A BILL FOR

An Act to amend the Law Reform (Miscellaneous Provisions) Act 1944, to provide that certain causes of action relating to de facto partners shall not survive after death and to extend liability for injury arising from mental or nervous shock to shock sustained by a de facto partner.

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 “Law Reform (Miscellaneous Provisions) De Facto Relationships (Amendment) Act, 1983”.

Interpretation.

2. In this Act, “appointed day” means the day appointed and notified under section 2(2) of the De Facto Relationships Act, 1983.

Commencement.

3. (1) Sections 1, 2 and 3 shall commence on the date of assent to this Act.

(2) Except as provided by subsection (1), this Act shall commence on the appointed day.

Amendment of Act No.28, 1944.

4. The Law Reform (Miscellaneous Provisions) Act, 1944, is amended in the manner set forth in Schedule 1.

Application of Act.

5. The amendment made to the Law Reform (Miscellaneous Provisions) Act 1944, by -

(a) section 4 and Schedule 1(1) - shall apply only in respect of the death of a person which occurred on or after the appointed day, and

(b) section 4 and Schedule 1(2) - shall apply only in respect of an injury sustained by a person on or after the appointed day.

SCHEDULE 1. (Sec. 4.)

AMENDMENTS TO THE LAW REFORM (MISCELLANEOUS PROVISIONS) ACT, 1944.

(1) Section 2(1) -

After “adultery”, insert “or to claims under Division 2 of Part III of the De Facto Relationships Act, 1983”.

(2) Section 4(5), definitions of “Husband”, “Wife” -

“Husband” includes a man who lives with a woman as her husband on a bona fide domestic basis although not married to her.

“Wife” includes a woman who lives with a man as his wife on a bona fide domestic basis although not married to him.