NSW Introduces Bill to Update Terminology on Marriage, Parentage, Sex Changes
Monday 28 May 2018 @ 11.45 a.m. | Legal Research
The NSW Government has introduced the Miscellaneous Acts Amendment (Marriages) Bill 2018 (NSW) (‘the Bill’) on 23 May 2018. The Bill aims to update terms and definitions related to marriage, parentage and change of sex across a number of acts and instruments.
Main Amendments
The Bill proposes to amend a number of legislative instruments. Some of the proposed amendments are for the purpose of:
- Updating the terminology of the definitions of 'spouse', 'relatives', and ‘dependants’ in acts such as the Anti-Discrimination Act 1977 (NSW), the Assisted Reproductive Technology Act 2007 (NSW), and the Crimes Act 1900 (NSW);
- Updating legislative instruments such as the Building Professionals Act 2005 (NSW) and the Property (Relationships) Act 1984 (NSW) to remove redundant references to spouses and de facto partners being of either the same or opposite sex;
- Amending various legislation in order to update terms relating to parentage and change of sex;
- Amending the Births, Deaths and Marriages Registration Act 1995 (NSW) to allow persons who change their sex and get married to have the change of sex recorded on the Births, Deaths and Marriages Register;
- Amending the Evidence Act 1995 (NSW) to ensure that the exception to the hearsay rule with respect to reputation concerning whether a man and a woman cohabiting were married to each other applies equally to any two people.
In his second reading speech, Minister for Resources, Minister for Energy and Utilities, and Minister for the Arts Don Harwin stated that due to the flow-on effects of the Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth), there was a need for consequential amendments. For more information on the Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth), please read TimeBase's earlier article.
Mr Harwin noted that the amendments were technical in nature:
On amendments to the hearsay rule contained in the Evidence Act 1995 (NSW), Mr Harwin noted:
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Sources:
Miscellaneous Acts Amendment (Marriages) Bill 2018 (NSW), explanatory memorandum and second reading speech, available on TimeBase LawOne.