A BILL FOR

An Act to amend the Compensation to Relatives Act of 1897 to enable actions under that Act to be brought for the benefit of de facto partners.

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:-

Short title.

1. This Act may be cited as the “Compensation to Relatives (De Facto Relationships) Amendment Act 1983”.

Commencement.

2. (1) Sections 1 and 2 shall commence on the date of assent to this Act.

(2) Except as provided by subsection (1), this Act shall commence on the day appointed and notified under section 2(2) of the De Facto Relationships Act, 1983.

Amendment of Act No. 31, 1897.

3. The Compensation to Relatives Act of 1897 is amended in the manner set forth in Schedule 1.

Application of Act.

4. The amendments made to the Compensation to Relatives Act of 1897 by this Act shall not apply in respect of the death of a person which occurred before the date of assent to this Act.

SCHEDULE 1. (Sec.3.)

AMENDMENTS TO THE COMPENSATION TO RELATIVES ACT OF 1897.

(1) Section 4(2) -

At the end of section 4, insert-

(2) Where there is a wife and a de facto wife or a husband and a de facto husband of the person whose death has been so caused -

(a) without limiting subsection (1), the action shall be for the benefit of the wife and the de facto wife or the husband and the de facto husband, as the case may require; and

(b) the wife and the de facto wife or the husband and the de facto husband, as the case may require, shall be separate parties to the action.

(2) (a) Section 7(l) -

After “say,”, insert “the word “wife” shall include de facto wife; and the word “husband” shall include de facto husband; and”.

(b) Section 7(1A), (1B) -

After section 7(1), insert-

(1A) In this Act “de facto wife” means a woman who, immediately before the date of death of a man, lived with the man as his wife on a bona fide domestic basis although not married to him.

(1B) In this Act “de facto husband” means a man who, immediately before the date of death of a woman, lived with the woman as her husband on a bona fide domestic basis although not married to her.