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The NSW Government has recently announced that it will introduce legislation to create a Relationships Register which will make it easier for unmarried same sex and opposite sex couples in an exclusive relationship to prove that they are in a committed relationship for the purpose of having access to legal entitlements. Once registered, such relationships will be considered on par with de facto relationships under NSW law.
Couples will have an option whether they want to register and if they do, they will have one document that will help to prove their relationship. The Relationships Register will not provide for civil unions but it will reflect the seriousness of their commitment.
The register will be modelled on the registration systems operating in the ACT, Victoria and Tasmania, but it will not extend to “caring” relationships as it does in Victoria and Tasmania. It is understood that the NSW Government is working on ensuring reciprocal recognition of relationships registered in NSW with other states that have registers in operation.
The eligibility requirements to register a relationship will be that:
Couples must be 18 years of age or older;
Couples must be in a committed, exclusive relationship;
Couples must not be married or in another relationship that is registered or registrable;
One person must be a resident of NSW.
The implementation of this announcement will require amendments to the Births, Deaths and Marriages Registration Act 1995, the Property (Relationships) Act 1984 and other legislation. It will also require Regulations to deal with administrative matters, fees, forms, time frames etc.
For background information regarding this proposal, see the NSW Law Reform Commission Report 113 on Relationships (June 2006). |
