Relationships Register Act 2016

The Act works from a small set of tightly defined legal concepts. Central terms and their immediate legal effects are:

• Registered relationship, Register and Registrar. A registered relationship is a relationship registered under this Act (s 4). The Registrar to whom functions are given is the Registrar of Births, Deaths and Marriages (s 4). The Registrar must maintain the Relationships Register and include required particulars in each entry (s 15).

• Eligibility and prohibitions. Eligibility requires two adults in a relationship as a couple; at least one must reside in South Australia (s 5(1) and (2)). The Act expressly excludes registration where a party is married under the Commonwealth Marriage Act 1961, already registered under this Act or a corresponding law, in a relationship with someone else, or related by family (s 5(3)). The “related by family” concept is defined to include parent‑child, other descendant relationships, and siblings sharing a parent, and that definition specifically covers adopted children and parentage orders (s 5(4) and (5)).

• Application formality. Applications must be in a Registrar‑approved form and accompany statutory declarations by each person containing specific statements (s 6(1)(a)(i)-(vii)), identity and age evidence (s 6(1)(b)), fees (s 6(1)(c)), and any other prescribed material (s 6(1)(d)). The Registrar has power to request further information necessary to determine an application (s 6(2)).

• Cooling‑off periods. The Act prescribes a cooling‑off period of 28 days for registration applications (s 7(3)), during which the Registrar must not register (s 7(1)), and an applicant may withdraw (s 7(2)). For revocation, there is a 90‑day cooling‑off period (s 11(3)), during which the Registrar must not revoke (s 11(1)).

• Commencement and termination. Registration takes effect when the Registrar makes an entry in the Register (s 9). A registered relationship ends on death or marriage of a person, or when the Registrar enters a revocation (s 13(1)). The Registrar must note ending by death or marriage in the Register (s 13(2)). Section 13A, inserted by later amendment, revokes by force of law certain registered relationships where a party was party to a recognised same‑sex marriage on the recognition day (s 13A).

• Recognition of corresponding law relationships. Regulations may declare a foreign or interstate law to be a corresponding law (s 26). The Act sets out general requirements for a corresponding law (s 26(2)). A corresponding law registered relationship that is not a marriage under the Commonwealth Marriage Act will be taken, for purposes of this Act and any other Act, to be a registered relationship under this Act (s 27(1)), and such persons may apply for a certificate to that effect (s 27(2)-(3)).

• Registrar powers and duties. The Registrar may conduct inquiries to verify application information (s 16), require persons to answer questions and provide information (s 16(2)), correct the Register to reflect findings or reliable information (s 17), control access to the Register and extracted information with regard to nature of interest and sensitivity (s 18(1)-(2)), issue certificates on searches (s 21), and must maintain written access policies (s 23).

• Offences and evidential mechanics. The Act creates offences for failing to comply with an inquiry notice (s 16(3)), making false representations in applications (s 29), forging/falsifying certificates (s 22), and unauthorised access to or interference with the Register (s 30). Certificates issued after search are admissible evidence of the entry and facts recorded (s 21(2)).

These concepts create a statutory status recognised by the Registrar and potentially used by other legal instruments. The Act itself does not list the full range of rights or entitlements that flow from being a registered couple under other laws, but it expressly contemplates interaction with other laws by providing that a registered relationship is to be taken as commencing for the purposes of “this Act and any other Act” (s 9) and by the legislative history that shows consequential amendments to other statutes.

Directly affected persons are two adult individuals who wish to obtain legal recognition of their relationship as a couple by registration. Eligibility is narrow in population terms: both parties must be adults (18 years or older) (s 4 definition of adult), at least one must reside in South Australia (s 5(2)), and the relationship must meet the prohibitions at s 5(3). Those prohibited include persons who are married under the Commonwealth Marriage Act 1961 (s 5(3)(a)), persons already registered under this Act or under a corresponding law as being in a registered relationship (s 5(3)(b)), persons who are in a relationship as a couple with another person (s 5(3)(c)), and persons related by family as defined at s 5(4) and (5).

The Registrar of Births, Deaths and Marriages is a central decision maker and controller of access to the Register (s 4, s 15, s 18). The Registrar decides whether an application satisfies statutory requirements and must register if satisfied and the cooling‑off period has ended (s 8). The Registrar also decides on access requests, whether an applicant has an “adequate reason” for access (s 18(1), s 19), and may require further information or inquiries (s 6(2), s 16).

Agencies, courts, and other statutory bodies that reference “registered relationships” in their own legislation are indirectly affected because the Act creates a recognised status that those laws may treat as a trigger for rights or duties. The legislative history of the Act indicates the principal Act amended other South Australian Acts, including the Births, Deaths and Marriages Registration Act 1996, the Domestic Partners Property Act 1996, the Equal Opportunity Act 1984, and the Wills Act 1936. Those amendments signal that rights and obligations in property, succession and anti‑discrimination contexts may be linked to registration status created or recognised by this Act. The Act also expressly provides that a corresponding law registration, if not a marriage under the Commonwealth Marriage Act, is to be taken as a registered relationship for the purposes of “this Act and any other Act” (s 27(1)). That cross‑jurisdictional recognition affects persons who obtained similar registrations under interstate or foreign schemes declared by regulation to be corresponding laws (s 26-27).

Service providers, employers and third parties who rely on evidence of relationship status also face effects. The Registrar issues certificates following searches which are admissible in legal proceedings as evidence of the entry and facts recorded (s 21(1)-(2)). Organisations seeking Register information must satisfy the Registrar they have an adequate reason and must accept any conditions the Registrar imposes to protect privacy (s 18(1)-(3)). Entities that improperly access or interfere with the Register risk the Act’s criminal sanctions (s 30).

Finally, people who make applications, provide statutory declarations or otherwise participate in Registrar inquiries are subject to criminal penalties for false or misleading representations in documents under this Act (s 29) and higher penalties for forgery or falsification of certificates (s 22). Those potential liabilities extend to persons who attempt to access or manipulate the Register without authority (s 30).

Applicants’ duties are specific and documentary. An application must be in the form approved by the Registrar and must be accompanied by statutory declarations by each person containing a fixed set of statements: that the person wishes to register the relationship, is in a relationship as a couple with the other person, is not married, is not registered under this Act or a corresponding law, is not in a relationship as a couple with any person other than the other applicant, whether they reside in South Australia, and that they are not related to the other applicant by family (s 6(1)(a) items (i)-(vii)). Applicants must supply evidence of identity and age (s 6(1)(b)), pay the prescribed fee (s 6(1)(c) and s 24), and supply any other documents or information required by regulation (s 6(1)(d)). The Registrar may require additional information necessary to determine the application (s 6(2)). Applicants also face the duty to comply with any inquiry notice served under s 16(2), with a penalty for non‑compliance (s 16(3)).

Applicants have rights of withdrawal. A registration applicant may withdraw before registration by giving a withdrawal notice in the approved form (s 7(2)), and a revocation applicant may withdraw before revocation (s 11(2)). The Act prescribes cooling‑off periods,28 days for registration applications (s 7(3)) and 90 days for revocation applications (s 11(3)),during which the Registrar must not complete the registration or revocation (ss 7(1), 11(1)). These cooling‑off rules are procedural protections the Act imposes, but they also shape behaviour by preventing immediate registration or revocation and by providing time for reconsideration.

The Registrar’s duties include maintaining the Register (s 15(1)), including required particulars (s 15(2)), keeping the Register in an appropriate form (s 15(3)), making an entry to register a relationship as soon as practicable after the end of the cooling‑off period if satisfied of eligibility and the application has not been withdrawn (s 8(1)), revoking registrations as soon as practicable after the end of the revocation cooling‑off period if an application has been made and not withdrawn (s 12), and recording endings by death or marriage (s 13(2)). The Registrar must also maintain written access policies and provide them on request (s 23). In access decisions, the Registrar must have regard to the nature of the applicant’s interest, sensitivity of the information, use to be made and other relevant factors, and must protect persons from unjustified intrusion on privacy as far as practicable (s 18(2)-(3); s 20).

Rights to administrative review and judicial processes are available but channelled. A person dissatisfied with a decision of the Registrar may apply to the Magistrates Court for review (s 28(1)), and the Court may confirm, vary or reverse the decision and make consequential orders (s 28(2)). Registrations may be declared void under specified circumstances, and a court may, on its own initiative in proceedings, declare a registration void under s 14 if a question arises as to the registration (s 14(3)). Certificates issued after a Register search are admissible in legal proceedings as evidence of the entry and the facts recorded (s 21(2)), creating a recognised evidentiary pathway for third parties.

Statutory duties and rights interact with regulatory settings. The Governor may make regulations necessary or expedient for the purposes of the Act, including provision for service of notices, penalties up to $1,250 for contravention of regulations, and fixing fees and fee mechanisms (s 31(1)-(2)). The regulations can also declare corresponding laws and set fees for access and services (s 26, s 24). The Registrar has power to remit fees in appropriate cases (s 25).

Finally, there are criminal or pecuniary sanctions attached to specific improper acts: false representations in applications or documents under the Act (maximum $1,250, s 29), forging or falsifying certificates or other documents (maximum $10,000 or imprisonment for 2 years, s 22), unauthorised access to or interference with the Register (maximum $10,000 or imprisonment for 2 years, s 30), and failure to comply with an inquiry notice without reasonable excuse (maximum $1,250, s 16(3)). These penalties calibrate the legal obligations and sanction non‑compliance with the statutory scheme.

The Act specifies a set of criminal and monetary penalties and confers enforcement levers principally through the Registrar’s statutory powers and limited court review. Key offences and penalties are:

• Failure to comply with an inquiry notice. A person required to answer questions or provide information under a Registrar inquiry (s 16(2)) who fails, without reasonable excuse, to comply is guilty of an offence with a maximum penalty of $1,250 (s 16(3)). That penalty is designed to enforce cooperation with administrative verification processes.

• False or misleading representations. A person who makes a false or misleading representation in an application or document under the Act, knowing it to be false or misleading, is guilty of an offence with a maximum penalty of $1,250 (s 29). The statutory declarations that must accompany applications are the primary documents to which this obligation attaches (s 6(1)(a)).

• Falsification and forgery. A person must not forge or falsify a certificate or other document under the Act. The maximum penalty is $10,000 or imprisonment for 2 years (s 22). This is the Act’s most serious document‑integrity offence.

• Unauthorised access and interference with the Register. A person must not, without authority of the Registrar or other lawful authority, obtain access to the Register or its information, make, alter or delete an entry, or otherwise interfere with the Register. The maximum penalty is $10,000 or imprisonment for 2 years (s 30). This provision protects the integrity and confidentiality of the Register and its data.

• Regulatory offences. The Governor may make regulations that impose penalties not exceeding a fine of $1,250 for contravention of a provision of the regulations (s 31(2)(b)). The Act leaves specific operational offences and fees to subordinate regulation.

Enforcement architecture blends administrative action and criminal sanction. The Registrar enforces procedural requirements by refusing registration where statutory conditions are not met (s 8), by conducting inquiries (s 16), by correcting the Register to reflect reliable information (s 17), and by controlling access to the Register and information extracted from it (s 18-20). The Registrar may revoke registrations on application and must note revocations and registrations in the Register (ss 12, 13). For contested administrative decisions, the Act provides a statutory route to the Magistrates Court for review (s 28). The Court may confirm, vary or reverse Registrar decisions and make consequential orders (s 28(2)).

The Act also contemplates judicial involvement in invalidity of registrations. Registration may be void where registration was prohibited at the time of registration, consent was obtained by fraud, duress or other improper means, or a party lacked mental capacity to understand the nature and effect of registration (s 14(1)). If registration is void, the Registrar must note that fact in the Register (s 14(2)). A court may, on its own initiative in the course of proceedings, make an order declaring registration void under s 14 if the court encounters a question as to the registration in adjudicating a matter (s 14(3)). Certificates issued by the Registrar after a search are admissible evidence in legal proceedings of entries and facts recorded (s 21(2)), and falsifying such certificates attracts the highest statutory penalty in the Act (s 22).

Practical enforcement costs arise for applicants and third parties. Fees for access, searches and certificates are to be prescribed by regulation (s 24), and the Registrar may remit fees in appropriate cases (s 25). Administrative compliance costs include preparation of statutory declarations, producing identity and age evidence, and complying with any further informational requests from the Registrar (s 6(1)-(2)). The Act’s criminal offences and penalties create legal risk for non‑compliance with documentary requirements and unauthorised dealings with the Register.

The Act is expressly constructed to interact with other legislation. Two primary mechanisms achieve that interaction.

First, the Act creates a legal status whose temporal boundaries are set by registration entries and revocation entries, and it instructs that a registered relationship is to be taken to commence when the Registrar makes the entry (s 9) and to end on specified events (s 13). The Act therefore supplies a clear evidential and temporal marker that other statutes can reference. The Act’s text repeatedly uses the phrase “for the purposes of this Act and any other Act” in relation to commencement and recognition of registered relationships (s 9, s 27(1)), signalling that other statutes may rely on Register entries to determine eligibility for entitlements, obligations or treatment under those statutes.

Second, the Act directly contemplates cross‑jurisdictional recognition. Regulations may declare a law of another State, Territory or country to be a corresponding law under this Act if that law provides for registration or formal recognition of a relationship and satisfies specified general requirements (s 26). Those general requirements include that the relationship be between two adults, entered into consensually, not between related persons, not by a person who is already married under the Commonwealth Marriage Act 1961, and not by a person already in a registered or formally recognised relationship under that law (s 26(2)(a)-(e). Where a corresponding law registered relationship is not a marriage within the meaning of the Commonwealth Marriage Act 1961, it will be taken to be a registered relationship under this Act for the purposes of this Act and any other Act (s 27(1)). Persons in such corresponding law relationships may apply to the Registrar for a certificate of that effect (s 27(2)-(3)).

The Act explicitly connects to the Commonwealth Marriage Act 1961 by excluding from registration persons who are in unions recognised as marriages under that Commonwealth Act (s 5(3)(a)) and by the related corresponding law requirement that a corresponding law not permit registration by a person who is already in a union recognised as a marriage under the Marriage Act (s 26(2)(d)). Moreover, s 13A,inserted by amendment in 2019 and commencing 1 May 2020,addresses the effect of the Commonwealth Marriage Amendment (Definition and Religious Freedoms) Act 2017, by automatically revoking certain registrations where a party to a registered relationship was party to a “recognised same sex marriage” on the recognition day (s 13A(1)-(3)). That provision ties state‑level registration status to Commonwealth recognition of same‑sex marriages following the 2017 federal amendments and their commencement.

The legislative history shows the principal Act amended various South Australian statutes (Births, Deaths and Marriages Registration Act 1996, Domestic Partners Property Act 1996, Equal Opportunity Act 1984, Wills Act 1936). These amendments indicate the intent that registration should interact with property, succession and anti‑discrimination frameworks. The Act itself does not set out the substance of those interactions, but by making registered relationship status formally ascertainable and admissible as evidence by certificate (s 21(2)), the Act facilitates application of other statutes that condition benefits or obligations on being a partner, domestic partner or spouse equivalent.

Administrative law interaction is also present. Decisions of the Registrar under this Act are subject to review by the Magistrates Court (s 28). The Act gives the Registrar investigative powers (s 16) and correction powers (s 17), and it prescribes access controls (s 18-20) that interface with privacy and information disclosure frameworks. Regulations may further specify service of notices, additional fees, and penalties (s 31).

In short, the Act supplies a registrable status and an administrative record, and it links that status into federal marriage law, interstate and foreign registrations by delegation to regulation, and South Australian statutes that reference registered relationships or similar domestic partnership concepts. The practical legal consequences of registration therefore depend substantially on how other Acts, regulations and agencies use the Register and accept Registrar certificates as evidence, and on the content of subordinate regulations that declare corresponding laws and set fees and access conditions.

The Act as enacted in 2016 and its subsequent amendments are recorded in the legislative history included with the text. Key chronological points are:

• Relationships Register Act 2016, No 67 of 2016, received assent on 15 December 2016 and commenced on 1 August 2017 (Gazette 1.8.2017 p3038). That principal Act established the registration scheme, the Registrar’s powers, offences, and ancillary provisions set out in the text.

• Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019, No 46 of 2019, amended this Act. Section 32 of that amending Act inserted s 13A into the Relationships Register Act. The amendment commenced on 1 May 2020 (Gazette 30.4.2020 p838). Section 13A provides that certain registered relationships existing immediately before the “recognition day” are revoked as of that day if a person in the registered relationship was party to a “recognised same sex marriage” on the recognition day (s 13A(1)-(3)). The amendment thus aligns the Register’s operation to the federal legal developments connected to recognition of same‑sex marriages that were originally dealt with in the Commonwealth Marriage Amendment (Definition and Religious Freedoms) Act 2017 (the Act references Part 5 of Schedule 1 to that Commonwealth Act in s 13A).

• The legislative history record also notes other technical revisions such as omission of now‑unused sections under the Legislation Revision and Publication Act 2002 (for example, s 2 omitted) with a commencement effect on 1 May 2020. The history indicates the principal Act amended existing South Australian statutes, specifically the Births, Deaths and Marriages Registration Act 1996, the Domestic Partners Property Act 1996, the Equal Opportunity Act 1984, and the Wills Act 1936. Those consequential amendments were part of establishing how the registered relationship status would interact with other statutory regimes.

• The Act grants power to the Governor to make regulations (s 31), including declarations of corresponding laws (s 26) and fees (s 24). The content of regulations is therefore central to operational detail such as fees, service of notices, and the list of corresponding laws. The Act’s legislative history indicates that subordinate legislation and consequential amendments were part of the implementation package.

Practical consequences of these amendments are twofold. First, the 2019 amendment inserted a mechanism that automatically revokes certain registrations where a person was party to a Commonwealth‑recognised same‑sex marriage on the recognition day (s 13A). That establishes an ex post change in registration status tied to federal recognition of marriages. Second, the principal Act’s consequential amendments to other South Australian statutes create statutory points where registration will be used as a trigger or as evidence for rights and obligations in property, succession and anti‑discrimination contexts. Users should check the current consolidated Acts and the subordinate regulations for the operative lists of corresponding laws and the current fee schedules because the principal Act delegates those operational items to regulation (s 24, s 26, s 31).

The Act’s text names no judicial decisions. The legislative source does not record cases or litigation under the Act. The Act does, however, build in specific pathways for disputes and judicial declarations that can generate litigation.

First, administrative decisions of the Registrar are reviewable by the Magistrates Court: a person aggrieved by a Registrar decision under the Act may apply to the Magistrates Court for review (s 28(1)). The Court’s jurisdiction on review is broad enough to confirm, vary or reverse the Registrar’s decision and make consequential and ancillary orders and directions (s 28(2)). That statutory review path supplies an ordinary administrative remedy and is effectively the statutorily prescribed litigation gateway for challenges to Registrar decisions under the Act.

Second, the Act contemplates judicial determination of the validity of registrations. Section 14(1) lists grounds on which registration is void (registration prohibited at the time, agreement obtained by fraud, duress or other improper means, or mental incapacity to understand the registration). Section 14(3) expressly provides that a court may, on its own initiative in proceedings, make an order declaring the registration void by operation of that section if a question arises in proceedings as to the registration. That provision enables courts confronting substantive disputes in other proceedings to determine and declare the legal status of a registration without a separate standalone action solely under this Act. It therefore creates a mechanism by which registration validity can be litigated in the course of secondary proceedings.

Third, evidentiary mechanics in the Act are litigation‑relevant. Certificates issued by the Registrar following a search are admissible in legal proceedings as evidence of the entry and the facts recorded in the entry (s 21(2)). That provision reduces litigation contest on foundational facts about whether and when registration occurred, subject to any challenge under s 14 or to the authenticity of the certificate (s 22).

Finally, the Act creates penalties for offences such as forgery, unauthorised access, false representation and non‑compliance with inquiry notices (ss 16(3), 22, 29, 30). Prosecutions under those provisions would be handled in the criminal jurisdiction, but the source text does not list any prosecutions or reported cases.

Because no cases are recorded in the source material, practitioners interested in litigation risk under this Act should note the statutory channels for contest (Magistrates Court review and courts’ power to declare voidness) and the evidentiary role of Registrar certificates. When preparing litigation or advice, verify whether any reported decisions have since addressed Registrar discretion on “adequate reason” for access (s 18(2), s 19), the Registrar’s exercise of inquiry powers (s 16), or judicial treatment of s 14 voidness claims, by searching current case law and consolidated legislation beyond the Act text.

The Act contains a number of provisions that can catch practitioners and applicants if not read carefully. Below are concrete traps and practical risks, each referenced to the relevant provision.

• Residency requirement. A relationship cannot be registered unless at least one adult resides in South Australia (s 5(2)). The Act does not permit a pure interstate or overseas registration by two non‑residents of South Australia. Check domicile and actual residence facts before filing an application.

• Marriage bar and automatic revocation in certain marriages. Registration is prohibited if either adult is in a union recognised as a marriage under the Commonwealth Marriage Act 1961 (s 5(3)(a)). Section 13A, inserted later, revokes by force of law certain registrations existing immediately before the recognition day where a person in the registered relationship was party to a recognised same‑sex marriage on the recognition day (s 13A(1)-(3)). Practitioners must consider prior or concurrent marriages and the effects of federal recognition on state registrations.

• Family relationship definition includes adoptive and parentage orders and survives void adoptions. The Act’s family relationship definition is wide, and explicitly includes adopted children and descendants and applies even if an adoption has been declared void, and applies to parentage orders under the Family Relationships Act 1975 in the same way as adoptive parentage (s 5(4)-(5)). This can bar registration where parties are related by adoption lines or share parentage, even where informal understandings would not regard them as family.

• No registration where already registered or in another relationship. If either adult is already registered under this Act or a corresponding law, or is in a relationship as a couple with another person, registration is prohibited (s 5(3)(b)-(c)). The statutory declarations required under s 6(1)(a) obligate applicants to confirm those facts; false declarations attract s 29 penalties.

• Specific statutory declaration content. Each applicant’s statutory declaration must separately state a list of discrete facts (s 6(1)(a)(i)-(vii)). Omitting any of these particulars may render an application defective. The Registrar may also require further information (s 6(2)), so plan for follow‑up documentary requests.

• Cooling‑off asymmetry. The registration cooling‑off period is 28 days (s 7(3)), but the revocation cooling‑off period is 90 days (s 11(3)). That asymmetry has behavioural effects: revocation of a registered relationship cannot be immediate and may remain effective for a statutory period after an application for revocation, during which the relationship remains on the Register.

• Service proof for unilateral revocation and Registrar discretion to dispense. If only one person applies to revoke a registration, the application must be accompanied by proof of service of notice on the other person unless the Registrar dispenses with notice or approves alternative means where not reasonably practicable (s 10(2)(b), s 10(3)). Failing to serve notice can stall revocation applications, and obtaining a Registrar waiver requires showing impracticability.

• Registrar discretion on access and “adequate reason”. The Registrar decides whether an applicant has an adequate reason for wanting access or information extracted from the Register (s 18(1), s 19(3)). The Act lists factors the Registrar must consider, including the nature of the applicant’s interest and sensitivity of the information (s 18(2)), but leaves the ultimate decision and the conditions for access to the Registrar’s discretion. Organisations and individuals seeking Register information should be prepared to set out and document their interest and intended use.

• Privacy balancing and possible limited public access. The Registrar must, as far as practicable, protect persons from unjustified intrusion on their privacy in access decisions (s 18(3), s 20). This can limit third‑party access and affect how external actors gather evidence about relationship status.

• Fees and fee negotiation. Regulations may prescribe fees and allow fees to be fixed by negotiation between the Registrar and the applicant (s 24). This creates uncertainty about cost exposure unless the current regulations are checked. The Registrar may remit fees in appropriate cases (s 25), but remittance is discretionary.

• Register corrections and removals. The Registrar has power to correct the Register to reflect inquiry findings or the most reliable information available (s 17). That means entries are not immutable and may be added to, altered or cancelled. Parties should retain original application documents and watch for corrections that affect legal positions.

• Evidential weight of certificates and risk of falsification prosecutions. Certificates issued after a search are admissible evidence of the entry and facts recorded (s 21(2)), which streamlines proof in litigation but raises the stakes for accuracy and authenticity. Forging or falsifying certificates attracts severe penalties (s 22). Anyone procuring a certificate for use in legal processes should ensure strict chain of custody and authenticity.

• Criminal offences for misuse. Unauthorised access or interference with the Register has a maximum penalty of $10,000 or 2 years imprisonment (s 30), and false representation in an application carries a maximum $1,250 penalty (s 29). Non‑compliance with inquiry notices also carries penalty exposure (s 16(3)). Organisations handling applications or Register data should implement procedures to avoid inadvertent breaches.

• Corresponding law dependence on regulation. Recognition of foreign or interstate registrations depends on the regulations declaring those laws to be corresponding laws and the declared laws meeting the general requirements (s 26). Until the regulations declare a law to be corresponding, a foreign registration will not automatically be treated as a registered relationship under this Act. Applicants relying on overseas or interstate registrations should check the current regulations and may need to apply under s 27 for a certificate with accompanying evidence.

• Effect on other statutory entitlements depends on external references. The Act makes registration effective “for the purposes of this Act and any other Act” (s 9), but the particular legal consequences of registration in areas such as property, succession or discrimination depend on how other statutes use the registered relationship concept. The principal Act amended a number of South Australian statutes at enactment, but the precise rights and liabilities derive from those other statutes rather than this Act alone.

Practitioners must therefore check residual and consequential provisions, subordinate regulations, and any amendments to other Acts that use the Register, and ensure documentary compliance with the exact statements required by the statutory declarations and Registrar forms.

The Act sets out a procedural pathway and concrete documentary requirements. The following is a compliance checklist and operational guidance grounded in the Act’s provisions.

1. Confirm eligibility before lodging an application (s 5).

   • Both applicants must be 18 or older (definition of adult, s 4).
   • At least one applicant must reside in South Australia (s 5(2)).
   • Neither applicant may be married under the Commonwealth Marriage Act 1961 (s 5(3)(a)).
   • Confirm neither applicant is already registered under this Act or a corresponding law (s 5(3)(b)).
   • Confirm neither is in a relationship as a couple with another person (s 5(3)(c)).
   • Check family relationship rules. The Act’s family relation definition includes adoptive relationships and parentage orders; even adoptions declared void or foreign adoptions can be caught (s 5(4)-(5)).

2. Prepare application materials (s 6).

   • Use the application form approved by the Registrar (s 6(1)). Obtain the current form from the Registrar of Births, Deaths and Marriages (s 4).
   • Each applicant must provide a statutory declaration containing specific statements: desire to register, that they are in a relationship as a couple with the other person, that they are not married, not registered under this Act or a corresponding law, not in a relationship as a couple with another person, residency status, and that they are not related by family (s 6(1)(a)(i)-(vii)). Ensure each element is explicitly addressed in the statutory declaration.
   • Include evidence of identity and age for each person (s 6(1)(b)). Confirm what identity documents the Registrar requires in the current practice and subordinate regulations.
   • Include the fee prescribed by the regulations (s 6(1)(c) and s 24). Check current regulations for the fee and the possibility of negotiated fees or remissions (s 24(2), s 25).
   • Include any other documents or information required by the regulations (s 6(1)(d)). Consult the regulations for up‑to‑date documentary lists.

3. Anticipate Registrar follow‑up (s 6(2), s 16).

   • The Registrar may request further information to determine the application (s 6(2)) and may conduct inquiries by notice requiring answers or documents (s 16(1)-(2)). Plan to respond promptly; failure to comply without reasonable excuse is an offence (s 16(3)).

4. Observe cooling‑off rules and withdrawal rights (ss 7, 11).

   • The Registrar must not register before the cooling‑off period ends; registration applications are subject to a 28‑day cooling‑off period (s 7(1), (3)). You may withdraw before registration with an approved withdrawal notice (s 7(2)).
   • For revocation, anticipate a 90‑day cooling‑off period (s 11(3)). If only one party applies to revoke, provide proof of service on the other person unless applying for a Registrar dispensation (s 10(2)(b), s 10(3)).

5. Plan for evidence and certificates (s 21).

   • Certificates issued by the Registrar following a search are admissible in legal proceedings as evidence of the entry and facts recorded (s 21(2)). If you will need documentary proof of registration for another legal process (estate administration, property claims, anti‑discrimination complaints), obtain a certificate from the Registrar after registration or for corresponding law recognition under s 27(2)-(3).

6. For corresponding law or interstate registrations (ss 26-27).

   • If you seek recognition of an interstate or foreign registration, determine whether that law has been declared a corresponding law by regulation (s 26). The general requirements for a corresponding law are set out in s 26(2). If the foreign or interstate registration is not a marriage under the Commonwealth Marriage Act, a corresponding law registration will be treated as a registered relationship under this Act (s 27(1)). Apply for a certificate under s 27(2) and include evidence of identity, evidence of the corresponding law registration and the prescribed fee (s 27(3)).

7. Maintain compliance and avoid offences (ss 22, 29, 30).

   • Do not forge or falsify certificates or other documents (s 22). Do not make false or misleading representations in applications or documents under the Act (s 29). Do not access, alter or interfere with the Register without authority (s 30). Ensure organisational procedures protect Register data and limit staff access to authorised tasks only.

8. Prepare for the Registrar’s access rules (ss 18-20, s 23).

   • If an organisation seeks access or extracts, be ready to explain the nature of interest and intended use, and to meet conditions the Registrar imposes to protect privacy (s 18(1)-(3)). Request and review the Registrar’s written access policies (s 23(1)-(2)) so that your application for information aligns with expressed policy.

9. Dispute and review pathway (s 28).

   • If dissatisfied with a Registrar decision, an applicant or affected person may apply to the Magistrates Court for review (s 28(1)). The Court can confirm, vary or reverse decisions and make consequential orders (s 28(2)). Consider early engagement with counsel if planning a review.

10. Record retention and audit readiness (s 17).

    • Retain copies of all statutory declarations, identity documents, proof of service and correspondence with the Registrar. The Registrar may correct the Register to reflect reliable information or inquiry findings (s 17) and inquiries may require production of documents.

11. Check regulations and consolidated legislation before acting (s 31).

    • The regulations may prescribe implementation details: service methods for notices (s 31(2)(a)), fees and fee negotiation parameters (s 24, s 31(2)(c)), and may declare corresponding laws (s 26). Always consult the current regulations and consolidated version of the Act when preparing applications or advising clients.

Practical implementation steps

• Obtain the current application and withdrawal forms from the Registrar of Births, Deaths and Marriages.
• Prepare and execute the statutory declarations with attention to the seven mandatory statements in s 6(1)(a).
• Assemble identity documents, evidence of residence if relevant, and any existing foreign or interstate registration certificates.
• Calculate the applicable fee under current regulations and consider seeking remittance if appropriate.
• Lodge the application and diarise the cooling‑off period; note that registration will only occur after 28 days unless withdrawn.
• If revocation is contemplated, ensure proof of service on the other person is included unless a dispensation is sought and shown to be appropriate.
• For third parties seeking access, prepare a written justification demonstrating an adequate reason and ensure compliance with any privacy conditions imposed by the Registrar.

Following this checklist aligns directly with the statutory duties and rights set out in the Act and reduces exposure to penalties and administrative delay. Always verify the current regulations and any consequential amendments to other Acts that affect the legal consequences of registration.