Status of same-sex relationships in the ACT
Recent Changes to Federal Law to Recognise Same-Sex Couples
During 2008, the Federal Government passed a package of legislative amendments that remove discrimination on the basis of gender and sexual orientation in many areas of Federal law. The reforms follow decades of lobbying for equality from the GLBTI community and the release of HREOC’s influential 2007 ‘Same Sex: Same Entitlements Report’.
SUPERANNUATION
The Same-Sex Relationship (Equal Treatment in Commonwealth Laws-Superannuation) Act 2008 ensures that all couples, regardless of gender, will be treated equally when it comes to accessing superannuation benefits. This is particularly significant for partners who have superannuation accounts with CSS, PSS and military superannuation schemes that previously failed to recognize same-sex partnerships.
FAMILY LAW
Property Settlement
The Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008 will give all de facto couples access to the Family Court for property settlement upon relationship breakdown. At present, de facto
couples often carry the double burden of dealing with arrangements for their children in the Family Court whilst running parallel property proceedings in their local Supreme Court.
Recognition of non-biological co-parent
The ACT's Parentage Act has recognised a woman's female de facto partner as the second legal parent of their child since 2004. The ACT has also provided for the recognition of 2 male parents where the child has been conceived through a non-commercial surrogacy agreement. However, there has been widespread uncertainty about how recognition of two same-sex parents at the Territory level translates in Federal Law. This is significant because many important areas of day-to-day life are dealt with in Federal Legislation such as Child Support, Medicare, taxation and worker's compensation.
The Family Law Act will now recognise the birth mother and her female partner as the legal parents when a child is conceived through an artificial reproductive technology procedure. The amendments will also provide for recognition of two male parents where a child has been conceived pursuant to a legal surrogacy agreement. Significantly, it is likely that in both these cases, parental recognition will extend to all areas of federal law, including child support, superannuation and taxation.
CENTRELINK, MEDICARE, TAXATION
At over 180 pages, the ‘Omnibus’ Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) Act 2008 removes discrimination against LGBTI couples and their children in a broad range of areas including Centrelink law, Medicare and taxation. Centrelink is setting up an information line to ensure LGBTI couples know how their social security payments will change under the new laws. Individuals can also contact their local Welfare Rights Centre for free legal advice about how the changes may impact their entitlements. The ACT Welfare Rights and Legal Centre has an advice line that operates from 9.30am - 1pm on Mon, Tue, Thu and Fri. The advice line number is: 6247 2177.
EMPLOYMENT LAW
The Federal Government’s new ‘National Employment Standards’ will extend Federal workplace rights and entitlements to all couples, regardless of gender.
GIVING EVIDENCE IN COURT
The Evidence Amendment Act provides for all couples, regardless of gender, to be treated equally, which means that gay, lesbian, bisexual, transgender and intersex persons cannot be compelled to give evidence against their partner in certain legal proceedings.
NEED FOR COMMUNITY EDUCATION?
With over 24,000 same-sex relationships publicly recorded in the last Australian Census, the burning question is how will Australians learn about how the new laws may impact their lives, and the lives of their children, parents, siblings, customers and clients? The breadth and gravity of the reforms, particularly in the area of social security, underscore the dire need for appropriately-funded community and professional education prior to and beyond July 2009.
Civil Partnerships: ACT Same-Sex Relationships Legislative Developments since Federal election 2007
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Following the election of the Labor Government in November 2007, the Prime Minister, Kevin Rudd indicated that he would not override ACT legislation allowing for civil unions because it was a matter for states and territories.Since the election, the ACT Attorney-General, Simon Corbell and the Federal Attorney-General, Robert McClelland have been discussing ‘policy differences’ relating to the ACT’s ‘Civil Partnerships Bill’.
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The Civil Partnership Act 2008 commenced on 19 May 2008 and only applies to the Australian Capital Territory, but may be recognised by other jurisdictions that have similar laws. For full information regarding ACT Civil partnerships - please visit the ACT Office of Regulatory Services website.
Earlier background - the overturn of ACT Civil Unions by the Howard Government
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In 2006, fulfilling an election promise, the ACT Stanhope government introduced and passed the ACT 'Civil Union Act' which granted same-sex couples in the ACT equal recognition under ACT law as federally married couples.
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In June 2006, the Howard Federal Government directed the Governor-General to disallow the ACT’s ‘Civil Unions’ Act. The Government saw this as protecting the ‘special status of marriage’.
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In December 2006, the ACT Government tabled revised legislation by way of a ‘Civil Partnerships’ Bill. The Civil Partnerships Bill differs in several ways to the Civil Union Act. It states that a Civil Partnership is a type of domestic partnership, and provides for couples to solemnize their Civil Partnership by making a public declaration before a notary.
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However, in February 2007, the then Federal Attorney-General, Philip Ruddock indicated that the changes did not go far enough and that the bill in its amended form would still be likely to undermine ‘the institution of marriage’. He said it would again be over-riden if it became law.
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