Relationships (Fees) Regulations 2019

The Regulations rely on a small number of interlocking concepts: prescribed fee, fee unit, conversion mechanism, the Relationships Register processes listed in the Relationships Act 2008, and statutory commencement and revocation mechanics. The instrument defines the Act as the Relationships Act 2008 (reg 5), and then cross-references specific provisions in the Act when prescribing fees: s 7(c) (application to register a registrable domestic relationship or registrable caring relationship) is the target of reg 6; s 12(3)(b) (application to revoke registration) is the target of reg 7; s 19(6) (adding registrable information) is the target of reg 8; s 21(2)(b) (application for a search) is the target of reg 9; and s 22(1) (issue of a certificate certifying the results of a search) is the target of reg 10. Those cross-references demonstrate that the Regulations do not create new processes; they attach monetary prescriptions to existing processes under the Act.

The Regulations operate via fee units rather than fixed dollars. The explanatory details state that fee units are within the meaning of the Monetary Units Act 2004 and that section 7 of that Act is the mechanism for calculating the dollar amount by multiplying the number of fee units by the value of a fee unit for the relevant financial year. The explanatory details further explain that the Treasurer fixes the fee unit value each financial year under section 5 of the Monetary Units Act 2004 and that the value must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. For the financial year commencing 1 July 2021, the value of a fee unit was $15.03 and the calculated fee may be rounded to the nearest 10 cents (explanatory details). That interlock of instruments means that the Regulations delegate dollar determination to the annual process under the Monetary Units Act 2004.

Several interpretive points form part of the statutory material appended to the Regulations. The endnotes reproduce material from the Interpretation of Legislation Act 1984 explaining that headings, examples, punctuation and provision numbers form part of the Statutory Rule for instruments made on or after 1 January 2001. While not changing fee substance, those interpretative rules affect how the instrument will be read and cited. The Regulations also provide for their own termination mechanics relative to the Subordinate Legislation Act 1994 with the 10-year sunset noted in the endnotes, creating a fixed legislated expiry unless renewed.

Finally, the instrument is express about the instruments it replaces. Reg 4 revokes the 2009 Regulations, and the Table of Amendments identifies the 2022 amending instrument that altered reg 10. The Regulations therefore sit in a simple framework: the Relationships Act supplies the procedural and registrar functions; the Monetary Units Act supplies the value conversion; these Regulations supply the fee unit quantities that, when multiplied by the fee unit value, yield the dollar prices payable for discrete registration and record-related acts.

The Regulations allocate direct monetary obligations to people or entities who use particular statutory services under the Relationships Act 2008. The most direct parties affected are applicants to the Relationships Register procedures listed in regs 6 to 10. Specifically, anyone who seeks to register a registrable domestic relationship or registrable caring relationship under s 7(c) of the Act will face the prescribed fee of 15.4 fee units (reg 6). Anyone who applies to revoke the registration of a registered relationship under s 12(3)(b) will face 5.18 fee units (reg 7). Anyone who applies to add registrable information to an entry in the Relationships Register under s 19(6) will face 5.18 fee units (reg 8). Anyone who applies for a search of the Relationships Register under s 21(2)(b) faces no fee for the search itself, the prescribed fee being nil (reg 9). Anyone who requests the issue of a certificate certifying the results of a search under s 22(1) will face 3.42 fee units (reg 10, as amended by S.R. No. 11/2022).

These fee recipients typically will be private individuals or entities initiating administrative actions under the Act. The Regulations do not create exemptions or concession schemes within their text; they prescribe only the base quantum for each listed action. The explanatory details show how the fees translate into dollars via the Monetary Units Act 2004 and how the Treasurer’s annual setting of the fee unit value can change the dollar burden across financial years. That means the same fee unit charge will impose different dollar burdens over time as the Treasurer fixes new fee unit values.

Indirectly affected parties include registrars, public servants and agencies responsible for collecting and accounting for the fees. Because the Regulations prescribe fees in fee units and rely on the Treasurer’s annual value-setting, registry administrators will need to ensure their forms, payment platforms and accounting systems compute and accept the correct dollar amounts for the active financial year. The explanatory details require the value of the fee unit to be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. That publication requirement imposes an information duty on the Treasurer and an operational dependency for registry staff and applicants to obtain the correct conversion factor.

The abolition of fees for searches (reg 9) and the existence of a separate certificate fee (reg 10) affect users’ choices as to whether they obtain a free search result or pay for a certified hard copy or official certificate. That distribution of costs changes the attractiveness of particular routes for obtaining register information. The 10-year statutory sunset recorded in the endnotes means those affected should note that the Regulations will expire on 10 September 2029 unless a replacement or continuation instrument intervenes; that timing is relevant to long-term budgeting by both individuals and registry administrators.

The Regulations create no comprehensive new regulatory duties beyond prescribing payment amounts. The principal obligations are monetary: where a fee is prescribed for an application or certificate, the applicant is required to pay that fee as the procedural price of undertaking the statutory act under the Relationships Act 2008. The Regulations identify the applicable Act sections for each fee, for example s 7(c) for registration applications (reg 6) and s 22(1) for certificates (reg 10). By specifying the fee as a number of fee units, the Regulations impose a duty on applicants and registry administrators to convert fee units to dollars using the mechanism in the Monetary Units Act 2004. The explanatory details explicitly state that the amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units by the value of a fee unit (explanatory details).

An operational duty arises for registrars and administrative officers to apply the correct fee unit value for the relevant financial year. The explanatory details require the Treasurer to fix the value of a fee unit for a financial year under section 5 of the Monetary Units Act 2004 and to publish that value in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. That timing creates an administrative timeline: registry systems must update pricing and advice to applicants after the Treasurer’s publication and before the start of the relevant financial year to comply with the conversion mechanism.

On the rights side, applicants retain the statutory procedural rights granted by the Relationships Act 2008 for the actions to which the fees attach. The Regulations do not alter those procedural rights; they merely require payment for the exercise of some of them. For searches, the prescribed fee is nil (reg 9), which effectively removes a monetary barrier to conducting a search; however, the certificate for the search results carries a fee (reg 10). Therefore, applicants have the right to access the register through a free search but must pay to obtain certified evidence of that search result. The Regulations do not create or identify any waiver, concession or exemption within their text. Any rights to waive fees or apply concessions must therefore arise under the Relationships Act 2008 or other instruments; the Regulations do not themselves supply waiving powers.

The Regulations do not specify who must collect or remit fees; that operational detail will be found in administrative directions, the Relationships Act or registrar practice. The instrument does not create offences or penalties; the presence or absence of enforcement mechanisms for non-payment will therefore depend on the Relationships Act or administrative practice. The duty to calculate fees correctly is shaped by the Monetary Units Act requirement to multiply fee units by the value for the financial year and to round to the nearest 10 cents (explanatory details). That rounding rule is an express numerical compliance requirement.

The Regulations themselves do not create criminal offences, administrative penalties, or explicit enforcement procedures. They supply monetary prescriptions that will be enforced in practice by the registrar and the administrative infrastructure of the Relationships Register, but any sanctions for non-payment, or any procedural consequences of failing to include payment with an application, must be sought in the Relationships Act 2008 or in the administrative practice directions of the registrar. The Regulations are made under s 71 of the Relationships Act 2008 (reg 2), and they reference specific Act provisions as the operative contexts for fees, but they do not replicate or restate any enforcement clauses. Accordingly, the Regulations are silent on enforcement mechanics.

Where the Regulations require conversion of fee units to dollars, the explanatory details specify method and rounding (section 7 of the Monetary Units Act 2004 and rounding to the nearest 10 cents). Failure to follow that conversion method could produce an incorrect payment amount, but the Regulations do not specify the consequences of underpayment or overpayment. Practical enforcement measures, such as refusal to accept an application that is not accompanied by the correct fee or refund procedures for overpayment, are matters for the Relationships Act 2008, the registrar’s published procedures, or other administrative instruments.

The absence of penalties or enforcement detail within the Regulations shifts the compliance and enforcement burden to the Act and the administering agency. Practitioners should therefore cross-check the Relationships Act and registrar practice statements to identify statutory consequences of non-payment, whether that is a rejection of the application, suspension of processing, or a requirement to rectify payment within a specified time. The endnotes and explanatory details included in the Regulations do not suggest any additional penalty mechanisms.

There is, in the text of the Regulations, a requirement on the Treasurer to publish the fee unit value in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year (explanatory details). That publication requirement is an administrative duty on the Treasurer. The explanatory details do not provide enforcement mechanisms for a failure to publish, and the Regulations do not create express recourse for applicants if the Treasurer does not comply with the publication timetable. In short, the Regulations set out the fee structure and the conversion mechanics but leave enforcement and sanction architecture to the underlying Act and to administrative practice.

The Regulations are explicitly interdependent with several other statutes and legislative instruments. First, they are made under s 71 of the Relationships Act 2008 and attach to discrete sections of that Act. The Regulations prescribe fees "for the purposes of" particular Act provisions , reg 6 cites s 7(c), reg 7 cites s 12(3)(b), reg 8 cites s 19(6), reg 9 cites s 21(2)(b), and reg 10 cites s 22(1). Therefore, these Regulations form a subordinate financial layer that enables and constrains the operation of the Relationships Act’s registration, revocation, addition and search processes.

Second, the Regulations operate by reference to fee units within the meaning of the Monetary Units Act 2004. The explanatory details instruct that the fee amount is calculated under section 7 of that Act by multiplying the number of fee units by the value of a fee unit, and that the Treasurer fixes the value under section 5 of the Monetary Units Act 2004. The explanatory details also record a specific value for a given financial year , $15.03 for the year commencing 1 July 2021 , and allow rounding to the nearest 10 cents. This linkage means that the Regulations’ practical dollar impact depends directly on an annual executive determination made under the Monetary Units Act 2004 and published in the Government Gazette and a Victorian newspaper before 1 June.

Third, the endnotes note that the Regulations will sunset 10 years after the day of making under section 5 of the Subordinate Legislation Act 1994. That statutory expiry interacts with the lifecycle rules for subordinate instruments. Practitioners and administrators must therefore treat these Regulations as time-limited and either expect a replacement instrument or expiry on 10 September 2029. The revocation provision (reg 4) also interacts with prior subordinate legislation by formally repealing the Relationships (Fees) Regulations 2009. Where transitional provisions or other instruments exist to govern matters arising from that revocation, those are not included in the text; the practitioner will need to consult the Relationships Act and any transitional regulations.

Fourth, the endnotes reproduce interpretative guidance from the Interpretation of Legislation Act 1984 concerning headings, examples, punctuation and provision numbers becoming part of the Statutory Rule for instruments made on or after 1 January 2001. That interpretative regime affects how the Regulations are read and how their content will be applied in conjunction with the Act and other subordinate instruments.

Operationally, the Regulations therefore sit at the intersection of (a) the Relationships Act which supplies the substantive processes and likely enforcement mechanisms; (b) the Monetary Units Act 2004 which supplies the numeric conversion and executive control over fee unit value; (c) the Subordinate Legislation Act 1994 which supplies sunset mechanics; and (d) the Interpretation of Legislation Act 1984 which shapes how the instrument is interpreted. Any change to those adjoining statutes , for example a change in the Monetary Units Act process or the Treasurer’s fixed fee unit value , will change the dollar significance of the fees without any amendment to these Regulations.

The Regulations were made on 10 September 2019 and commenced on 21 September 2019 (reg 3; endnotes). They revoked the earlier Relationships (Fees) Regulations 2009 (reg 4). The version provided incorporates amendments as at 1 March 2022. The Table of Amendments records the Relationships (Fees) Amendment Regulations 2022, S.R. No. 11/2022, which was made on 15 February 2022 and commenced 1 March 2022 (Table of Amendments). The explanatory material accompanying the Table of Amendments records that reg 10 was amended by S.R. No. 11/2022 reg 4. The version number given at the head of the document is Version No. 002, with the version incorporating amendments as at 1 March 2022 noted.

The endnotes also indicate that this version does not contain amendments that are not yet in operation (section 3, Amendments Not in Operation). The explanatory details provide the operative interaction with the Monetary Units Act 2004 and record the specific value of the fee unit for the financial year commencing 1 July 2021 as $15.03, and permit rounding to the nearest 10 cents. Those explanatory details are appended to the Statutory Rule and form part of the published instrument, though the explanatory memorandum and other material printed after the endnotes do not form part of the Statutory Rule as per the Interpretation of Legislation Act 1984 guidance in the endnotes.

Practitioners should note that the specific dollar amounts attached to the fee unit numbers in regs 6 to 10 will vary automatically as the Treasurer sets new fee unit values each financial year under the Monetary Units Act 2004. That means the Regulations embed a form of annual automatic updating through the fee unit mechanism, and the 2022 amendment to reg 10 is an example of a discrete amendment to the quantum in fee units rather than to the conversion mechanism. The instrument’s sunset provision under the Subordinate Legislation Act 1994 will take effect on 10 September 2029 unless there is further subordinate or primary legislation to alter that outcome.

The Regulations as printed contain no judiciary references and record no litigation history. The document’s endnotes and table of provisions do not identify any cases, judicial interpretations, or appeals concerning the Regulations. There are no named cases within the text, and the explanatory details do not cite any court authority. Accordingly, there is no litigation history recorded in this instrument.

That absence does not mean that disputes cannot arise about the operation of fees in practice. If issues arise about fee calculation, rounding, failure to publish a fee unit value on time, or the consequences of non-payment for applications under the Relationships Act 2008, those controversies would be litigated under the Relationships Act, the Monetary Units Act 2004, or administrative law principles. The Regulations themselves do not identify dispute resolution mechanisms or judicial pathways. Practitioners seeking precedent or judicial interpretation should look to decisions interpreting the Relationships Act 2008, the Monetary Units Act 2004, or cases concerning fees under other subordinate rules for guidance; that said, no such authorities are cited in this Regulation text.

Because the Regulations refer to external Acts for conversion and for the Act processes to which they attach, disputes about the meaning or effect of the Regulations may involve interpreting cross-references, conversion mechanics, and the timing of the Treasurer’s publication of fee unit values. Any litigation addressing those points would likely consider the statutory text of the Monetary Units Act 2004 and the Relationships Act 2008. The Regulations themselves do not record any past litigation nor append judicial commentary.

Several practical and legal pitfalls arise directly from the structure and text of the Regulations.

1. Fee units not dollars. The Regulations prescribe fee quantum in fee units, not dollar amounts (regs 6-10). Practitioners must not quote the fee as a dollar figure without first checking the value of the fee unit for the relevant financial year and applying the multiplication and rounding rules set out by the Monetary Units Act 2004 (explanatory details). Using an out-of-date fee unit value will produce incorrect fee demands.

2. Annual executive change to dollar burden. The Treasurer fixes the fee unit value each financial year under the Monetary Units Act 2004 (explanatory details). That means the dollar cost of the same fee unit figure will vary across years. If an organisation budgets using a static dollar figure, it will face variability unless it indexes to the Treasurer’s published fee unit value.

3. Publication timing requirement. The explanatory details require the Treasurer to publish the fee unit value in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year (explanatory details). If the Treasurer’s publication is delayed or overlooked by practitioners, there is a timing risk for computing fees applicable from 1 July. The Regulations contain no express remedy for a failure to publish on time.

4. Rounding rule. The explanatory details permit rounding to the nearest 10 cents when calculating the fee (explanatory details). Practitioners must implement that rounding rule; failure to round as prescribed will lead to non-standard fee amounts and potential accounting mismatches.

5. Nil fee for searches but fee for certificate. Reg 9 prescribes nil for an application for a search of the Relationships Register, while reg 10 prescribes a fee for issuing a certificate certifying a search result. Users may expect free access to the register, but if they require a formal certificate, a fee applies. Administrative forms and guidance must communicate this split clearly to avoid user confusion.

6. No waiver or concession within the Regulations. The instrument does not provide fee waivers, reductions or concession criteria. If fee exemptions exist, they must be located in the Relationships Act or elsewhere. Practitioners should not assume automatic concessions because none are stated here.

7. No enforcement detail in the Regulations. The Regulations do not state what happens on underpayment or overpayment. The consequences of non-payment will be driven by the Relationships Act administration or separate registrar policy. That absence creates operational uncertainty and requires cross-referencing the primary Act and registrar procedures.

8. Revocation and transitional detail. Reg 4 revokes the 2009 Regulations but the text provides no transitional arrangements. If applications straddle the revocation or amendment dates, practitioners must consult the Relationships Act or administrative guidance to determine which fee applies and whether transitional provisions affect payment or refunds.

9. Sunset date. The endnotes record a sunset on 10 September 2029 under the Subordinate Legislation Act 1994. Practitioners with long-term systems must monitor the instrument’s lifecycle; absence of a replacement or extension would remove these fee prescriptions on expiry.

10. Amendment crystallises obligations in fee units. The 2022 amendment altered reg 10 in fee units (Table of Amendments). Future amendments may change fee units in a similar manner. Administrators must track amending instruments and update systems accordingly.

In short, the main operational risk is miscalculating the dollar amount because of ignorance of the fee unit value for the financial year and the rounding rule. Administratively, the split between free searches and paid certificates, the lack of internal waiver mechanisms in the Regulations, and the absence of enforcement directions are the primary "gotchas" that practitioners should anticipate.

A practical compliance checklist grounded in the Regulations and their explanatory details follows. The Regulations prescribe fee quantum only in fee units, and the Monetary Units Act 2004 governs conversion to dollar amounts. Compliance therefore requires attention to both instruments and to the relevant administrative guidance of the Relationships Register.

1. Identify the statutory act you are undertaking. Match the action to the relevant Regulation:

   • Application to register a registrable domestic relationship or registrable caring relationship: reg 6 (15.4 fee units).
   • Application to revoke registration of a registered relationship: reg 7 (5.18 fee units).
   • Application to add registrable information to an entry: reg 8 (5.18 fee units).
   • Application for a search of the Relationships Register: reg 9 (nil).
   • Application for issue of a certificate certifying search results: reg 10 (3.42 fee units).

2. Obtain the current value of a fee unit. The explanatory details require the Treasurer to fix the value of a fee unit for the financial year under section 5 of the Monetary Units Act 2004 and to publish it in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Check the Government Gazette and the Treasurer’s announcements for the relevant financial year to obtain the current fee unit value. For example, the explanatory details record $15.03 as the fee unit value for the financial year commencing 1 July 2021; do not assume that value applies in other years.

3. Convert fee units to dollars. Multiply the prescribed number of fee units by the value of a fee unit as fixed for the relevant financial year, in accordance with section 7 of the Monetary Units Act 2004 as cited in the explanatory details. Apply rounding to the nearest 10 cents when completing the calculation, as permitted in the explanatory details.

4. Apply payment and filing procedures required by the Relationships Register. The Regulations do not detail filing requirements, payment methods, or timing for payment. Check the Relationships Act 2008 and the registrar’s published forms or guidance to determine whether the fee must accompany the application, whether payment can be made online, by cheque or EFT, and how to document the payment.

5. Record-keeping and accounting. Because fees are converted annually by reference to the Treasurer’s fee unit value, maintain a record of the fee unit value used for each transaction and attach it to the application or registry file. This is important for audit trails and for resolving disputes about whether the correct amount was charged.

6. Be aware of the nil search fee and certificate fee split. If you are undertaking a search of the Relationships Register where the statutory process contemplates possible use of a certificate, inform clients that searches are prescribed as nil (reg 9), but obtaining a certified certificate of the search result attracts the fee in reg 10. Prepare clients for that cost and ensure forms allow separate selection for a certified certificate.

7. Monitor amending instruments and expiry. Maintain a process to check for amending statutory rules such as S.R. No. 11/2022 (Table of Amendments) and note the Regulation’s sunset on 10 September 2029 (endnotes). Changes to the fee unit numbers or to the conversion mechanism will require prompt updates to forms and payment processes.

8. Cross-reference the underlying Relationships Act for enforcement and waiver. Because the Regulations do not state consequences for non-payment, and do not provide concession or waiver mechanisms, consult the Relationships Act 2008 and registrar policy for refund rules, waiver powers, and procedural consequences of incorrect payment.

9. Systems implementation. Ensure registry software, online payment portals, and client-facing documents calculate fees by reference to fee units and the correct fee unit value per the applicable financial year. Implement the rounding rule (nearest 10 cents) in any automated calculation.

10. Seek confirmation where uncertainty exists. If there is any doubt about which fee applies, how to convert fee units for a cross-year application, or how rounding applies to compound fees, practitioners should seek a formal confirmation from the registrar or advice under the Relationships Act rather than relying solely on internal interpretation.

Following these steps will align applications and payments with the structure and procedural requirements embedded in the Regulations and the explanatory details.