relationship is taken for the purposes of
this section to be a pecuniary interest of the member
if the interest is known to that member.
39
sch. 1 No. Relationships (Consequential 2003
Amendments)
Natural Resource Management Act 2002
1. Section 19 is amended as follows:
(a) by inserting in subsection (6)(d) "business or
commercial" after "a";
(b) by omitting from subsection (6)(g) "de facto
spouse" and substituting "partner";
(c) by omitting from subsection (6)(h) "de facto
spouse" and substituting "partner";
(d) by inserting the following subsection after
subsection (6):
(7) For the purposes of subsection (6)(g)
and (h), "partner" means the person with
whom a person is in a personal relationship,
within the meaning of the Relationships Act
2003.
Parliamentary (Disclosure of Interests) Act 1996
1. Section 3 is amended by inserting after the definition of
"securities" the following definition:
"spouse", in relation to a person, includes the
person who is in a significant relationship,
within the meaning of the Relationships Act
2003, with that person;
40
2003 Relationships (Consequential No. sch. 1
Amendments)
Parliamentary Salaries, Superannuation and
Allowances Act 1973
1. Schedule 3 is amended by omitting clauses 2 and 3 and
substituting the following clauses:
Voluntary contributions and spouse
contributions
2. (1) A member may elect, in writing to the RBF
Board, to make voluntary contributions or spouse
contributions to the accumulation scheme or an
investment account established by the regulations
under the Retirement Benefits Act 1993.
(2) In this clause, "spouse" includes the
person who is in a significant relationship, within
the meaning of the Relationships Act 2003, with a
member.
Lump sum benefit may be taken as allocated
pension
3. (1) Where a member or his or her surviving
partner is entitled to a lump sum benefit, he or she
may elect to transfer all or part of that benefit to the
accumulation scheme or an allocated pension
account established by the regulations under the
Retirement Benefits Act 1993.
(2) In this clause, "surviving partner"
means the widow or widower of a member, and
includes a person with whom the member was in a
significant relationship, within the meaning of the
Relationships Act 2003, but only where that widow,
widower or person was, in the opinion of the Board -
41
sch. 1 No. Relationships (Consequential 2003
Amendments)
(a) living with the member at the time of his
or her death on a genuine domestic
basis; and
(b) in receipt of significant financial support
from that member.
Partnership Act 1891
1. Section 4 is amended as follows:
(a) by omitting "otherwise." from the definition of
"Court" and substituting "otherwise;";
(b) by inserting the following definition after the
definition of "Court":
"spouse" includes the person with
whom a person is, or was at the
time of his or her death, in a
significant relationship, within the
meaning of the Relationships Act
2003.
2. Section 7(c) is amended as follows:
(a) by omitting from subparagraph (iii) "widow"
and substituting "spouse";
(b) by inserting the following subparagraph after
subparagraph (iii):
(iiia) a person who, at the time of the
death of a partner in a business,
was in a caring relationship, which
was the subject of a deed of
relationship registered under Part
2 of the Relationships Act 2003,
42
2003 Relationships (Consequential No. sch. 1
Amendments)
with that partner, and who
receives by way of annuity a
portion of the profits made in the
business in which the deceased
person was a partner, is not by
reason only of such receipt a
partner in the business, or liable
as such;
Pensioners (Heating Allowances) Act 1971
1. Section 2(1) is amended as follows:
(a) by omitting "State." from the definition of
"marketable securities" and substituting
"State;";
(b) by inserting the following definition after the
definition of "marketable securities":
"spouse", in relation to a person,
includes the person who is in a
significant relationship, within the
meaning of the Relationships Act
2003, with that person.
Perpetuities and Accumulations Act 1992
1. Section 3(1) is amended by inserting after the definition
of "property" the following definition:
"spouse" includes the person with whom a person
is, or was at the time of his or her death, in a
significant relationship, within the meaning of
the Relationships Act 2003;
43
sch. 1 No. Relationships (Consequential 2003
Amendments)
2. Section 7 is amended as follows:
(a) by omitting "widow or widower of a" and
substituting "spouse of a deceased";
(b) by omitting from paragraph (a) "widow or
widower" and substituting "spouse";
(c) by omitting from paragraph (b)(iv) "his widow
or her widower" and substituting "his or her
spouse";
(d) by omitting from paragraph (b)(v) "his widow
or her widower" and substituting "his or her
spouse";
(e) by omitting from paragraph (b)(vi) "his widow
or her widower" and substituting "his or her
spouse".
3. Section 9(6)(d) is amended by omitting "widow or
widower" and substituting "spouse".
Private Forests Act 1994
1. Section 3 is amended as follows:
(a) by inserting the following definition after the
definition of "non-industrial private forest
grower":
"partner" means the person with whom
a person is in a personal
relationship, within the meaning
of the Relationships Act 2003;
(b) by omitting the definition of "spouse".
44
2003 Relationships (Consequential No. sch. 1
Amendments)
2. Clause 7(1)(a) of Schedule 3 is amended by inserting "or
partner" after "spouse".
3. Clause 4(1)(a) of Schedule 4 is amended by inserting "or
partner" after "spouse".
Public Trustee Act 1930
1. Section 3(1) is amended as follows:
(a) by omitting "Supreme Court." from the
definition of "Registrar" and substituting
"Supreme Court;";
(b) by inserting the following definition after the
definition of "Registrar":
"spouse", in relation to a person,
includes the person who is in a
significant relationship, within the
meaning of the Relationships Act
2003, with that person.
2. Section 25(3) is amended by omitting "wife, husband,"
and substituting "spouse".
Retirement Benefits Act 1993
1. Section 3(1) is amended by omitting the definitions of
"widow" and "widower".
2. Section 5(1)(f) is amended by omitting "the widow,
widower and beneficiaries of" and substituting "other
persons entitled to a benefit through".
45
sch. 1 No. Relationships (Consequential 2003
Amendments)
3. Section 29(5A)(b) is amended by omitting "and not
providing significant financial support for the spouse" and
substituting "or partner in a significant relationship,
within the meaning of the Relationships Act 2003, and not
providing significant financial support for that spouse or
partner".
Retirement Benefits Regulations 1994
1. Regulation 3(1) is amended as follows:
(a) by inserting the following definition after the
definition of "investment account":
"legal personal representative"
means the executor of the will or
administrator of the estate of a
deceased person, the trustee of the
estate of a person under a legal
incapacity or a person who holds a
power of attorney granted by a
person in respect of matters
generally pertaining to these
regulations;
(b) by omitting the definition of "personal
representative";
(c) by inserting the following definition after the
definition of "quarter":
"RBF member" means a -
(a) contributor; or
(b) former contributor or a
former eligible employee
46
2003 Relationships (Consequential No. sch. 1
Amendments)
with a compulsory
preservation account; or
(c) former contributor or a
former eligible employee in
receipt of an RBF pension -
but does not include a person in receipt
of an RBF pension under regulation 79;
(d) by inserting the following definition after the
definition of "service":
"spouse" includes the person with
whom an RBF member is in a
significant relationship, within the
meaning of the Relationships Act
2003;
(e) by inserting the following definition after the
definition of "surchargeable contributions debt
account":
"surviving partner" means the widow
or widower of an RBF member,
and includes the person with
whom the RBF member was in a
significant relationship, within the
meaning of the Relationships Act
2003, but only where that widow,
widower or person was, in the
opinion of the Board -
(a) living with the RBF member
at the time of his or her
death on a genuine domestic
basis; and
(b) in receipt of significant
financial support from that
RBF member;
47
sch. 1 No. Relationships (Consequential 2003
Amendments)
(f) by omitting the definitions of "widow" and
"widower".
2. Regulation 3A(1)(f) is amended by omitting "spouses"
and substituting "surviving partner".
3. Regulation 38 is amended as follows:
(a) by omitting paragraph (b) from subregulation
(1);
(b) by omitting from subregulation (1) ", or if the
contributor has died, the spouse, or in the
absence of a spouse, the estate of the
contributor,";
(c) by omitting "spouse of a contributor" from the
definition of "PP" in subregulation (1) and
substituting "surviving partner of the
contributor";
(d) by omitting paragraph (b) from subregulation
(2);
(e) by omitting from subregulation (2) ", or if the
contributor has died, the spouse, or in the
absence of the spouse, the estate of the
contributor,";
(f) by omitting "spouse of a contributor" from the
definition of "PP" in subregulation (2) and
substituting "surviving partner of the
contributor";
(g) by omitting subregulations (3), (4) and (5) and
substituting the following subregulation:
(3) Where the contributor or
amalgamated contributor has died, the benefit
is to be determined in accordance with
subregulation (1) or (2), as appropriate, and is
48
2003 Relationships (Consequential No. sch. 1
Amendments)
to be paid in accordance with the provisions of
regulation 107A.
4. Regulation 39 is amended as follows:
(a) by omitting paragraph (b) from subregulation
(1);
(b) by omitting from subregulation (1) ", or if the
contributor has died, the spouse, or in the
absence of a spouse, the estate of that
contributor";
(c) by omitting ", or the spouse" from the
definition of "PP" in subregulation (1) and
substituting "or the surviving partner";
(d) by omitting subregulations (2), (3) and (4) and
substituting the following subregulation:
(2) Where the contributor has died, the
benefit is to be determined in accordance with
subregulation (1) and is to be paid in
accordance with the provisions of
regulation 107A.
5. Regulation 40(5) is amended by omitting "spouse" twice
occurring and substituting "surviving partner".
6. Regulation 42 is amended as follows:
(a) by omitting from subregulation (1) ", or if the
contributor has died, the spouse, or in the
absence of the spouse, the estate of the
contributor";
(b) by omitting from subregulation (1) "or death"
first occurring;
49
sch. 1 No. Relationships (Consequential 2003
Amendments)
(c) by omitting "spouse" from the definition of
"PP" in subregulation (1) and substituting
"surviving partner";
(d) by omitting subregulations (2), (3) and (4) and
substituting the following subregulation:
(2) Where the contributor has died, the
benefit is to be determined in accordance with
subregulation (1) and is to be paid in
accordance with the provisions of
regulation 107A.
7. Regulation 44(1) is amended by inserting "legal" after
"reason, the".
8. Regulation 60 is amended as follows:
(a) by omitting subregulation (6) and substituting
the following subregulation:
(6) If a person to whom this regulation
applies dies, the Board is to -
(a) pay the benefit in accordance with
the provisions of regulation 107A;
or
(b) transfer the whole, or a part, of
the balance of the investment
account to an allocated pension
account established for the
surviving partner; or
(c) convert the whole, or a part, of the
balance of the investment account
to a pension under regulation 77
and provide for the payment of a
pension to the surviving partner of
that person.
50
2003 Relationships (Consequential No. sch. 1
Amendments)
(b) by omitting subregulations (8) and (9);
(c) by omitting subregulation (12).
9. Regulation 65 is amended as follows:
(a) by omitting from subregulation (1)(b) "widow
or widower" and substituting "surviving
partner";
(b) by omitting subregulations (9), (10) and (11)
and substituting the following subregulation:
(9) If a person entitled to an allocated
pension dies, the Board must pay the balance
of the allocated pension account at the date of
death in accordance with the provisions of
regulation 107A.
10. Regulation 69 is amended as follows:
(a) by omitting subregulation (5) and substituting
the following subregulation:
(5) For the purposes of this regulation,
the Board must notify an RBF member, a
person entitled to the preserved benefit in
accordance with regulation 107A or the legal
personal representative of the member,
whichever is appropriate, by sending a written
notice to that person's last known address.
(b) by inserting the following subregulation after
subregulation (6):
(7) Where a person with an entitlement
to a preserved benefit dies, the Board is to pay
that benefit in accordance with the provisions
of regulation 107A.
51
sch. 1 No. Relationships (Consequential 2003
Amendments)
11. Regulation 72(2)(b) is amended by omitting "spouse"
and substituting "surviving partner".
12. Regulation 77 is amended as follows:
(a) by omitting from subregulation (1) "A person"
and substituting "Except as provided in
subregulation (8), a person";
(b) by omitting from subregulation (4)(b) "widow
or widower" and substituting "surviving
partner";
(c) by omitting from subregulation (5)(a) "spouse
of a contributor or an eligible employee," and
substituting "surviving partner,";
(d) by inserting the following subregulation after
subregulation (7):
(8) A benefit payable under
regulation 107A(1)(b) or (c) is not to be
converted to a pension.
13. Regulation 78 is amended as follows:
(a) by omitting from subregulation (2) "spouse"
and substituting "partner";
(b) by omitting from subregulation (3) "the spouse
of that person" and substituting "by his or her
surviving partner";
(c) by omitting from subregulation (5) "widow or
widower" and substituting "surviving partner".
14. Regulation 79 is rescinded and the following
regulation is substituted:
52
2003 Relationships (Consequential No. sch. 1
Amendments)
Pensions payable to surviving partner
79. (1) The surviving partner of a former
contributor or former eligible employee is entitled to
a pension calculated at the rate specified in
subregulation (2) if the former contributor or former
eligible employee, at the date of his or her death,
was in receipt of a pension calculated -
(a) under regulation 76; or
(b) on the basis of an entitlement for the
reversion of the pension to his or her
surviving partner under regulation 77;
or
(c) under Schedule 3.
(2) The pension that was payable to a
surviving partner under subregulation (1) is payable
at the rate of two-thirds of the pension that the
former contributor or former eligible employee -
(a) was receiving; or
(b) was eligible to receive if that pension
had not been suspended or reduced by
the Board under regulation 85(1) -
immediately before the death of the former
contributor or former eligible employee.
(3) A pension being paid to a surviving partner
arising from the death of a former contributor or
former eligible employee ceases to be paid with effect
from the date of death of that surviving partner.
(4) A pension that has been calculated on the
basis that there is to be no reversion of that pension
to a surviving partner on the death of a former
contributor or former eligible employee ceases to be
53
sch. 1 No. Relationships (Consequential 2003
Amendments)
paid with effect from the date of death of that former
contributor or former eligible employee.
(5) A pension is payable under this regulation
to the surviving partner of a pensioner
notwithstanding that the marriage took place, or the
significant relationship, within the meaning of the
Relationships Act 2003, commenced, after the
retirement of the pensioner.
15. Regulation 80 is rescinded.
16. Regulation 81 is amended by omitting subregulation
(8) and substituting the following subregulation:
(8) If a pension is payable to a surviving
partner or a child, subregulations (6) and (7) have
effect as if that pension came into force when the
pension payable to that pensioner came into force.
17. Regulation 88C is amended as follows:
(a) by omitting from subregulation (1)(b) "spouse"
and substituting "surviving partner";
(b) by omitting from subregulation (2) "the
person's" and substituting "his or her";
(c) by omitting from subregulation (2) "his widow,
her widower or the personal representative"
and substituting "a person referred to in
regulation 107A".
18. Regulation 90(1) is amended as follows:
(a) by omitting from paragraph (a)(ii) "spouse"
and substituting "surviving partner";
(b) by omitting paragraph (g) and substituting the
following paragraph:
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2003 Relationships (Consequential No. sch. 1
Amendments)
(g) in respect of a person who receives
a pension from the Fund payable
under regulation 79, a
contribution equal to two-thirds of
the contribution that would have
been payable in respect of the
pension payable to the RBF
member as at the date of his or her
death; and
19. Regulation 103(1A) is amended by omitting "spouse"
twice occurring and substituting "surviving partner".
20. Before regulation 108, the following regulation is
inserted in Part 11:
Payment of benefits on death of RBF member
107A. (1) Except as provided in subregulation (2) or
(3), where a benefit is payable under these
regulations upon the death of an RBF member, that
benefit must be paid to -
(a) the surviving partner of that RBF
member; or
(b) if there is no surviving partner, the
person with whom the RBF member was
in a caring relationship which was the
subject of a deed of relationship
registered under Part 2 of the
Relationships Act 2003, which deed was
revoked by the death of that member; or
(c) if there is no person referred to in
paragraph (a) or (b), the estate of that
RBF member, subject to the production
of grant of probate or letters of
administration.
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Amendments)
(2) Notwithstanding subregulation (1), an RBF
member may elect in writing to the Board that in the
event of his or her death all or part of a death benefit
is to be paid to his or her estate.
(3) Subregulation (1) does not apply where an
RBF member has elected in writing to the Board
prior to the commencement of the Relationships Act
2003 to have all or part of a death benefit paid to his
or her estate.
21. Regulation 108 is amended as follows:
(a) by omitting from subregulation (1)(a)(iii)
"marital" and substituting "relationship";
(b) by omitting from subregulation (1)(d)(i)
"spouse" and substituting "surviving partner";
(c) by inserting in subregulation (1)(d)(i) "legal"
after "or his or her";
(d) by inserting the following subregulation after
subregulation (1):
(1A) For the purposes of
subregulation (1)(a)(iii), "relationship
status" means the status of being married or
in a significant relationship, within the
meaning of the Relationships Act 2003, or in a
caring relationship which is the subject of a
deed of relationship registered under Part 2 of
that Act.
22. Regulation 112(2) is amended as follows:
(a) by omitting from paragraph (c) "spouse" and
substituting "surviving partner";
(b) by omitting from paragraph (c)(i) "widow or
widower" and substituting "surviving partner";
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2003 Relationships (Consequential No. sch. 1
Amendments)
(c) by omitting subparagraph (ii) from paragraph
(c) and substituting the following
subparagraph:
(ii) a certificate of her or his marriage
to the contributor, an extract of
that certificate or any other proof
of his or her marriage to the
contributor the Board requires or,
in the case of a surviving partner
who was in a significant
relationship, within the meaning
of the Relationships Act 2003, such
evidence of that relationship as
the Board requires;
(d) by omitting from paragraph (d)(iii) "employee."
and substituting "employee;";
(e) by inserting the following paragraph after
paragraph (d):
(e) in the case of an application made
by a person referred to in
regulation 107A(1)(b), is to be
accompanied by a certificate
issued under section 23 of the
Relationships Act 2003 certifying
the registration of a deed of
relationship in respect of a caring
relationship registered under Part
2 of that Act.
Retirement Benefits (Parliamentary
Superannuation) Regulations 2002
1. Regulation 3 is amended as follows:
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sch. 1 No. Relationships (Consequential 2003
Amendments)
(a) by omitting the definition of "child" and
substituting the following definition:
"child", in respect of a member or
former member, means a person
who -
(a) is under the age of 18 years;
and
(b) is the child of the member or
former member and his or
her surviving partner -
and includes -
(c) a person under that age who
has been legally adopted by
the member or by the
surviving partner of the
member; and
(d) a person over that age but
under the age of 25 years
who is receiving full-time
education at a school, college
or university;
(b) by inserting the following definition after the
definition of "House":
"legal personal representative"
means the executor of the will or
administrator of the estate of a
deceased person, the trustee of the
estate of a person under a legal
incapacity or a person who holds a
power of attorney granted by a
person in respect of matters
generally pertaining to these
regulations;
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2003 Relationships (Consequential No. sch. 1
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(c) by inserting the following definition after the
definition of "PRB Fund":
"PRBF member" means a member or
former member of Parliament to
whom Part 4 applies;
(d) by inserting the following definition after the
definition of "PS Fund":
"PSF member" means a member or
former member of Parliament to
whom Part 3 applies;
(e) by inserting the following definition after the
definition of "second commencement day":
"spouse" includes the person with
whom a PRBF member or PSF
member is in a significant
relationship, within the meaning
of the Relationships Act 2003;
(f) by inserting the following definition after the
definition of "surchargeable contributions debt
account":
"surviving partner" means the widow
or widower of a PRBF member or
PSF member and includes the
person with whom the member
was in a significant relationship,
within the meaning of the
Relationships Act 2003, but only
where that widow, widower or
person was, in the opinion of the
Board -
(a) living with the member at
the time of his or her death
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Amendments)
on a genuine domestic basis;
and
(b) in receipt of significant
financial support from that
member;
(g) by omitting the definitions of "widow" and
"widower".
2. Subdivision 2 of Division 4 of Part 3 is amended by
omitting "Widows' and widowers'" from the heading to
that Subdivision and substituting "Surviving partners'".
3. Regulation 25 is amended as follows:
(a) by omitting from subregulation (1)(a) "widow
or widower" and substituting "surviving
partner";
(b) by omitting from subregulation (1)(b) "widow
or widower" and substituting "surviving
partner";
(c) by omitting subregulation (2);
(d) by omitting from subregulation (3) "widow or
widower" and substituting "surviving partner";
(e) by omitting from subregulation (4) "widow or
widower" and substituting "surviving partner";
(f) by omitting from subregulation (6) "widow or
widower" and substituting "surviving partner".
4. Regulation 26 is amended as follows:
(a) by omitting from subregulation (2)(a)(i) "the
deceased is survived by a widow or widower"
and substituting "there is a surviving partner";
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2003 Relationships (Consequential No. sch. 1
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(b) by omitting from subregulation (2)(a)(ii) "the
deceased is not survived by a widow or
widower" and substituting "there is no
surviving partner";
(c) by omitting from subregulation (2)(b)(i) "the
deceased is survived by a widow or widower"
and substituting "there is a surviving partner";
(d) by omitting from subregulation (2)(b)(ii) "the
deceased is not survived by a widow or
widower" and substituting "there is no
surviving partner";
(e) by omitting from subregulation (3) "widow or
widower" twice occurring and substituting
"surviving partner".
5. Regulation 28(1) is amended by omitting "widow or
widower" twice occurring and substituting "surviving
partner".
6. Regulation 30 is amended as follows:
(a) by inserting in subregulation (2) "legal" after
"or the";
(b) by omitting from subregulation (4) "widow or
widower" and substituting "surviving partner";
(c) by omitting from subregulation (5) "widow or
widower" and substituting "surviving partner".
7. Regulation 31 is amended as follows:
(a) by omitting from subregulation (2) "widow or
widower" twice occurring and substituting
"surviving partner";
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Amendments)
(b) by omitting from subregulation (4) "widow or
widower" twice occurring and substituting
"surviving partner";
(c) by omitting from subregulation (6) "widow or
widower" and substituting "surviving partner".
8. Regulation 33(2) is amended by omitting "widow or
widower" and substituting "surviving partner".
9. Regulation 44 is amended by omitting "his widow or her
widower" and substituting "his or her surviving partner".
10. Regulation 61 is amended by omitting subregulations
(3) and (4) and substituting the following subregulation:
(3) On the death of a member, a death benefit
is payable to -
(a) the surviving partner of the member; or
(b) if there is no surviving partner, the
person with whom the member was in a
caring relationship which was the
subject of a deed of relationship
registered under Part 2 of the
Relationships Act 2003, which deed was
revoked by the death of the member; or
(c) if there is no person referred to in
paragraph (a) or (b), the legal personal
representative of the member, subject to
the production of grant of probate or
letters of administration.
11. Regulation 66 is amended by omitting "widow or her
widower" and substituting "or her surviving partner".
12. Regulation 78(1) is amended by omitting "widow or
widower" from paragraph (c) of the definition of "relevant
person" and substituting "surviving partner".
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2003 Relationships (Consequential No. sch. 1
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13. Regulation 82(2) is amended by omitting "or de facto
spouse".
14. Regulation 84(1) is amended by omitting "widow or
widower" and substituting "surviving partner".
Rural Adjustment Act 1995
1. Section 3(1) is amended as follows:
(a) by omitting "section 6." from the definition of
"Scheme" and substituting "section 6;";
(b) by inserting the following definition after the
definition of "Scheme":
"spouse", in relation to a person,
includes the person who is in a
significant relationship, within the
meaning of the Relationships Act
2003, with that person.
Solicitor-General Act 1983
1. Section 3(1) is amended as follows:
(a) by inserting the following definition after the
definition of "Secretary":
"spouse" includes the person with
whom a person is, or was at the
time of his or her death, in a
significant relationship, within the
meaning of the Relationships Act
2003;
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Amendments)
(b) by omitting the definitions of "widow" and
"widower".
2. Section 9C is amended by omitting ", his widow or her
widower" and substituting "or his or her spouse".
3. Schedule 1 is amended as follows:
(a) by omitting from clause 3(1) "widow or her
widower" and substituting "or her spouse";
(b) by omitting subclause (2) from clause 3 and
substituting the following subclause:
(2) Where a former Solicitor-General
who has become entitled to a pension under
clause 2 dies, his or her spouse, if the marriage
or significant relationship, within the meaning
of the Relationships Act 2003, existed at the
time when the former Solicitor-General
became so entitled, becomes entitled to a
pension referred to in subclause (3).
(c) by omitting from clause 3(3) "widow or
widower" and substituting "spouse";
(d) by omitting from clause 7(1)(b) "widow" and
substituting "spouse";
(e) by omitting from clause 7A "his widow" and
substituting "that spouse";
(f) by omitting from clause 9 "widow or her
widower" and substituting "or her spouse".
State Service Regulations 2001
1. Regulation 3(1) is amended as follows:
64
2003 Relationships (Consequential No. sch. 1
Amendments)
(a) by omitting "husband or wife" from paragraph
(a) of the definition of "relative" and
substituting "spouse";
(b) by inserting the following paragraph after
paragraph (b) in the definition of "relative":
(ba) a person who is in a caring
relationship, within the meaning
of the Relationships Act 2003, with
the employee;
(c) by inserting the following definition after the
definition of "relative":
"spouse", in relation to a person,
includes the person who is in a
significant relationship, within the
meaning of the Relationships Act
2003, with that person;
2. Regulation 29(9) is amended by omitting "married
studentship holder" and substituting "studentship holder
who is married or in a significant relationship, within the
meaning of the Relationships Act 2003,".
Status of Children Act 1974
1. Section 10C is amended as follows:
(a) by omitting subsection (1) and substituting the
following subsections:
(1) Where a woman who is married or in
a significant relationship, within the meaning
of the Relationships Act 2003, with a man,
with the consent of her husband or the other
party to that relationship, undergoes a
65
sch. 1 No. Relationships (Consequential 2003
Amendments)
fertilization procedure as a result of which she
becomes pregnant, the husband or other party
is, for the purposes of the law of the State, to
be treated as if he were the father of any child
born as a result of that pregnancy.
(1A) Where a woman is in a significant
relationship, within the meaning of the
Relationships Act 2003, with another woman
and, with the consent of that other woman,
undergoes a fertilization procedure as a result
of which she becomes pregnant, the consenting
woman is, for the purposes of the law of the
State, to be treated as if she were a parent of
any child born as a result of that pregnancy.
(b) by inserting in subsection (2) "or her partner
in a significant relationship, within the
meaning of the Relationships Act 2003" after
"husband";
(c) by omitting subsection (3) and substituting the
following subsection:
(3) Where a woman who is married or in
a significant relationship, within the meaning
of the Relationships Act 2003, undergoes a
fertilization procedure as a result of which she
becomes pregnant and the ovum used for the
purposes of the fertilization procedure was
taken from another woman, the first-
mentioned woman shall, for the purposes of
the law of the State, be treated as if she were
the mother of any child born as a result of that
pregnancy.
(d) by omitting from subsection (5) "subsection
(1)" and substituting "subsection (1) or (1A)";
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2003 Relationships (Consequential No. sch. 1
Amendments)
(e) by inserting in subsection (5) "or other party to
the significant relationship" after "husband";
(f) by omitting from subsection (5) "in respect of
his wife";
(g) by omitting subsection (6).
Substandard Housing Control Act 1973
1. Section 18 is amended as follows:
(a) by inserting in subsection (1)(c) "or partner"
after "spouse";
(b) by inserting in subsection (1)(c) "or partners"
after "spouses";
(c) by inserting the following subsection after
subsection (1):
(1A) For the purpose of subsection (1)(c),
"partner" means the person with whom a
person is in a personal relationship, within the
meaning of the Relationships Act 2003.
Supreme Court Act 1887
1. Section 1 is amended by inserting after the definition of
"Secretary" the following definition:
"spouse" includes the person with whom a person
is, or was at the time of his or her death, in a
significant relationship, within the meaning of
the Relationships Act 2003;
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sch. 1 No. Relationships (Consequential 2003
Amendments)
2. Section 8B is amended by omitting "judge, his widow or
her widower" and substituting "judge or his or her spouse".
Supreme Court Act 1959
1. Section 3 is amended by inserting after the definition of
"Secretary" the following definition:
"spouse" includes the person with whom a person
is, or was at the time of his or her death, in a
significant relationship, within the meaning of
the Relationships Act 2003;
2. Section 4AC is amended by omitting "Master, his widow
or her widower" and substituting "Master or his or her
spouse".
Tasmanian Development Act 1983
1. Section 43 is repealed and the following section is
substituted:
Loans to directors, &c.
43. (1) TDR shall not, whether directly or indirectly,
make a loan to -
(a) a director or the spouse or partner of a
director; or
(b) a company, where a director or the
spouse or partner of a director has, or
both of them have, a direct or indirect
beneficial interest in shares in the
company, the nominal value of which is
not less than 10 per cent of the nominal
68
2003 Relationships (Consequential No. sch. 1
Amendments)
value of the issued share capital of the
company.
(2) In this section, "partner" means the
person with whom a director is in a personal
relationship, within the meaning of the
Relationships Act 2003.
Tasmanian Development Regulations 2002
1. Regulation 3 is amended as follows:
(a) by omitting "regulation 5." from the definition
of "material personal interest" and
substituting "regulation 5;";
(b) by inserting the following definition after the
definition of "material personal interest":
"relative" includes the person with
whom a person is in a personal
relationship, within the meaning
of the Relationships Act 2003.
Testator's Family Maintenance Act 1912
1. Section 2 is amended as follows:
(a) by inserting the following definition after the
definition of "Court" in subsection (1):
"spouse" includes the person with
whom a person is, or was at the
time of his or her death, in a
significant relationship, within the
69
sch. 1 No. Relationships (Consequential 2003
Amendments)
meaning of the Relationships Act
2003;
(b) by omitting the definition of "de facto spouse"
from subsection (1);
(c) by omitting the definition of "stepchild" from
subsection (1) and substituting the following
definition:
"stepchild" means, in relation to a
person, a child of that person's
spouse by a former marriage or
significant relationship, within the
meaning of the Relationships Act
2003;
(d) by omitting the definition of "widow" from
subsection (1);
(e) by omitting subsections (3), (4) and (5).
2. Section 3A is amended as follows:
(a) by omitting from paragraph (a) "widow" and
substituting "spouse";
(b) by omitting from paragraph (c) "widow" and
substituting "spouse";
(c) by omitting paragraph (e) and substituting the
following paragraph:
(e) A person whose significant
relationship, within the meaning
of the Relationships Act 2003, with
the deceased person had ceased
before the date of the death of the
deceased person and who was
receiving or entitled to receive
maintenance from the deceased
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2003 Relationships (Consequential No. sch. 1
Amendments)
person whether pursuant to an
order of a court or to an agreement
or otherwise.
3. Section 9(4) is amended as follows:
(a) by omitting "a woman who is the widow" and
substituting "the spouse";
(b) by omitting "widow notwithstanding that she
may, at any time after the making of the
order, remarry" and substituting "spouse
notwithstanding that he or she may, at any
time after the making of the order, remarry or
enter into a significant relationship, within the
meaning of the Relationships Act 2003".
Timber Promotion Act 1970
1. Section 5 is amended by omitting subsection (5) and
substituting the following subsection:
(5) In the case of a member of the Board who
has a spouse or who is in a personal relationship,
within the meaning of the Relationships Act 2003, a
pecuniary interest of the spouse or the other party to
the personal relationship is taken for the purposes of
this section to be a pecuniary interest of the member
if the interest is known to that member.
Trustee Act 1898
1. Section 4 is amended by inserting after the definition of
"shares" the following definition:
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sch. 1 No. Relationships (Consequential 2003
Amendments)
"spouse", in relation to a person, includes the
person who is in a significant relationship,
within the meaning of the Relationships Act
2003, with that person;
2. Section 30(1)(b) is amended as follows:
(a) by omitting from subparagraph (i) "wife or
husband" and substituting "spouse";
(b) by omitting from subparagraph (ii) "wife or
husband" and substituting "spouse".
Vocational Education and Training Act 1994
1. Section 71(3) is amended as follows:
(a) by omitting ", de facto spouse," from paragraph
(a) of the definition of "member of a person's
family" and substituting ", partner,";
(b) by omitting "sister." from paragraph (b) of the
definition of "member of a person's family" and
substituting "sister;";
(c) by inserting the following definition after the
definition of "member of a person's family":
"partner" means the person with whom
a person is in a personal
relationship, within the meaning
of the Relationships Act 2003.
War Service Land Settlement Act 1950
1. Section 3 is amended as follows:
72
2003 Relationships (Consequential No. sch. 1
Amendments)
(a) by inserting the following definition after the
definition of "Board":
"caring partner", in relation to a
person, means the person with
whom the person is, or was at the
time of his or her death, in a
caring relationship, within the
meaning of the Relationships Act
2003;
(b) by inserting the following definition after the
definition of "register":
"spouse" includes the person with
whom a person is, or was at the
time of his or her death, in a
significant relationship, within the
meaning of the Relationships Act
2003;
2. Section 22(4) is amended as follows:
(a) by omitting from paragraph (a) "widow or
widower" and substituting "spouse or caring
partner";
(b) by omitting from paragraph (b) "wife or
husband" and substituting "spouse, caring
partner";
(c) by omitting from paragraph (d)(i) "wife or
husband" and substituting "spouse, caring
partner".
3. Section 31(1) is amended by omitting "widow or
widower" and substituting "spouse, caring partner".
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Amendments)
Wills Act 1992
1. Section 3 is amended by inserting after the definition of
"rules" the following definition:
"spouse", in relation to a person, includes the
person who is in a significant relationship,
within the meaning of the Relationships Act
2003, with that person;
2. Section 14 is amended by omitting "wife or husband"
and substituting "spouse".
3. Sections 18, 19 and 20 are repealed and the following
sections are substituted:
Automatic revocation of will
18. A will is revoked by -
(a) the marriage of the testator; or
(b) the registration of a deed of relationship
under Part 2 of the Relationships Act
2003 to which the testator is a party -
unless the will is made in exercise of a power of
appointment when the real or personal estate
appointed in the will would not, in default of that
appointment, pass to the executor or administrator
of the testator.
Will made in contemplation of marriage or
personal relationship
19. (1) Notwithstanding section 18, a will is not
revoked by a marriage of the testator if -
(a) the will is expressed to be made in
contemplation of that marriage; or
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2003 Relationships (Consequential No. sch. 1
Amendments)
(b) it appears from the terms of the will, or
from those terms taken in conjunction
with the circumstances existing at the
time of the making of the will, that the
testator had in contemplation that he or
she would or might marry and intended
the disposition made in the will to take
effect in the event of the marriage so
contemplated.
(2) Notwithstanding section 18, a will is not
revoked by the registration by the testator of a deed
of relationship under Part 2 of the Relationships Act
2003 to which the testator is a party if -
(a) the will is expressed to be made in
contemplation of the registration of that
deed; or
(b) it appears from the terms of the will, or
from those terms taken in conjunction
with the circumstances existing at the
time of the making of the will, that the
testator had in contemplation that he or
she would or might register a deed of
relationship and intended the
disposition made in the will to take
effect in the event of the registration so
contemplated.
Revocation of will by dissolution of marriage
or personal relationship
20. (1) Where a marriage is dissolved, a will made
by a party to the marriage is revoked on the
dissolution of that marriage.
(2) Where a deed of relationship registered
under Part 2 of the Relationships Act 2003 is
75
sch. 1 No. Relationships (Consequential 2003
Amendments)
revoked under that Part, a will made by a party to
the deed is revoked on the revocation of that deed.
4. Section 21 is amended as follows:
(a) by inserting the following subsection after
subsection (1):
(1A) Notwithstanding section 20, a will
is not revoked by the revocation of a deed of
relationship under Part 2 of the Relationships
Act 2003, to which the testator is a party, if -
(a) the will expressly negatives the
operation of section 20; or
(b) the will is expressed to be made in
contemplation of that revocation;
or
(c) it appears from the terms of the
will, or from those terms taken in
conjunction with the
circumstances existing at the time
of the making of the will, that the
testator had in contemplation that
the deed of relationship would or
might be revoked.
(b) by omitting from subsection (2) "subsection
(1)" and substituting "subsection (1) or (1A)";
(c) by inserting in subsection (2) "or revocation of
deed of relationship" after "marriage".
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2003 Relationships (Consequential No. sch. 1
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Witness Protection Act 2000
1. Section 3 is amended by inserting after the definition of
"complementary witness protection law" the following
definition:
"member of the family", in relation to a witness,
includes the person with whom the witness is
in a personal relationship, within the meaning
of the Relationships Act 2003;
Workers' (Occupational Diseases) Relief Fund
Act 1954
1. Section 3(1) is amended as follows:
(a) by inserting the following definition after the
definition of "Board":
"caring partner", in relation to a
person, means the person who is
in a caring relationship, within the
meaning of the Relationships Act
2003, with that person;
(b) by omitting "wife, husband," from the
definition of "member of the family" and
substituting "spouse, caring partner,";
(c) by inserting the following definition after the
definition of "Secretary":
"spouse", in relation to a person,
includes the person who is in a
significant relationship, within the
meaning of the Relationships Act
2003, with that person;
77
sch. 1 No. Relationships (Consequential 2003
Amendments)
2. Section 44(1) is amended by omitting "wife" and
substituting "spouse".
Workers Rehabilitation and Compensation Act
1988
1. Section 3(1) is amended as follows:
(a) by inserting the following definition after the
definition of "Board":
"caring partner", in relation to a
person, means -
(a) the person who is in a caring
relationship with that
person which is the subject
of a deed of relationship
registered under Part 2 of
the Relationships Act 2003;
or
(b) the person who was, at the
time of the death of the first-
mentioned person, in a
caring relationship with that
person which was the
subject of a deed of
relationship registered
under Part 2 of the
Relationships Act 2003;
(b) by omitting the definition of "de facto spouse";
(c) by omitting "wife or husband, de facto spouse,"
from paragraph (a) of the definition of
"member of the family" and substituting
"spouse, caring partner,";
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2003 Relationships (Consequential No. sch. 1
Amendments)
(d) by inserting the following definition after the
definition of "specialized insurer":
"spouse" includes the person with
whom a person is, or was at the
time of his or her death, in a
significant relationship, within the
meaning of the Relationships Act
2003;
2. Section 65 is amended as follows:
(a) by inserting the following definition after the
definition of "child":
"dependent caring partner" means a
caring partner who is a dependant;
(b) by omitting "spouse, or a de facto spouse," from
the definition of "dependent spouse" and
substituting "spouse".
3. Section 67(2) is amended as follows:
(a) by inserting in paragraph (a) "or wholly
dependent caring partner" after "dependent
spouse";
(b) by inserting in paragraph (a) "or partner" after
"the spouse";
(c) by inserting in paragraph (b) "or partially
dependent caring partner" after "dependent
spouse";
(d) by inserting in paragraph (b) "or partner" after
"the spouse";
(e) by inserting in paragraph (c) "or dependent
caring partner" after "spouse";
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sch. 1 No. Relationships (Consequential 2003
Amendments)
(f) by inserting in paragraph (d) "or dependent
caring partner" after "spouse".
4. Section 67A is amended as follows:
(a) by inserting in subsection (1)(a) "or caring
partner" after "spouse";
(b) by inserting in subsection (3) "or dependent
caring partner" after "spouse";
(c) by inserting in subsection (4) "or caring
partner" after "spouse".
5. Section 68A is repealed.
80 Government Printer, Tasmania