South Australia regulation

Relationships Register Regulations 2017

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

3/10 complexity

These regulations set out the data and procedures for entering and ending registered relationships in South Australia: required personal particulars at registration, how revocation applications must be served and proved, what the Register must record on endings, and which interstate and foreign relationship laws are treated as corresponding.

They affect people registering or revoking relationships and the Registrar. Individuals must provide identity details, serve notice in person or by leaving it at a last known address and lodge a statutory declaration; the Registrar records dates and reasons. (rr 4–7)

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Current sections

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Relationships Register Regulations 2017

South Australia Relationships Register Regulations 2017 under the Relationships Register Act 2016

Contents 1 Short title 3 Interpretation 4 Entry of particulars in Register on commencement of registered relationship 5 Information and material accompanying application for revocation of registration 6 Entry of particulars in Register on revocation of registration 7 Corresponding law registered relationships Legislative history

1—Short title These regulations may be cited as the Relationships Register Regulations 2017. 3—Interpretation In these regulations— Act means the Relationships Register Act 2016; parent includes— (a) the mother and father of the child; and (b) the mother and co‑parent of the child (within the meaning of the Family Relationships Act 1975); and (c) the parent of a child under an order under section 18 of the Surrogacy Act 2019. 4—Entry of particulars in Register on commencement of registered relationship For the purposes of section 8(2) of the Act, the particulars that are required to be entered in the Register are— (a) in respect of each person in the relationship— (i) the person's name; and (ii) the person's occupation; and (iii) the person's principal place of residence; and (iv) the person's date and place of birth; and (v) the name of the person's parents; and (b) the date on which the entry relating to the relationship is made in the Register. 5—Information and material accompanying application for revocation of registration (1) For the purposes of section 10(2)(b) of the Act— (a) notice of the application to revoke the registration of a relationship must be served by the applicant on the other person in the relationship— (i) personally; or (ii) by leaving the notice for the person at the person's last known residential address or with someone apparently over the age of 16 years at that address; and (b) proof of service of the notice must be provided to the Registrar in the form of a statutory declaration setting out— (i) the name of the person served; and (ii) the method of service; and (iii) the time and date of service. (2) For the purposes of section 10(2)(d) of the Act, an application to revoke the registration of a relationship must be accompanied by the following information in relation to each person in the relationship: (a) the person's name; (b) the person's date and place of birth; (c) the date on which the relationship was registered under the Act. 6—Entry of particulars in Register on revocation of registration For the purposes of section 13(1)(c) of the Act— (a) the date on which the Registrar makes an entry relating to the revocation of a registered relationship must be included in the Register; and (b) the Registrar must specify the reason the registered relationship ended, whether— (i) because it was revoked in accordance with section 12 of the Act; or (ii) by virtue of an event as set out in section 13(1)(a) or (b) of the Act. 7—Corresponding law registered relationships For the purposes of section 26(1) of the Act, each of the following laws is declared to be a corresponding law: (a) the Civil Partnerships Act 2011 of Queensland; (b) the Civil Unions Act 2012 of the Australian Capital Territory; (c) the Domestic Relationships Act 1994 of the Australian Capital Territory; (d) section 4 and Part 2 of the Relationships Act 2003 of Tasmania; (e) the Relationships Act 2008 of Victoria; (f) the Relationships Register Act 2010 of New South Wales; (g) Book 1 of the Civil Code of Québec, Canada; (h) the Domestic Relations Law of the State of New York, United States of America; (i) Book 1 of the Dutch Civil Code of the Netherlands; (j) Chapter 572 Marriage, Part 1 and Chapter 572B Civil Unions, Hawaii Revised Statutes of the State of Hawaii, United States of America; (k) the Civil Marriage Act 2005 of Canada; (l) the Civil Partnership Act 2004 of the United Kingdom; (m) the Civil Union Act 2004 of New Zealand; (n) the Civil Union Act 2006 of South Africa; (o) the Marriage Act 1949 of the United Kingdom; (p) the Marriage Act 1955 of New Zealand (q) Division 3 of the Marriage, Family Code of the State of California, United States of America; (r) the Marriage and Civil Partnership (Scotland) Act 2014 of Scotland; (s) the Vital Statistics Act, Revised Statutes 1989, c494 of Nova Scotia, Canada. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2017 212 Gazette 1.8.2017 p3062 1.8.2017: r 2 2020 215 Gazette 18.6.2020 p3418 1.9.2020: r 2 Provisions varied New entries appear in bold. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 1.9.2020 r 3

parent varied by 215/2020 r 4 1.9.2020

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Relationships Register Regulations 2017

South Australia Relationships Register Regulations 2017 under the Relationships Register Act 2016

1—Short title These regulations may be cited as the Relationships Register Regulations 2017. 3—Interpretation In these regulations— Act means the Relationships Register Act 2016; parent includes— (a) the mother and father of the child; and (b) the mother and co‑parent of the child (within the meaning of the Family Relationships Act 1975); and (c) the parent of a child under an order under section 18 of the Surrogacy Act 2019. 4—Entry of particulars in Register on commencement of registered relationship For the purposes of section 8(2) of the Act, the particulars that are required to be entered in the Register are— (a) in respect of each person in the relationship— (i) the person's name; and (ii) the person's occupation; and (iii) the person's principal place of residence; and (iv) the person's date and place of birth; and (v) the name of the person's parents; and (b) the date on which the entry relating to the relationship is made in the Register. 5—Information and material accompanying application for revocation of registration (1) For the purposes of section 10(2)(b) of the Act— (a) notice of the application to revoke the registration of a relationship must be served by the applicant on the other person in the relationship— (i) personally; or (ii) by leaving the notice for the person at the person's last known residential address or with someone apparently over the age of 16 years at that address; and (b) proof of service of the notice must be provided to the Registrar in the form of a statutory declaration setting out— (i) the name of the person served; and (ii) the method of service; and (iii) the time and date of service. (2) For the purposes of section 10(2)(d) of the Act, an application to revoke the registration of a relationship must be accompanied by the following information in relation to each person in the relationship: (a) the person's name; (b) the person's date and place of birth; (c) the date on which the relationship was registered under the Act. 6—Entry of particulars in Register on revocation of registration For the purposes of section 13(1)(c) of the Act— (a) the date on which the Registrar makes an entry relating to the revocation of a registered relationship must be included in the Register; and (b) the Registrar must specify the reason the registered relationship ended, whether— (i) because it was revoked in accordance with section 12 of the Act; or (ii) by virtue of an event as set out in section 13(1)(a) or (b) of the Act. 7—Corresponding law registered relationships For the purposes of section 26(1) of the Act, each of the following laws is declared to be a corresponding law: (a) the Civil Partnerships Act 2011 of Queensland; (b) the Civil Unions Act 2012 of the Australian Capital Territory; (c) the Domestic Relationships Act 1994 of the Australian Capital Territory; (d) section 4 and Part 2 of the Relationships Act 2003 of Tasmania; (e) the Relationships Act 2008 of Victoria; (f) the Relationships Register Act 2010 of New South Wales; (g) Book 1 of the Civil Code of Québec, Canada; (h) the Domestic Relations Law of the State of New York, United States of America; (i) Book 1 of the Dutch Civil Code of the Netherlands; (j) Chapter 572 Marriage, Part 1 and Chapter 572B Civil Unions, Hawaii Revised Statutes of the State of Hawaii, United States of America; (k) the Civil Marriage Act 2005 of Canada; (l) the Civil Partnership Act 2004 of the United Kingdom; (m) the Civil Union Act 2004 of New Zealand; (n) the Civil Union Act 2006 of South Africa; (o) the Marriage Act 1949 of the United Kingdom; (p) the Marriage Act 1955 of New Zealand (q) Division 3 of the Marriage, Family Code of the State of California, United States of America; (r) the Marriage and Civil Partnership (Scotland) Act 2014 of Scotland; (s) the Vital Statistics Act, Revised Statutes 1989, c494 of Nova Scotia, Canada. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2017 212 Gazette 1.8.2017 p3062 1.8.2017: r 2 2020 215 Gazette 18.6.2020 p3418 1.9.2020: r 2 Provisions varied New entries appear in bold. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 1.9.2020 r 3