LGBT rights in Australia 4732778 225534693 2008-07-14T05:02:01Z Ikzing 6562572 /* Assisted reproduction */ added X's for the No's in table to be fair {{gay rights}} The recognition and rights of [[LGBT]] couples and individuals in [[Australia]] have gradually been increasing within the states and territories since the 1970s. [[Laws]] regarding [[Human sexual behavior|sexual activity]] apply equally to same-sex and heterosexual activity in all Australian states and territories. Every state and territory, as well as many local governments or councils, will formally recognise both opposite-sex and same-sex relationships in some manner. The [[Australian Capital Territory|ACT]] joined [[Tasmania]] in recognizing same-sex unions formally in May [[2008]], followed in December by [[Victoria (Australia)|Victoria]]. Same-sex couples legally allowed to adopt other people's children in [[Western Australia]], and the [[Australian Capital Territory|ACT]], and may adopt his or her partner's stepchild in [[Victoria (Australia)|Victoria]] and [[Tasmania]]. It is not allowed in the other states and territories. At the federal or Commonwealth level, progress has moved much more slowly. Between [[1996]] and [[2007]], the Liberal Government under Prime Minister [[John Howard]] made constant attempts to prevent states and territories from recognising same-sex couples, and halted efforts to amend nearly 60 pieces of legislation which recognise opposite sex couples explicitly. In [[2004]], same-sex marriage became officially prohibited at the federal level after the ''Marriage Act 1961'' was amended by the ''Marriage Legislation Amendment Bill''. As of [[2008]], same-sex couples do not receive the same level of recognition as opposite-sex couples in 100 federal law statutes which utilise the phrase 'member of the opposite sex'.<ref name= "petition">{{cite web |title= Entsch to hand PM gay rights petition |date=2007-08-08 |publisher= National Nine News |url= http://news.ninemsn.com.au/article.aspx?id=88399 |accessdate= 2008-09-03}}</ref><ref name = "Aust">{{cite web|title= PM to review same-sex couples' rights |author=Karvelas, Patricia |date=2007-03-02 |publisher= The Daily Telegraph |url= http://www.news.com.au/dailytelegraph/story/0,22049,21310074-5005941,00.html |accessdate= 2007-09-03}}</ref> However in May 2008, following the election of [[Kevin Rudd]] and the Labor government, legislation was introduced into Parliament to begin altering these laws which will provide equality in tax, health, superannuation, aged care and other areas.<ref name= "reform">{{cite web |title= Law reforms for gay couples |date=2008-04-30 |publisher= The Age |url= http://www.theage.com.au/news/national/reforms-for-gay-couples/2008/04/29/1209234861987.html |accessdate= 2008-04-30}}</ref> {{TOClimit|3}} == LGBT history and activism == === History of Australian gay rights === ==== Australia's early years ==== Early laws in [[Australia]] were based on then-current laws in [[England]], which were inherited upon [[History of Australia (1788-1850)|colonisation]] in [[1788]]. [[Lesbian]]ism was never illegal in [[England]] nor its [[colonies]], including Australia. [[Sodomy]] laws, however, were part of Australian law, from 1788 through to 1994 under ''Human Rights (Sexual Conduct Act 1994''. The punishment for "buggery" (sodomy) was reduced from execution to life in prison in 1899.<ref name="petra1">[http://www.petra.ac.id/asc/people/homo/development.html The Development Of Homosexuality<!-- Bot generated title -->]</ref> In [[1951]], the [[New South Wales]] Crimes Act was amended to ensure that "buggery" remained a criminal act "with or without the consent of the person", removing legal loophole of consent. ==== The gay rights movement ==== [[Gay and Lesbian Rights Movement]] groups were not organised in Australia until the late 1960s. An Australian arm of the [[Daughters of Bilitis (Australia)|Daughters of Bilitis]], which formed in [[1969]] in [[Melbourne]], is considered Australia's first [[List of gay-rights organizations#Australia|gay rights organisation]].{{Fact|date=August 2007}} The [[Campaign Against Moral Persecution]], AKA C.A.M.P., was founded in Sydney in September 1970.<ref name="petra1"/> C.A.M.P. raised the profile and acceptance of Australia's gay and lesbian communities. Soonafter, the [[Melbourne]]-based gay rights organisation [[Society Five]] was formed in 1971.<ref>{{cite book |last= Kaplan |first= Gisela |authorlink= |coauthors= |title= The Meagre Harvest: The Australian Women's Movement 1950s-1990s |publisher= St Leonards |date= 1996 |location= |pages= pg. 93 |url= |doi= |id= |isbn= }}</ref> Additional rights organizations followed, including [[The Gay Teachers Group]], and [[The Homosexual Law Reform Coalition]], gay rights organisations which started in the late 1970s.{{Fact|date=August 2007}} In [[1972]], the [[Don Dunstan|Dunstan]] [[Australian Labor Party|Labor]] government introduced a ''consenting adults in private'' type defence in [[South Australia]]. This defence was later introduced as a bill by Murray Hill, father of former [[Defence Minister]] [[Robert Hill (Australian politician)|Robert Hill]], In 1975, [[South Australia]] became the first state or territory to legalize sexual conduct between males. Other states and territories repealed their laws between 1976 and 1990. The exception was [[Tasmania]], which retained its laws until the [[Government of Australia|Federal Government]] and the [[United Nations]] [[Human Rights Committee]] forced their repeal in 1997. An estimated 500 people marched down George Street to a rally in Martin Plaza in Sydney on [[June 24]], [[1978]] as a protest march and commemoration of the [[Stonewall Riots]].{{Fact|date=January 2008}} Organisers said the march and rally were part of “international homosexual solidarity day” to demonstrate against sexual repression in Australia and other countries.<ref>{{cite web |title= Original report - 500 march in city |publisher= NEWS.com.au |url= http://www.news.com.au/story/0,23599,23257207-5016087,00.html |accessdate= 2008-02-22}}</ref> The event recurred annually, becoming the [[Sydney Gay and Lesbian Mardi Gras]] which celebrated its 30th anniversary in [[2008]]. In [[1984]], the [[Australian Medical Association]] removed homosexuality from its list of illnesses and disorders. The last gay man was arrested on [[14 December]] [[1984]] in [[Hobart]], [[Tasmania]] when he was found having sexual conduct with another man on the side of the road in a car. He was sentenced to eight months jail. He later committed suicide.{{Fact|date=March 2008}} In [[1985]], after consistent pressure from Gay and Lesbian Immigration Task Force (GLITF), changes were made to the ''Migration Act 1958 (Cth)'' allowing Australian Citizens and Permanent Residents to sponsor their same-sex partners to Australia through a new Interdependency Visa. In [[1994]], the Commonwealth passed the ''Human Rights (Sexual Conduct) Act 1994 - Section 4'' <ref name= "act1994">{{cite web |title= Human Rights (Sexual Conduct) Act 1994 - Sect 4 |publisher= Commonwealth Consolidated Acts |url= http://www.austlii.edu.au/au/legis/cth/consol_act/hrca1994297/s4.html |accessdate= 2007-09-03}}</ref>, legalizing sexual activity between consenting adults (in private) throughout Australia. It wasn't until 1997 however when the law in [[Tasmania]] prohibiting homosexual sex was overturned in the courts that homosexual activity actually became legal in all Australian states and territories. ==== The John Howard Years ==== Between [[1996]] and [[2007]], during [[John Howard|John Howard's]] term as Prime Minister, many attempts were made to reduce recognition of same-sex couples in federal legislation, as well as to thwart attempts by individual states to recognise unions of same-sex couples. Since the beginning of his term as Prime Minister, Howard has made his position clear on the gay rights issue. In January [[1997]], Howard refused to offer a message of support to Sydney Gay & Lesbian Mardi Gras and tells ''A Current Affair'' (T.V. Program) that he would be "disappointed" if one of his children were to tell him they were gay or lesbian. In August [[2001]] when asked in a ''Triple J'' (Australian radio station) interview where he placed himself on a scale of acceptance of homosexuality, one end being total acceptance and the other total rejection, Howard replied, "Oh I'd place myself somewhere in the middle. I certainly don't think you should give the same status to homosexual liaisons as you give to marriage, I don't." In July [[1996]] the Howard Government reduced the number of interdependency visas, making migration for same sex couples more difficult. The UN Human Rights Commission declared Australia’s Federal Government in violation of equality and privacy rights under the International Covenant of Civil and Political Rights in September [[2003]] after denying a man a defacto spouse veteran’s pension based on his 38 year same sex relationship. The request from the UN that Australia take steps to treat same sex couples equally was ignored. When directly questioned, Attorney General [[Philip Ruddock]] said that the government is not bound by the ruling. In March [[2004]], Howard condemned Australia's first laws which would allow gay couples to adopt children in the ACT as part of a new ACT Bill of Rights. Howard said, "I think the idea of the ACT having a bill of rights is ridiculous. I'm against gay adoption, just as I'm against gay marriage."<ref>{{cite web |title= Howard attacks ACT gay adoption law |date= 2004-03-08 |publisher= Sydney Morning Herald |url= http://www.smh.com.au/articles/2004/03/08/1078594269414.html |accessdate= 2008-05-28}}</ref> The commonwealth, however, did not overturn the legislation. On [[May 27]], [[2004]], approximately two months after the UK proposed its ''[[Civil Partnership Act 2004]]'', federal Attorney-General [[Philip Ruddock]] introduced the ''Marriage Legislation Amendment Bill'' to prevent any possible court rulings allowing same-sex marriages or civil unions.<ref>{{cite web |title= Marriage Amendment Bill 2004 |date= 2004-06-24 |publisher= Parliament of Australia |url= http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=oldbills&Criteria=BILL_ID:r2123;SEQ_NUM:0; |accessdate= 2008-05-26}}</ref> In August [[2004]], same-sex marriage was officially prohibited when the [[Marriage Act 1961]] and the Family Law Act were amended in order to define marriage as a ''"union of a man and a woman to the exclusion of all others, voluntarily entered into for life"''. Amendments were also made to prevent the recognition in Australia of marriages conducted in other countries between a man and another man or a woman and another woman. In March [[2006]], after the ACT government announced plans to create civil unions within the territory, the federal government vowed to block it.<ref>{{cite web |author=Hacker, Peter |title=Australian Federal Gov't Moves To Block Civil Union Bid |publisher=365Gay.com |date=2006-03-29 |url=http://365gay.com/Newscon06/03/032906ozUnions.htm |accessdate=2008-05-23 }}</ref> Following the public outcry over Howard's move to kill the ACT bill, in April the Human Rights and Equal Opportunity Commission (HREOC) began a six month inquiry to hear from Australians about the federal government's treatment of gays.<ref>{{cite web |title=Australian Gay Marriage Treatment Like Apartheid Inquiry Told |publisher=365Gay.com |date=2006-10-11 |url=http://www.365gay.com/Newscon06/10/101106ozrts.htm |accessdate=2008-05-23 }}</ref> The Howard Government banned its departments from making submissions to the inquiry into financial discrimination experienced by same-sex couples.<ref>{{cite web |title= Howard Bans Submissions to HREOC |publisher= Sydney Star Observer |url= http://www.ssonet.com.au/archives/display.asp?articleID=6174 |accessdate= 2006-06-29}}</ref> In May [[2006]], Attorney General [[Philip Ruddock]] blocked a gay Australian man from marrying in Europe. Ruddock refused to grant a gay man living in the Netherlands a 'Certificate of No Impediment to Marriage' document required by some European countries before marriage, to prove foreigners are in fact single. Under Ruddock's instructions, no such documents were to be released to gay and lesbians individuals intending to marry overseas<ref name = "Age3">{{cite web |title= Govt defends block to same sex marriage ([[January 18]], [[2006]] - 9:29 a.m.) |publisher= The Age |url= http://www.theage.com.au/news/World/Govt-defends-block-to-same-sex-marriage/2006/01/18/1137467021053.html |accessdate= 2007-09-03}}</ref>. Following a request for the certificate the following statement was received: {{Quote|Following the advice of the Australian Attorney-General's Department we herewith certify that Australian law does not allow the issue of a Certificate of No Impediment to Marriage to persons wishing to enter into a same-sex marriage.|Australian Embassy, Netherlands on behalf of the Attourney-General's Office<ref name = "Age3"/>}} In June, the ACT's civil union legislation was passed then disallowed by the Governor General. A second attempt to offer civil unions for same-sex couples in [[2007]] was again disallowed. The Governor General only disallowed the ACT legislation after being advised by the Executive Cabinet, although under the Constitution, the GG was not obliged to follow the advice of the Executive Cabinet. Plans were also made to introduce a federal bill preventing same-sex couples from adopting, but was dropped after the 2007 elections. Despite the reluctance of the federal government, individual states and territories were continuing to make inroads. Since [[2001]], Victoria has amended 60 Acts to include same-sex couples. In [[2002]], [[Western Australia]] removed all remaining legislative discrimination toward sexual orientation (including adoption) by adding the new definition of "de facto partner", and [[Queensland]] created a new, non-discriminatory definition of "de facto partner" within 61 pieces of legislation. In [[2003]], [[Tasmania]] become the first state to create a relationship registry for same sex couples, giving same-sex couples nearly equal rights to married couples, excluding adoption. In [[2004]], the [[Northern Territory]] removed legislative discrimination against same-sex couples in most areas of territory law, and the ACT began allowing same-sex couples to adopt. In [[2005]], the city of Sydney, in [[New South Wales]], created a Relationship Declaration Program offering limited legal recognition for same-sex couples. In [[2006]], [[South Australia]], the last state to recognize same-sex couples, amended 97 Acts, dispensing with the term "de facto" and categorising couples as "domestic partners". The city of [[Melbourne]], in Victoria, provided a "Relationship Declaration Register" for all relationships and carers starting in [[2007]], which was followed in December with Victoria introducing a statewide registry and amending 69 pieces of legislation to include couples who are in registered relationships. ==== Change in public opinion, leadership and policy ==== In June [[2007]], the results of a ''[[Galaxy Research|Galaxy]]'' [[Opinion poll|poll]] commissioned by [[Interest group|advocacy group]] ''GetUp!'' were released. The poll measured opinions of 1100 Australians aged 16 and over.<ref>{{cite web |title= Majority support same-sex marriage - poll |publisher= NEWS.com.au |url= http://www.news.com.au/story/0,23599,21942737-5007133,00.html |accessdate= 2007-06-21}}</ref> * 71% of respondents agreed that same-sex partners should have the same legal rights as de-facto heterosexual couples. * 57% of respondents supported same-sex marriage. The poll suggests a 20-point jump in support since [[2004]], when ''[[Newspoll]]'' found 38% in favour and 44% against.<ref>{{cite web |title= Public backs gay unions, equality |publisher= The Age |url= http://www.theage.com.au/news/national/public-backs-gayunionsequality/2007/06/20/1182019204491.html |accessdate= 2007-06-21}}</ref> In November 2007, the [[Coalition (Australia)|Liberal/National Coalition]], led by [[John Howard]], lost to the [[Australian Labor Party]] in the [[Australian federal election, 2007|2007 national federal election]]. [[Penny Wong]] (Labor) became the first openly gay member of a ministry. The Labor Government, led by Prime Minister [[Kevin Rudd]], openly supported rights for same-sex couples, but not same-sex marriage. Liberal leader [[Brendon Nelson]] said he supported equal economic and social rights for gay couples, but not marriage, adoption or IVF.<ref>{{cite web |title= Gay couples deserve 'equal treatment' |publisher= The Australian |url= http://www.theaustralian.news.com.au/story/0,25197,22856750-601,00.html |accessdate= 2008-05-01}}</ref> In [[2008]], federal Attorney-General [[Robert McClelland (Australian politician)|Robert McClelland]] announced that they had gone beyond the 58 pieces of disciminatory legislation found by a recent HREOC inquiry, and that legislation to remove inequalities in 100 areas of the law would be introduced, giving gay couples the same treatment as heterosexual de facto couples, with areas like social security and veterans affairs to be completed by mid-[[2009]]. Attempts in the [[Australian Capital Territory|ACT]] to offer civil unions for same-sex couples were attempted again under the new [[Australian Labor Party|Labor]] federal government in [[2008]], but were again threatened to be disallowed. However, the federal government has stated that it is willing to accept state-based relationship registers so long as they don't mimic marriage by allowing a ceremony. In May, the ACT settled for creating a relationship registry similar to Tasmania and Victoria. In May 2008, a [[Opinion poll|survey]] of 15,000 women aged 20 and above by the ''[[Australian Women's Weekly]]'' found that more than 70% said same-sex couples should have the same rights as heterosexual couples. This is consistent with the nationwide ''Galaxy'' poll results from June 2007.<ref>{{cite web |title= Women think gay rights OK, migrants not |date= 2008-05-28 |publisher= NEWS.com.au |url= http://www.news.com.au/story/0,23599,23772342-2,00.html |accessdate= 2008-05-29}}</ref> [[New South Wales]] has proposed amending 50 pieces of state legislation in 2008 so that de facto and same-sex couples will be treated as married couples, with the exception of adpotion and surrogacy, but will not create a statewide relationships register. === Current Australian activist groups === * '''National''' [[Australian Coalition for Equality]] * '''National''' [http://www.australianmarriageequality.com/index.htm Australian Marriage Equality] * '''National''' [http://www.glitf.org.au/ Gay and lesbian immigration task force] * '''New South Wales''' [http://www.glrl.org.au/ The Gay and Lesbian Rights Lobby] * '''New South Wales''' [[Community Action Against Homophobia]] * '''Queensland''' [http://arcq.com.au/ Action Reform Change Queensland (ARCQ)] * '''South Australia''' [http://www.letsgetequal.org.au/ Lets Get Equal] * '''Tasmania''' [http://tglrg.org/ Tasmanian Gay and Lesbian Rights Group] * '''Victoria''' [http://www.vglrl.org.au/ The Victorian Gay and Lesbian Rights Lobby] * '''Western Australia''' [http://www.galewa.asn.au/ Gay and Lesbian Equality] * '''Western Australia''' [http://www.pridewa.asn.au/ Pride Western Australia] == Anti-discrimination and legal recognition == === Commonwealth level === Federal (Commonwealth) laws do not allow same-sex couples to legally marry and same-sex couples are not legally recognised in federal legislation. Australia does not outlaw discrimination based on sexual orientation at the federal level. However, in response to Australia's obligation to implement the principle of non-discrimination in employment and occupation pursuant to the International Labour Organisation Convention No.111 (ILO 111), the ''[[Human Rights and Equal Opportunity Commission]] (HREOC) Act'' established the HREOC in [[1986]], and empowers it to investigate complaints of discrimination in employment and occupation on various grounds, including sexual preference, and to resolve such complaints by conciliation. If it cannot be conciliated, the Commission prepares a report to the federal Attorney-General who then tables the report in Parliament. It is important to note that such discrimination is not rendered unlawful under the Act. The ''Human Rights (Sexual Conduct) Act 1994'' provided that sexual conduct involving only consenting adults (18 years or over) acting in private would not be subject to arbitrary interference by law enforcement. This applies to any law of the Commonwealth, State or Territory.<ref>{{cite web |title= Human Rights (Sexual Conduct) Act 1994 |publisher= Austlii |url= http://www.austlii.edu.au/au/legis/cth/consol_act/hrca1994297 |accessdate= 2008-05-01}}</ref> As of [[2007]], The Commonwealth Government does not provide protections for "sexual orientation and gender identity" as yet in the ''Human Rights Commission Act 1981'' (Commonwealth legislation).<ref>{{cite web |title= Human Rights Commission Act 1981 |publisher= Austlii |url= http://www.austlii.edu.au/au/legis/cth/num_act/hrca1981267 |accessdate= 2008-05-01}}</ref> ====Immigration and sponsorship==== In [[1985]], changes were made to the ''Migration Act 1958 (Cth)'' due to pressure from the Gay and Lesbian Immigration Task Force (GLITF). An interdependency visa was specifically created for same-sex couples, allowing Australian Citizens and Permanent Residents to sponsor their same-sex partners to Australia. Unlike married couples, de facto and interdepentdent partners must be able to prove a twelve month committed relationship. The temporary and permanent visas (Subclasses 310 and 110) allow the applicant to live, work, study and receive Medicare benefits in Australia.<ref>{{cite web |title= Interdependency Visa: Offshore Temporary and Permanent (Subclasses 310 and 110) |publisher= Department of Immigraion and Citizenship |url= http://www.immi.gov.au/migrants/partners/interdependency/110-310/index.htm |accessdate= 2008-05-01}}</ref> * [http://www.immi.gov.au/migrants/partners/interdependency/110-310/index.htm Interdependency Visa: Offshore Temporary and Permanent (Subclasses 310 and 110)] ====Military service==== In [[1992]], the [[Australian Defence Force]] (ADF) ended its prohibition on openly gay or lesbian members serving in the military. The ADF also recognizes "interdependent relationships", which include same-sex relationships, regarding benefits available to active duty members. This means equal benefits in housing, moving stipends, education assistance and leave entitlements. The ADF will acknowledge personnel’s same-sex partnerships as "interdependent relationships." These benefits apply only to ADF members who are involved in interdependent relationships with a same-sex partner. To be recognised as interdependent, same-sex partners will have to show they have a "close personal relationship" that involves domestic and financial support.<ref name = "navy">{{cite web |title = Extension of ADF conditions of service to ADF members in recognised interdependent relationships (bulletin, 2005-10-21)|publisher= Navy People Online |url= http://www.navy.gov.au/npo/seachange/docs/interdependent.html |accessdate= 2007-09-03}}</ref> ==== Civil union proposals ==== After the [[United Kingdom]] began allowing same-sex [[civil partnerships]] in December 2005, Prime Minister [[John Howard]] said he would be opposed to legislation granting similar [[civil unions]] in Australia. In 2006 the government of the [[Australian Capital Territory|ACT]], led by Chief Minister [[Jon Stanhope]], legislated for same-sex civil unions within the ACT. The legislation was overturned by the federal government with [[Philip Ruddock]] saying Stanhope was deliberately baiting them. Ruddock received criticism from the Greens party, but claimed that the ACT's policy was not for civil unions but for marriage which was legally defined within the ''The Marriage Legislation Amendment Bill''. In Australia, civil celebrants conduct commitment ceremonies so that gay and lesbian couples can participate in a ceremony to acknowledge their love and partnership. The federal government however has introduced a registration system whereby prospective celebrants must undergo Government-approved, accredited training and meet specific criteria set by the Attorney-General's Department to be declared a "fit and proper person" to hold the office of "marriage celebrant". Under the new rules a registered celebrant is not permitted to conduct legally binding commitment ceremonies for same-sex couples, although they may conduct non-legally binding ceremonies as long as both the couple and those attending are under no illusion that the ceremony is a legal marriage.<ref>{{cite web |title= Getting Married |publisher= Attorney-General's Department |url= http://www.ag.gov.au/www/agd/agd.nsf/Page/MarriageGetting_Married#section8 |accessdate= 2008-05-01}}</ref> ==== National Relationships Register ==== In [[2007]], Prime Minister [[Kevin Rudd]] said that the Government wanted to ensure same-sex couples had non-discriminatory access to tax, social security and inheritance entitlements, via nationally consistent laws and registers of relationships.<ref>{{cite web |title= No Labor plans to allow gay marriage |publisher= The Australian |url= http://www.theaustralian.news.com.au/story/0,25197,22934559-5013871,00.html |accessdate= 2008-05-01}}</ref> In December 2007, Prime Minister [[Kevin Rudd]] stated that the Government would be working on a national relationship register, similar to the one in [[Tasmania]], which would officially record an existing same-sex relationship. Neither Rudd nor the Labor Party endorse the more controversial step of approving same-sex marriage or civil unions.<ref>{{cite web |title= National register for gay couples, says Kevin Rudd |publisher= NEWS.com.au |url= http://www.news.com.au/story/0,23599,22932717-2,00.html |accessdate= 2008-05-01}}</ref> ==== HREOC inquiry and reforms ==== Following threats of disallowance of the proposed ACT civil unions legislation and subsequent complaints of discriminatory treatment, a national inquiry was launched by the [[Human Rights and Equal Opportunity Commission]] (HREOC) in April [[2006]], which investigated financial and work-related discrimination toward same-sex relationships.<ref>{{cite web |title=Australian Gay Marriage Treatment Like Apartheid Inquiry Told |publisher=365Gay.com |date=2006-10-11 |url=http://www.365gay.com/Newscon06/10/101106ozrts.htm |accessdate=2008-05-23 }}</ref> On [[21 June]] [[2007]], the HREOC released its <nowiki>'</nowiki>''Same-Sex: Same Entitlements''<nowiki>'</nowiki> report. The Commission identified 58 Commonwealth law statutes and provisions that explicitly discriminate against same-sex couples and, in some cases, their children, by using the term 'member of the opposite sex'. * [http://www.hreoc.gov.au/human_rights/samesex/report/index.html HREOC Same-Sex: Same Entitlements, Final Report (2007)] In February 2008, Attorney-General [[Robert McClelland (Australian politician)|Robert McClelland]] said that his department had gone beyond the ''HREOC 58'', identifying a total of 100 laws that discriminate against same-sex couples and hoped to see some kind of action by the middle of the year. [[Human Rights]] Commissioner Graeme Innes had previously stated that he was "very hopeful" that the HREOC 58 would be fixed by the end of 2008 – if the community kept up the public pressure.<ref>{{cite web |title= Feds find 100 laws to fix |publisher= bnews - Melbourne Star |url= http://www.bnews.net.au/content/view/1251/2/ |accessdate= 2008-02-29}}</ref> On [[16 April]] [[2008]], the [[Kevin Rudd|Rudd]] government was considering delaying the reforms (an estimated [[AUD]]$400million over 4 years) until 2009. This estimate fell considerably short of the projected [[AUD]]$1billion the Howard government believed the law reform would cost.<ref>{{cite web |title= Hurdle for gay reforms |publisher= The Australian |url= http://www.theaustralian.news.com.au/story/0,25197,23547137-5013871,00.html |accessdate= 2008-05-01}}</ref><ref>{{cite web |title= Australia may delay gay equality proposals |publisher= Pink News |url= http://www.pinknews.co.uk/news/articles/2005-7416.html |accessdate= 2008-05-01}}</ref> However two weeks later on [[30 April]] [[2008]], federal Attorney-General, [[Robert McClelland (Australian politician)|Robert McClelland]], announced that legislation to remove inequalities in 100 areas of the law would be introduced when Parliament resumes in May for the winter sittings. The proposed legislation would afford gay couples the same treatment as heterosexual de facto couples, with a delayed implementation in areas like social security and veterans affairs to be completed by mid-[[2009]]. Other areas to be reformed included health, aged care, veterans' entitlements, workers' compensation, employment and entitlements. All the changes would be operational by the middle of [[2009]]; most will begin as soon as legislation is passed. The superannuation bill was expected to pass the Senate before [[July 1]],<ref>{{cite web |title= Matching Rights for Gay Couples |publisher= Sydney Morning Herald |url= http://www.smh.com.au/news/national/matching-rights-for-gay-couples/2008/04/29/1209234862823.html |accessdate= 2008-05-01}}</ref><ref>{{cite web |title= Gay group welcomes equal rights move |publisher= Herald Sun |url= http://www.news.com.au/heraldsun/story/0,21985,23621341-5005961,00.html |accessdate= 2008-05-01}}</ref> however the [[Coalition (Australia)|Coalition]] established an inquiry to look at whether the reforms should include people in other forms of interdependent relationships.<ref>{{cite web |author= Schubert, Misha |date= 2008-06-02 |title= Coalition set to stall same-sex reform |publisher= The Age |url= http://www.theage.com.au/national/coalition-set-to-stall-samesex-reform-20080601-2kjz.html |accessdate= 2008-06-02}}</ref> Several conservative MPs moved to stop the plan, warning that replacing the terms "husband and wife" with "partner" could undermine the traditional role of marriage.<ref>{{cite web |author= Schubert, Misha |date= 2008-06-04 |title= Coalition delays same-sex couple laws |publisher= The Age |url= http://www.theage.com.au/national/coalition-delays-samesex-couple-laws-20080603-2lcd.html |accessdate= 2008-06-04}}</ref> Liberal MP [[Stuart Robert]] warned that by replacing references to a "marital relationship" with a "couple relationship" in the super laws, it may "slowly chip away at the institution of marriage". He also opposed moves in the bill to give inheritance rights to the children of a non-biological gay parent.<ref>{{cite web |author= Schubert, Misha |date= 2008-06-05 |title= Gay couples face long wait for equal rights |publisher= The Age |url= http://www.theage.com.au/national/gay-couples-face-long-wait-for-equal-rights-20080604-2lwl.html |accessdate= 2008-06-05}}</ref> The coalition has used its Senate majority to delay legislation removing same-sex discrimination from commonwealth laws until the end of September.<ref>{{cite web |date= 2008-06-18 |title= Coalition delay same-sex legislation |publisher= The Age |url= http://news.theage.com.au/national/coalition-delay-samesex-legislation-20080618-2sk6.html |accessdate= 2008-06-19}}</ref> * Pending Legislation: [http://parlinfoweb.aph.gov.au/piweb/browse.aspx?path=Legislation%20%3e%20Current%20Bills%20by%20Title%20%3e%20Same-Sex:%20Same%20Entitlements%20Bill%202007%20%5b2008%5D Same-Sex: Same Entitlements Bill 2007 (2008)] * Pending Legislation: [http://parlinfoweb.aph.gov.au/piweb/browse.aspx?path=Legislation%20%3e%20Current%20Bills%20by%20Title%20%3e%20Same-Sex%20Relationships%20(Equal%20Treatment%20in%20Commonwealth%20Laws—Superannuation)%20Bill%202008 Same-Sex Relationships (Equal Treatment in Commonwealth Laws – Superannuation) Bill 2008] * Pending Legislation: [http://parlinfoweb.aph.gov.au/piweb/browse.aspx?path=Legislation%20%3e%20Current%20Bills%20by%20Title%20%3e%20Family%20Law%20Amendment%20(De%20Facto%20Financial%20Matters%20and%20Other%20Measures)%20Bill%202008 Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008] ==== Social Security Act 1991 ==== [[Centrelink]], a federal agency which handles the disbursement of [[Social Security (Australia)|social security]] and welfare, follows Commonwealth law and does not recognize same-sex relationships, although they will honor all other cohabitating opposite-sex/de facto relationships. While this reduces the amount of government benefits for same-sex couples, this does allow the non-working partner to claim benefits as a single person, such as [[Social Security (Australia)#Parenting Payment|single parenting payments]]. With the federal reforms announced in April 2008, Centrelink is expected to recognise same-sex couples and consider the total income of the household by mid-[[2009]].<ref>{{cite web |title= Equality may lead to cut in payments |publisher= The Age |url= http://www.theage.com.au/news/national/equality-may-lead-to-cut-in-payments/2008/04/30/1209234958384.html |accessdate= 2008-05-01}}</ref><ref>{{cite web |title= 'Winners and losers' in new gay laws |publisher= The Australian |url= http://www.theaustralian.news.com.au/story/0,25197,23621817-2702,00.html |accessdate= 2008-05-01}}</ref> ==== Inheritance and property rights ==== Without the automatic legal protections that married couples receive under the law with regard to [[inheritance|inheriting]] [[asset]]s from their partners, same sex couples have had to take specific legal actions. Individuals are not entitled to a partial [[pension]] if their same-sex partner dies. Gay and de facto couples who separate do not have the same property rights as married couples under federal law and must use state courts, rather than the Family Court, to resolve disputes. The plan to grant equivalent rights to gays and de factos has been up for discussion since [[2002]], and all states eventually agreed, but the change was blocked because the [[John Howard|Howard]] government insisted on excluding gay couples.<ref>{{cite web |title= Push for equal gay and de facto couples' rights |publisher= The Australian |url= http://www.theaustralian.news.com.au/story/0,25197,23000269-5013945,00.html |accessdate= 2008-05-01}}</ref> With the increased legal recognition of domestic partnerships, this situation is changing. For example, [[Superannuation in Australia|superannuation]] (tax-incentivised retirement funds) legislation recognised "interdependent relationships", which included same-sex relationships.{{Fact|date=August 2007}} The announced changes to 100 pieces of federal legislation in [[2008]] would allow individuals to be entitled to a partial pension if their same-sex partner dies.<ref>{{cite web |title= Judge against anti-gay message |publisher= News.com.au |url= http://www.news.com.au/story/0,23599,23615092-29277,00.html |accessdate= 2008-05-01}}</ref> Gay and de facto couples who separate are expected to win the same property rights as married couples under federal law. The changes would allow them to resolve disputes in the Family Court rather than state courts. Family Court would also adjudicate on the division of assets, including superannuation. In June 2008, The [[Kevin Rudd|Rudd]] Government introduced the ''Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008'' to allow same-sex de facto couples access to the federal Family Court on property and maintenance matters, rather than the more expensive state Supreme Court. The reforms are not part of the 100 equality measures promised by the Government but stem from a 2002 agreement between the states and territories that the previous Howard Government did not fulfill.<ref>{{cite web |title= Family Court Changes Afoot |author= Dennett, Harley |date= 2008-06-26 |publisher= SSOnet |url= http://www.ssonet.com.au/display.asp?ArticleID=8583 |accessdate= 2008-07-01}}</ref> === State and territory level === At [[States and territories of Australia|state and territory]] levels, there is some form of recognition for same-sex couples, mainly through being considered in ''[[de facto]]'' relationships. De facto couples, for example in the [[Australian Capital Territory|ACT]], [[South Australia]], [[Tasmania]] and soon [[Victoria (Australia)|Victoria]], have access to many spousal rights and can easily prove that a relationship exists through a registry or agreement. However in [[New South Wales]], [[Western Australia]], [[Northern Territory]] and [[Queensland]], same-sex and de facto couples often must go to court to prove a relationship exists. The inability of same sex couples to have conclusive evidence of their relationships can make it difficult for them to access rights accorded to them under the law. In November 2007, with the Labor party winning a large number of seats in all levels of government, debate about civil partnership(s) was re-introduced.<ref>{{cite web |title= New Push To Legalize Gay Unions In Australia |publisher= 365Gay.com |url= http://www.365gay.com/Newscon07/11/113007omar.htm |accessdate= 2008-05-01}}</ref><ref>{{cite web |title= It's Howard's fault: Costello |publisher= Brisbane Times |url= http://www.brisbanetimes.com.au/articles/2007/11/30/1196394626937.html |accessdate= 2008-05-01}}</ref><ref>{{cite web |title= Gay unions won't be blocked under Labor |publisher= GenerationQ.net |url= http://www.generationq.net/articles/Gay-unions-wont-be-blocked-under-Labor-00001.html |accessdate= 2008-05-01}}</ref> All [[states and territories of Australia]] (except for [[Queensland]]), have [[Ages of consent in Australia and Oceania|age of consent]] legislation that applies equally regardless whether the participants are male or female, same-sex or opposite-sex. Queensland's age of consent is 16, however it still has a "[[sodomy law]]" in their statutes dating back to [[1990]], punishing [[anal sex]] involving any person under 18 with up to 14 years in prison.<ref>{{cite web |title= Age Of Consent & Sodomy Law awareness in Queensland Australia - need for urgent action |publisher= Queer Radio |url= http://www.queerradio.org/AgeOfConsent.htm |accessdate= 2008-04-04}}</ref> [[Image:Same sex marriage Australia map.svg|right|thumb|Status of same-sex unions in Australia. {{legend|#980098|Same-sex marriage or civil union}} {{legend|#0000FF|Same-sex partnership registry}} {{legend|#009800|Domestic partnership agreement}} {{legend|#FFFF00|Registered partnerships being debated}} {{legend|#FF9800|Defined statewide as "De facto"}} {{legend|#FF0000|State same-sex marriage ban}}]] {| class=wikitable |- ! !Official relationship status !Anti-discrimination legislation !Pending legislation |- |[[Australian Capital Territory|ACT]] | [[Image:Yes check.svg|10px|Yes]] Civil Partnership (Registry) | [[Image:Yes check.svg|10px|Yes]] | - |- |[[New South Wales]] | Relationships Register (City of Sydney); Defined statewide as 'De facto', no registry | [[Image:Yes check.svg|10px|Yes]] | - |- |[[Northern Territory]] | Defined as 'De facto', no registry | [[Image:Yes check.svg|10px|Yes]] | - |- |[[Queensland]] | Defined as 'De facto', no registry | [[Image:Yes check.svg|10px|Yes]] | The Queensland Government has announced it will be considering the creation of a relationship register in late 2008. |- |[[South Australia]] | [[Image:Yes check.svg|10px|Yes]] Domestic Partnership (Agreement) | [[Image:Yes check.svg|10px|Yes]] | - |- |[[Tasmania]] | [[Image:Yes check.svg|10px|Yes]] Registered Partnership(Registry) | [[Image:Yes check.svg|10px|Yes]] | The ''[http://www.parliament.tas.gov.au/bills/43_of_2008.htm Same-Sex Marriage Bill 2008]'' was introduced into State Parliament on 1 July 2008. |- |[[Victoria (Australia)|Victoria]] | Relationships Register (Cities of Melbourne and Yarra) [[Image:Yes check.svg|10px|Yes]] Domestic Partnership (Registry) statewide (1 Dec 2008) | [[Image:Yes check.svg|10px|Yes]] | The ''[http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/f932b66241ecf1b7ca256e92000e23be/a7417ce604d359deca25742c0022ec95!OpenDocument Relationships Act 2008]'' (assented 4 May 2008, commences 1 Dec 2008); ART/Surrogacy Bill expected to be introduced mid-2008. |- |[[Western Australia]] | Defined as 'De facto', no registry | [[Image:Yes check.svg|10px|Yes]] | ''[http://www.parliament.wa.gov.au/parliament/bills.nsf/BillProgressPopup?openForm&ParentUNID=2367191EC00F041DC82572900027AC3F Surrogacy Bill 2007]'' being debated in Upper House |} ==== ACT ==== The ''ACT Discrimination Act 1991''<ref>[http://www.austlii.edu.au/au/legis/act/consol_act/da1991164/ ACT Discrimination Act 1991]</ref> prohibits discrimination based on sexuality and transexuality (and other grounds) in: access to premises; membership or services of a club; access to or membership of a professional or trade organisation; provision of goods, services or facilities; accommodation; partnerships and qualifying bodies; education; requests for information; work and employment.<ref name = "human">{{cite web |title = Annual Report 2005-2006 |publisher= ACT Human Rights Office |url= http://www.hrc.act.gov.au/assets/docs/acthroannualreport0506.pdf |accessdate= 2007-09-03}}</ref> The first legislation to officially recognise same-sex couples in the [[Australian Capital Territory|ACT]] was the ''Domestic Relationship Act 1994''. Attempts were made by the ACT to recognize [[Civil union|Civil Partnerships]] starting in [[2006]] under Chief Minister [[Jon Stanhope]]. The ''[[Civil Unions Act 2006]]'', which created [[civil unions]] for same-sex and opposite-sex couples and made them legally equivalent to [[marriage]], was enacted on [[9 June]] 2006, but quickly disallowed by the Governor-General on [[13 June]] 2006 under the direction of Attorney General [[Philip Ruddock]], part of the [[Liberal Party of Australia|Liberal]] federal government led by [[John Howard|Howard]]. A second ACT bill, the ''Civil Partnerships Bill 2006'', was blocked again in February 2007. In December [[2007]], following the elections and the newly elected Labor Government, the ''Civil Partnerships Bill'' went before the ACT Legislative Assembly.<ref>{{cite web |title= Media Release:ACT welcomes Prime Minister's commitment to self-government |publisher= Jon Stanhope | Chief Minister, Australian Capital Territory |url= http://www.chiefminister.act.gov.au/media.asp?media=3254&section=52&title=Media%20Release&id=52 |accessdate= 2008-05-01}}</ref> In February [[2008]], [[Attorney-General]] [[Robert McClelland]] responded to the proposed ACT legislation, saying the [[Kevin Rudd|Rudd]] Government would not allow civil unions, and reiterated [[Australian Labor Party|Labor]]'s preference for a system of state-based relationship registers, similar to [[Tasmania]]'s model. McClelland said that "the ceremonial aspects of the ACT model were inappropriate."<ref>{{cite web |title= Gay unions are OK ... just don't do it in public |publisher= The Australian |url= http://www.theaustralian.news.com.au/story/0,25197,23172362-12339,00.html |accessdate= 2008-05-01}}</ref> In May 2008, after several attempts to amend the scheme, ACT Attorney-General Simon Corbell announced the Territory had abandoned its civil partnerships legislation and settled for a system of relationship registers virtually identical to the ones operating in [[Tasmania]] and [[Victoria (Australia)|Victoria]]. The federal Government had not compromised at any point during negotiations.<ref>{{cite web |title= ACT made to axe gay unions |publisher= The Australian |url= http://www.theaustralian.news.com.au/story/0,25197,23644429-2702,00.html |accessdate= 2008-05-05}}</ref><ref>{{cite web |title= Federal veto forces ACT backdown on gay unions |publisher= The Age |url= http://www.theage.com.au/news/national/federal-veto-forces-act-backdown-on-gay-unions/2008/05/04/1209839456815.html |accessdate= 2008-05-05}}</ref> The legislation passed the ACT [[Australian Capital Territory Legislative Assembly|Legislative Assembly]] on [[8 May]] [[2008]], giving same-sex couples increased access to superannuation, taxation and social security law reforms. While legislative ceremonies were removed from the Bill, an administrative ceremony may be performed by a representative the the ACT Register-General. The ''Civil Partnerships Act 2008'' commenced on [[19 May]] [[2008]].<ref>{{cite web |title= Watered down same-sex laws pass in ACT |publisher= Syney Morning Herald |url= http://news.smh.com.au/watered-down-samesex-laws-pass-in-act/20080509-2ch7.html |accessdate= 2008-05-09}}</ref><ref>{{cite web |title= Civil Partnerships Act 2008 |publisher= ACT Government |url= http://www.legislation.act.gov.au/a/2008-14/default.asp |accessdate= 2008-05-20}}</ref><ref>{{cite web |title= ACT recognises same sex couples |publisher= The Age |url= http://www.theage.com.au/news/bridal/act-recognises-same-sex-couples/2008/05/20/1211182782436.html |accessdate= 2008-05-20}}</ref> * [http://www.rgo.act.gov.au/bdmcp.shtml ACT Registry of Births, Deaths and Marriages - How to enter into a Civil Partnership] ==== New South Wales ==== In [[1977]], the ''[[Anti-Discrimination Act 1977]]''<ref>[http://www.austlii.edu.au/au/legis/nsw/consol_act/aa1977204/ Anti-Discrimination Act 1977]</ref> which prohibits discrimination in places of work, the public education system, delivery of goods and services, and other services such as banking, health care, property and night clubs was passed in [[New South Wales]].<ref name= "ad1">{{cite web |title= Homosexual Discrimination |publisher= Anti-Discrimination Board of New South Wales |url= http://www.lawlink.nsw.gov.au/lawlink/adb/ll_adb.nsf/vwFiles/homosexual%200306.pdf/$file/homosexual%200306.pdf |accessdate= 2007-09-03}}</ref> Its also Illegal to discriminate against a persons HIV/AIDS status. The ''Workers Compensation Act'', the ''Victims Compensation Act'' and the ''Criminal Procedure Act'' have been reformed to include same-sex couples in addition to a further 60 pieces of legislation through the ''Property (Relationships) Legislation Amendment Act'' from [[1999]], and again in [[2002]] through the ''Miscellaneous Acts Amendment (Relationships) Act''. All these Acts includes dependents both opposite-sex and same-sex partners, parents, carers and siblings. The city of [[Sydney]] (since [[2005]]) provides a [[City of Sydney Relationships Declaration|Relationships Declaration Program]] available for all couples offering limited legal recognition. While making a relationship declaration does not confer legal rights in the way marriage does, it may be used to demonstrate the existence of a de-facto relationship within the meaning of the NSW ''Property (Relationships) Act 1984'' and other legislation. <ref name= "declaration">{{cite web |title= Relationships Declaration Program |publisher= City of Sydney |url= http://www.cityofsydney.nsw.gov.au/Community/ServicesAndPrograms/RelationshipsDeclarationProgram.asp |accessdate= 2007-09-03}}</ref><ref>{{cite web |title= Legal Recognition for Gay Couples |publisher= Victorian Gay and Lesbian Rights Lobby and Law Institute of Victoria 2002 |url= http://www.over-the-rainbow.org/main/topic1_3.htm |accessdate= 2007-09-03}}</ref><ref>{{cite web |title= Same Sex Relationships |publisher= Victorian Equal Opportunity and Human Rights Commission |url= http://www.equalopportunitycommission.vic.gov.au/publications/rights%20brochures/same%20sex%20relationships.asp |accessdate= 2007-09-03}}</ref> <ref>{{cite web |title= Australian City To Launch Gay Partner Registry |publisher= Gay News from 365Gay.com |url= http://www.365gay.com/Newscon06/11/111706ozPartner.htm |accessdate= 2007-09-03}}</ref> <ref>{{cite web |title= Hooray for Melbourne and gay sex! |publisher= ISFAT.com |url= http://www.isfat.com/forum/index.php?showtopic=1220 |accessdate= 2007-09-03}}</ref> <ref>{{cite web |title= Melbourne City Council - ‘Relationships Declaration Register’ |publisher= Salt Shakers |url= http://www.saltshakers.org.au/html/P/9/B/369/ |accessdate= 2007-09-03}}</ref> On [[6 September]] [[1999]], [[New South Wales Attorney-General's Department|New South Wales Attorney General]] Hon J. W. Shaw QC MLC requested the [[Law Reform Commission of New South Wales]] to inquire into Relationships and the Law.<ref>{{cite web |title= Relationships and the law |publisher= Law Reform Commission New South Wales |url= http://www.lawlink.nsw.gov.au/lawlink/lrc/ll_lrc.nsf/pages/LRC_cref101 |accessdate= 2008-05-01}}</ref> The inquiry, which followed new relationship and property laws at the time, also looked at children of same-sex couples and recognition of their relationship with both parents. The commission's report on relationships was very extensive, included many recommendations and took the LRC itself seven years to complete. The report was handed to the previous NSW Attorney-General in June [[2006]]. The current NSW Attorney General, [[John Hatzistergos]], blocked access to the report for two years on the grounds he would table it in [[Parliament of New South Wales|parliament]] sometime in the future. Previous reports by the commission have recommended stepparent adoption provisions to include same-sex de facto relationships.<ref>{{cite web |title= Relationship rights in limbo |publisher= SSOnet |url= http://www.ssonet.com.au/display.asp?ArticleID=8122 |accessdate= 2008-05-01}}</ref> * Law Reform Commission Report: [http://www.lawlink.nsw.gov.au/lawlink/lrc/ll_lrc.nsf/pages/LRC_r113toc Report 113 (2006) - Relationships] On [[4 June]] [[2008]], the New South Wales Parliament passed the ''Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008''<ref name="MAASSR">{{cite web |title= Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 |publisher= Parliament of New South Wales |url= http://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/0/6190E964D5CF2F57CA257441001D330C |accessdate= 2008-06-11}}</ref> which recognises co-mothers as legal parents of children born through donor insemination, provides birth certificates allowing both mums to be recognised, creates amendments to 50 pieces of NSW legislation to ensure de facto couples, including same-sex couples, are treated equally with married couples, and creates amendments to the NSW Anti-Discrimination Act to ensure same-sex couples are protected from discrimination on the basis of their relationship status in employment, accommodation and access to other goods and services. Adoption and surrogacy parenting reforms will not be included. A lesbian or gay couple will still not be able to adopt as a couple – but may adopt as individuals. Male couples were excluded from most of the parenting-related legislation. The bill passed with a vote of 64-11. The Law Reform Commission report recommended an optional statewide registry for same-sex couples, but no statewide registries will be created.<ref name="nswtaylor">{{cite web |title= New Laws for Same Sex Families |publisher= SameSame.com.au |date= 2008-04-23 |author= Taylor, Christian |url= http://www.samesame.com.au/news/local/2328/New-Laws-For-Same-Sex-Families.htm |accessdate= 2008-05-01}}</ref><ref>{{cite web |title= Parenting reforms welcomed |publisher= SX News |date=2008-06-11 |url= http://sxnews.e-p.net.au/news/parenting-reforms-welcomed-3203.html |accessdate= 2008-06-11}}</ref> * [http://www.cityofsydney.nsw.gov.au/Community/ServicesAndPrograms/RelationshipsDeclarationProgram.asp Sydney Relationships Declaration Program] ==== Northern Territory ==== In March 2004, the [[Northern Territory]] enacted the ''Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003'' to remove legislative discrimination against same sex couples in most areas of territory law. The Act removed distinctions based on a person's gender, sexuality or de facto relationship in approximately 50 Acts and Regulations. As in NSW and the ACT, reform has also included enabling the lesbian partner of a woman to be recognized as the parent of their partner’s child across State law. Members of the Legislative Assembly in the Northern Territory can take their same-sex partners with them on overseas trips at taxpayer expense, the territorial Remuneration Tribunal ruled on 9 December 2003. The tribunal redefined a de-facto spouse as a "person who is not married to the Member, but is in a marriage-like relationship with the Member." The [[Northern Territory]] ''Anti-Discrimination Act 2007'' <ref name = "ada">{{cite web |title= Anti-Discrimination Act 2007 |publisher= Austlii |url= http://www.austlii.edu.au/au/legis/nt/consol_act/aa204/ |accessdate= 2008-05-08}}</ref> prohibits discrimination based on sexuality. <ref name = "anti">{{cite web |title= Anti-Discrimination Act |publisher= Department of Justice |url= http://notes.nt.gov.au/dcm/legislat/legislat.nsf/d989974724db65b1482561cf0017cbd2/b3716eecb1d8ece0692572ca000fd0b0?OpenDocument#19.%20Prohibition%20of%20discrimination |accessdate= 2007-09-03}}</ref> ==== Queensland ==== In December [[2002]], [[Queensland]]'s ''Discrimination Law Amendment Act 2002'' created a new, non-discriminatory definition of "de facto partner" into 61 pieces of legislation which include superannuation entitlements. Amendments were made to the ''Property Law Amendment Act'' to recognize same-sex partners in regard to the distribution of property in the event of a separation. In Queensland, a person who is in a same sex spousal or intimate personal relationship is protected by the ''Domestic and Family Violence Protection Act 1989''. So Couples in same-sex relationships who are victims of relationship violence may take out domestic violence orders against a violent partner, and other protective measures, including counseling services. Queensland prohibits discrimination based on sexual orientation and gender identity in the ''Anti-Discrimination Act 1991''. The areas covered are work and work related; education; goods and services; superannuation and insurance; disposal of land; accommodation; club membership; administration of state laws and programs; local government; existing partnership and in pre-partnership. <ref name = "qld">{{cite web |title= Sexuality Discriminiation and Vilification |publisher= Anti-Discrimination Commission Queensland |url= http://www.adcq.qld.gov.au/Brochures07/sexuality.html |accessdate= 2007-09-03}}</ref><ref>{{cite web |title= Anti-Discrimination Act 1991 |publisher= Austlii |url= http://www.austlii.edu.au/au/legis/qld/consol_act/aa1991204/ |accessdate= 2008-05-13}}</ref> Queensland's ''Industrial Relations Act 1999'' includes same-sex partners in the definition of spouse. This gives same-sex partners access to state-based parental, family, bereavement and carer’s leave provisions. The ''Equal Opportunity in Public Employment Act 1992'' and the ''Public Service Act 2008'' promotes equality of employment in the public sector. In June [[2008]], Queensland Attorney-General [[Kerry Shine]] announced that the Queensland Government will begin considering a relationships registry for same-sex couples in the second half of 2008.<ref>{{cite web |title= Queensland considers relationship register |author=Dennett, Harley |publisher= Sydney Star Observer |url= http://www.ssonet.com.au/display.asp?ArticleID=8465 |accessdate= 2008-06-11}}</ref> ==== South Australia ==== [[South Australia]]'s ''Equal Opportunity Act 1984'' includes "sexual orientation/sexuality/gender identity", making it illegal to discriminate in clubs, pubs, other establishments, restaurants, housing, memberships to establishments, goods and services, education and training, etc.<ref>{{cite web |title= Equal Opportunity Act 1984 |publisher= Austlii |url= http://www.austlii.edu.au/au/legis/sa/consol_act/eoa1984250 |accessdate= 2008-05-01}}</ref> In 2003, [[South Australia]] passed the ''Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003 (number 13)''.<ref name = "SAAct3">{{cite web |title= Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) ACT 2003 (NO 13 OF 2003) |publisher= South Australian Numbered Acts |url= http://www.austlii.edu.au/au/legis/sa/num_act/sasefssca200313o2003832/ |accessdate= 2007-09-03}}</ref> South Australia became the first state to consider allowing civil unions for gay couples when MP Mark Brindal proposed the ''Civil Unions Bill 2004'' in October 2004. Brindal said, "Same sex attracted people make invaluable contributions to society, and society can no longer afford the hypocrisy to deny them the right to formalise their relationships."<ref>{{cite web |title= South Australian MP fights for more gay rights (15 October 2004) |publisher= Pink Guide |url= http://www.pinkguide.com/node/1648 |accessdate= 2008-05-01}}</ref><ref>{{cite web |title= South Australia to consider same-sex civil unions (19 October 2004) |publisher= Fridae.com |url= http://www.fridae.com/newsfeatures/article.php?articleid=1332&viewarticle=1&searchtype=all |accessdate= 2008-05-01}}</ref> Following the failure of the 2004 Civil Unions Bill, the ''Statutes Amendment (Relationships No 2) Bill 2005'' was written to amend 82 South Australian laws, so that same-sex and heterosexual couples would be treated identically. This also failed to pass the House.<ref>{{cite web |title= Protesters criticise SA same sex couple laws (11 October 2005) |publisher= ABC News |url= http://www.abc.net.au/news/stories/2005/10/11/1479371.htm |accessdate= 2008-05-01}}</ref> The ''Statutes Amendment (Domestic Partners) Act 2006 (Number 43)'', which took effect [[1 June]] [[2007]], amended 97 [[Act of Parliament|Acts]], dispensing with the term "de facto" and categorising couples as "domestic partners". This meant same-sex couples and any two people who live together are now covered by the same laws. Same-sex couples may make a written agreement called a ''Domestic Partnership Agreement'' about their living arrangements. This may be prepared at any time and is legal from the time it is made, but must meet other requirements, such as joint commitments, before being recognised as domestic partners. Until the bill’s passage [[South Australia]] was the only state or territory to not recognize same-sex couples in legislation.<ref name = "SAAct1">{{cite web |title= Statutes Amendment (Domestic Partners) ACT 2006 (NO 43 OF 2006) |publisher = South Australian Numbered Acts |url= http://www.austlii.edu.au/au/legis/sa/num_act/sapa200643o2006447/ |accessdate= 2007-09-03}}</ref><ref name = "SAAct2">{{cite web |title= Statutes Amendment (Domestic Partners) Act 2006 |publisher= Government of South Australian Attorney-General's Department |url= http://www.legislation.sa.gov.au/LZ/C/A/STATUTES%20AMENDMENT%20(DOMESTIC%20PARTNERS)%20ACT%202006.aspx |accessdate= 2007-09-03}}</ref><ref>{{cite web |title= Southern Australia Approves Domestic Partners Legislation; Gay Rights Advocates Celebrate |publisher= GayWired.com |url= http://www.gaywired.com/article.cfm?section=66&id=11930 |accessdate= 2008-05-01}}</ref><ref name = "SAAct4">{{cite web |title= Southern Australia Approves Domestic Partners Legislation; Gay Rights Advocates Celebrate |publisher= gaywired.com |url= http://www.gaywired.com/article.cfm?section=66&id=11930 |accessdate= 2007-09-03}}</ref><ref name = "SAAct5">{{cite web |title= Votes on Homosexual Issues |publisher= South Australia, Australia, House of Assembly |url= http://www.actwin.com/eatonohio/gay/sahoa.html |accessdate= 2007-09-03}}</ref><ref name = "abc1">{{cite web |title= SA Upper House passes bill for same-sex rights (Thursday, [[December 7]], [[2006]]. 6:49pm (AEDT)) |publisher= ABC News Online |url= http://www.abc.net.au/news/newsitems/200612/s1806737.htm |accessdate= 2007-09-03}}</ref><ref name = "rights">{{cite web |title= South Australia gays get new rights by Tony Grew ([[7 December]] [[2006]])|publisher= pinknews.com.au |url= http://www.pinknews.co.uk/news/articles/2005-3200.html |accessdate= 2007-09-03}}</ref> *[http://www.justice.sa.gov.au/about_us/news/dompart.php South Australia Domestic Partners Legislation] Official Fact Sheets and Agreement Forms ==== Tasmania ==== The Tasmanian ''Anti-Discrimination Act 1998''<ref name = "tas">{{cite web |title= Anti-Discrimination Act 1998 |publisher= Austlii |url= http://www.austlii.edu.au/au/legis/tas/consol_act/aa1998204/|accessdate= 2008-05-08}}</ref> prohibits discrimination based on sexual orientation (and other characteristics) in: employment; education and training; provision of facilities, goods and services; accommodation (including residential and business); membership and activities of clubs; and administration of any law of State or any State program.<ref name = "tas">{{cite web |title= Employer's Responsibilities |publisher= Office of the Anti-Discrimination Commission, Tasmania |url= http://www.antidiscrimination.tas.gov.au/employers_responsibilities |accessdate= 2007-09-03}}</ref> Tasmania's ''Relationship Act 2003'' provides for registration and recognition of a type of [[registered partnership]] in two distinct categories: ''Significant Relationships'' and ''Caring Relationships''. These relationships provide a limited number of rights in the areas of Superannuation, Taxation, Insurance, Health Care, Hospital Visitation, Wills, Property Division, and Employment Conditions (such as parenting and bereavement leave). The ''Relationships (Consequential Amendments) Bill 2003'' was debated at the same time as the ''Relationships Bill 2003''. Approximately 70 Tasmanian Statutes were identified that discriminated against same sex and other non-traditional relationships, and this bill would have amended discriminatory relationships legislation by removing narrow definitions of ‘de facto spouse’ or ‘partner’ and replaced them with gender neutral definitions to include same sex partners. It failed to pass.<ref>{{cite web |title= Report on Amendment to the Relationships (Consequential Amendments) Bill 2003 |publisher= Parliament of Tasmania |url= http://www.parliament.tas.gov.au/CTEE/REPORTS/Relationships%20_Consequential%20Amendents_%20Bill%202003%20Report.pdf |accessdate= 2008-05-13}}</ref><ref>{{cite web |title= Relationships (Consequential Amendments) Bill 49 of 2003 |publisher= Austlii |url= http://www.austlii.edu.au/au/legis/tas/bill/ra49o2003411/ |accessdate= 2008-05-13}}</ref> The Greens' [[Nick McKim]] tabled the ''Same-Sex Marriage Bill'' on [[1 July]] [[2008]] which would make Tasmania the first place in the country to let same-sex couples marry. The Government and Opposition voted down a previous attempt by the Greens to allow gay marriages. There is debate whether such legislation would be valid with the Commonwealth Marriage Act contradicting it.<ref>{{cite web |title= Government to again oppose gay marriage |date=2008-07-01 |publisher= ABC News |url= http://www.abc.net.au/news/stories/2008/07/01/2291363.htm |accessdate= 2008-07-02}}</ref> * [[Domestic partnership in Tasmania]] * [http://www.justice.tas.gov.au/bdm/relationships Tasmania Relationship Registry] ==== Victoria ==== Since August [[2001]], [[Victoria (Australia)|Victoria]] has amended 60 Acts to included same-sex couples called the ''Statute Law Amendment (Relationships) Act'' and the ''Statute Law Further Amendment (Relationships) Act'' called unregistered co-habitation, legally giving same-sex couples some rights equal to those enjoyed by de facto couples, including hospital access, medical decision making, superannuation, inheritance rights, property tax, landlord/tenancy rights, mental health treatment, and victims of crime procedures. Victoria prohibits discrimination based on sexual orientation and gender identity in the ''Equal Opportunity Act 1995''.<ref name = "vic">{{cite web |title= Sexual orientation and lawful sexual activity |publisher= Victorian Equal Opportunity and Human Rights Commission |url= http://www.humanrightscommission.vic.gov.au/types%20of%20discrimination/sexual%20orientation/default.asp |accessdate= 2007-09-03}}</ref><ref>{{cite web |title= Equal Opportunity Act 1995 |publisher= Austlii |url= http://www.austlii.edu.au/au/legis/vic/consol_act/eoa1995250 |accessdate= 2008-05-01}}</ref> In March [[2006]], independent Victorian MP [[Andrew Olexander]] proposed a private member's bill to allow civil partnerships in the state, but the state government would not allow it to be drafted by the parliamentary counsel.<ref>{{cite web |title= Australian Lawmaker's Civil Unions Bill Appears Doomed (19 March 2006) |publisher= 365Gay.com |url= http://www.365gay.com/Newscon06/03/031906ozUnions.htm |accessdate= 2008-05-01}}</ref> The city of [[Melbourne]] provided a "Relationship Declaration Register" for all relationships and carers starting in [[2007]]. While the register does not confer legal rights in the way traditional marriage does, it may be used to demonstrate the existence of a de facto relationship in relation to the ''Property Laws Act 1958'', the ''Administration and Probate Act 1958'' and other legislation involving domestic partnerships.<ref>{{cite web |title= Victoria's first Relationship Declaration Register launched, Monday, 2 April 2007 |publisher= City of Melbourne |url= http://www.melbourne.vic.gov.au/info.cfm?top=228&pg=715&st=773 |accessdate= 2007-09-03}}</ref><ref>{{cite web |title= VicSame-sex register for Victoria [[April 24]], [[2007]] |publisher= News.com.au |url= http://www.news.com.au/story/0,23599,21611975-29277,00.html?from=public_rss |accessdate= 2007-09-03}}</ref><ref>{{cite web |title= Victoria's first Relationship Declaration Register launched |publisher= City of Melbourne |url= http://www.melbourne.vic.gov.au/info.cfm?top=228&pg=715&st=773 |accessdate= 2008-05-01}}</ref> The [[city of Yarra]] launched its Relationship Declaration Program on Monday 7 May 2007. Under the program two people may declare that they are partners and have this declaration recorded in the Yarra City Council Relationship Declaration Register.<ref>{{cite web |title= First Couple to Sign Declaration for the Yarra Relationship Register |publisher= City of Yarra |date=2007-05-01 |url= http://www.yarracity.vic.gov.au/publications/media%20releases/relationship%20register.asp |accessdate= 2008-06-12}}</ref> In December 2007, [[Victoria (Australia)|Victoria]]'s parliament introduced the ''Relationships Bill 2007'', to allow same-sex couples register their relationships statewide with the Registrar of Births, Deaths and Marriages. This bill also amends 69 other pieces of legislation to include couples who are in registered relationships.<ref>{{cite web |title= Relationships Bill [[2007]] |publisher= www.legislation.vic.gov.au |url= http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/PubPDocs.nsf/ee665e366dcb6cb0ca256da400837f6b/a7c96dda582fccddca2573a7007a3b1d!OpenDocument&Highlight=0,relationship |accessdate= 2008-03-13}}</ref> The Bill was passed by the [[Victorian Legislative Assembly]], or lower house on [[12 March]] [[2008]]. All Labor MPs who were present voted in favour, 24 MPs voted against the bill, 54 voted for it.<ref>{{cite web |title= Victoria's Next To Get Hitched |publisher= samesame.com.au |url= http://www.samesame.com.au/news/local/2103/Victorias-Next-To-Get-Hitched.htm |accessdate= 2008-03-13}}</ref>. The [[Victorian Legislative Council|Legislative Council]], or upper house, voted in favour of the bill without amendments on [[10 April]], [[2008]]. Approved and given [[Royal Assent]] by the Governor on [[15 April]], the relationships register will come into operation by [[1 December]], [[2008]].<ref>{{cite web |title= Vic relationships registry soon to be law (9 April 2008) |publisher= MCV |url= http://mcv.e-p.net.au/news/vic-relationships-registry-soon-to-be-law-2979.html |accessdate= 2008-05-01}}</ref> * [http://www.yarracity.vic.gov.au/council/governance/relationship%20declaration%20register.asp Yarra City Council Relationship Declaration Register] * [http://www.melbourne.vic.gov.au/info.cfm?top=208&pg=3483 Melbourne Relationship Declaration Register] * [http://online.justice.vic.gov.au/bdm/home Victoria Registry of Births, Deaths, and Marriages] ====Western Australia ==== [[Western Australia]] passed ''The Equal Opportunity Act 1984''<ref>[http://www.austlii.edu.au/au/legis/wa/consol_act/eoa1984250/ EQUAL OPPORTUNITY ACT 1984]</ref> which includes "sexual orientation/sexuality/gender idenity", making it illegal to discriminate in clubs, pubs, other establishments, restaurants, housing, memberships to establishments, goods and services, education and training, etc. The ''Acts Amendment (Lesbian and Gay Law Reform) Act 2002'' removed all remaining legislative discrimination toward sexual orientation by adding the new definition of "de facto partner" into 62 Acts, provisions and statutes. [[Western Australia]] allows same-sex couples equal access to [[adoption]] procedures and [[in vitro fertilization]] treatment. It also gives same-sex couples the same rights as opposite sex couples in areas such as transfer of property, medical treatment, and inheritance upon the death of a partner. A same-sex couple who utilise [[artificial insemination]] or 'in vitro' fertilization treatment together (i.e. both parties present as a couple throughout the treatment) are able to have both names on the [[birth certificate]] once the child is born. == Adoption and laws relating to having children == Family Law in Australia with regards to children is often based on what is considered to be in the best interest of the child. The traditional and often used assumption is that children need both a mother and a father, which plays an important role in divorce and custodial proceedings, and has carried over into adoption and fertility procedures. As laws within Australia have only recently begun to become more tolerant toward same-sex couples, there are very limited areas where same-sex couples have rights with respect to conceiving, adopting, and [[LGBT parenting|rearing]] children. Additionally, women (particularly birth mothers) are generally given more rights over children than men, giving more room for lesbian couples to adopt and have genetic children. Male couples have virtually no legal opportunities to become legally recognized parents aside from adoption except in cases of drug abuse, mental illness, and physical, sexual, and emotional abuse from the mother. [[Image:LGBTrights Australia map.svg|right|thumb|LGBT adoption rights in Australia. {{legend|#980098|LGBT couple and stepparent adoption}} {{legend|#0000FF|Same-sex stepparent adoption only}} {{legend|#009800|LGBT Individual adoption petition}} {{legend|#FFFF00|LGBT Foster parenting only}} {{legend|#FF9800|Adoption rights being debated}} {{legend|#FF0000|All same-sex adoptions banned}}]] {| class=wikitable |- ! !Same-sex couple joint petition !LGBT individual adoption !Same-sex stepparent adoption |- |[[Australian Capital Territory|ACT]] | [[Image:Yes check.svg|10px|Yes]] '''Yes''' (from 2004) | '''Yes''' | [[Image:Yes check.svg|10px|Yes]] '''Yes''' |- |[[New South Wales]] | [[Image:X mark.svg|10px|No]] No (under review since 2006) | '''Yes''' | [[Image:X mark.svg|10px|No]] No |- |[[Northern Territory]] | [[Image:X mark.svg|10px|No]] No (under review since 2007) | Only in exceptional circumstances<ref>{{cite web |title= Adoption of Children Act (NT)|publisher= Austlii |url= http://www.austlii.edu.au/au/legis/nt/consol_act/aoca191/s14.html |accessdate= 2008-05-01}}</ref> | [[Image:X mark.svg|10px|No]] No |- |[[Queensland]] | [[Image:X mark.svg|10px|No]] No | Only in exceptional circumstances<ref>{{cite web |title= Adoption of Children Act 1964 (Qld) |publisher= Austlii |url= http://www.austlii.edu.au/au/legis/qld/consol_act/aoca1964191/s12.html |accessdate= 2008-05-01}}</ref> | [[Image:X mark.svg|10px|No]] No |- |[[South Australia]] | [[Image:X mark.svg|10px|No]] No (under review since 2005) | No<ref>{{cite web |title= Adoption Act 1988 (SA) |publisher= South Australia Attorney-General's Department |url= http://www.legislation.sa.gov.au/LZ/C/A/ADOPTION%20ACT%201988.aspx |accessdate= 2008-05-01}}</ref> | [[Image:X mark.svg|10px|No]] No |- |[[Tasmania]] | [[Image:X mark.svg|10px|No]] No | Only in exceptional circumstances<ref>{{cite web |title= Adoption Act 1988 (Tas) - Sect 20. Persons in whose favour adoption orders may be made |publisher= Austlii |url= http://www.austlii.edu.au/au/legis/tas/consol_act/aa1988107/s20.html |accessdate= 2008-05-01}}</ref> | [[Image:Yes check.svg|10px|Yes]] '''Yes''' (from 2001) |- |[[Victoria (Australia)|Victoria]] | [[Image:X mark.svg|10px|No]] No<ref>{{cite web |title= Adoption Act 1984 - SECT 10A |publisher= Austlii |url= http://www.austlii.edu.au/au/legis/vic/consol_act/aa1984107/s10a.html |accessdate= 2008-05-01}}</ref> (under review since 2007) | Only in exceptional circumstances<ref>{{cite web |title= Adoption Act 1984 - SECT 11 |publisher= Austlii |url= http://www.austlii.edu.au/au/legis/vic/consol_act/aa1984107/s11.html |accessdate= 2008-05-01}}</ref> | [[Image:Yes check.svg|10px|Yes]] '''Yes''' (from 2008) |- |[[Western Australia]] | [[Image:Yes check.svg|10px|Yes]] '''Yes''' (from 2002) | '''Yes''' | [[Image:Yes check.svg|10px|Yes]] '''Yes''' |} ===Same-sex parent adoption=== [[LGBT adoption|Adoption]] for same-sex couples is currently available in [[Australian Capital Territory]] and [[Western Australia]].<ref>{{cite web |title= Adoption Act 1994 - Section 39 Criteria for application |publisher= Austlii |url= http://www.austlii.edu.au/au/legis/wa/consol_act/aa1994107/s39.html |accessdate= 2008-05-01}}</ref> In [[Tasmania]], only stepparent adoption is allowed.<ref>{{cite web |title= Adoption Act 1988, Section 20 |publisher= Austlii |url= http://www.austlii.edu.au/au/legis/tas/consol_act/aa1988107/s20.html |accessdate= 2008-05-01}}</ref> In [[New South Wales]], the ''Adoption Act 2000 (NSW)'' bans all same-sex couples (regardless), but allows single LGBT individuals to adopt.<ref>{{cite web |title= Catholics prepare for fight on gay adoption |publisher= Sydney Morning Herald |url= http://www.smh.com.au/news/national/catholics-prepare-for-fight-on-gay-adoption/2006/04/28/1146198353361.html |accessdate= 2008-05-01}}</ref> In [[Queensland]], same-sex couples cannot legally adopt a child, but can become [[Foster care|foster parents]].<ref>{{cite web |title= Same sex couples |publisher= Legal Aid Queensland |url= http://www.legalaid.qld.gov.au/Legal+Information/Relationships+and+children/Relationships/Same+sex+couples.htm |accessdate= 2008-05-01}}</ref> Single LGBT people may adopt in some states, but individuals seeking to adopt are considered less of a priority than couples and lengthy waiting lists for adoption make it virtually impossible. Individuals may usually only adopt a child with special needs or in cases of exceptional circumstances. The [[Northern Territory]], [[New South Wales]] and [[South Australia]] are expected to hand down findings reports by May 2008 to consider legalising adoption for same-sex couples. Western Australia became the first Australian state to allow same-sex adoptions when its [[Australian Labor Party|Labor]] government passed the ''Acts Amendment (Lesbian and Gay Law Reform) Act, 2002'' which in turn amended the ''Adoption Act, 1994 (WA)''. This allowed same-sex couples to adopt in accordance with criteria that assesses the suitability of couples and individuals to be parents, regardless of sexual orientation. Australia's first legal gay adoption, by two men, occurred in Western Australia in June 2007.<ref>{{cite web |title= Gay adoption 'groundbreaking' |publisher= PerthNow |url= http://www.news.com.au/perthnow/story/0,21598,21898760-2761,00.html |accessdate= 2008-05-13}}</ref><ref>{{cite web |title= First Legal Gay Adoption In Australia |publisher= SameSame.com.au |url= http://www.samesame.com.au/news/local/905/First_Legal_Gay_Adoption_In_Australia |accessdate= 2008-05-13}}</ref><ref>{{cite web |title= Australia’s First Legal Adoption For Gay Couple|publisher= efluxmedia |url= http://www.efluxmedia.com/news_Australia8217s_First_Legal_Adoption_For_Gay_Couple_06505.html |accessdate= 2008-05-13}}</ref><ref>{{cite web |title= Australia's First Gay Adoption |publisher= ProudParenting.com |url= http://www.proudparenting.com/node/390 |accessdate= 2008-05-13}}</ref> Subsequently, on 2 August 2007, the federal government under [[Prime Minister of Australia|Prime Minister]] [[John Howard]] announced it would legislate to stop same-sex couples adopting a child from overseas, and would further not recognize adopted children of same-sex couples. The federal Coalition’s proposed ''Family Law (Same Sex Adoption) Bill'' would amend the ''1975 Family Law Act'' and override state and territory laws that currently cover international adoptions. The bill was due to be introduced in the spring 2007 session of parliament, but has been taken off the agenda following the [[Australian federal election, 2007|2007 federal election]].<ref>{{cite web |title= Green Left - Stop the proposed same-sex adoption ban|publisher= Green Left |url= http://www.greenleft.org.au/2007/720/37376 |accessdate= 2008-05-13}}</ref><ref>{{cite web |title= Gay couples face overseas adoption ban |publisher= Sydney Morning Herald |url= http://www.smh.com.au/news/National/Same-sex-couples-face-adoption-ban/2007/08/02/1185648030026.html |accessdate= 2008-05-13}}</ref> When the last adoption reforms in [[New South Wales]] were passed in [[2000]], the Parliament required that a review on the need for same-sex adoption laws be undertaken no later than [[2005]] and a report be produced no later than March [[2006]]. As of [[2008]], the NSW Government has failed to release the report. Attorney-General [[John Hatzistergos]] said same-sex adoption was more complex than the current proposals and was being addressed through the Ministerial Council on Health and Community Services as part of a discussion on nationally consistent surrogacy laws.<ref>{{cite web |title= Gay adoption report overdue |publisher= SSO Net |url= http://www.ssonet.com.au/display.asp?ArticleID=8339 |accessdate= 2008-05-15}}</ref> ===Same-sex stepparent adoption=== In [[Western Australia]] and the [[Australian Capital Territory|ACT]], lesbian co-mother or gay co-father may use [[Stepparent#Stepparent_adoption|stepparent adoption]] provisions, although female couples in those states whose children were born through assisted conception may not actually need to adopt them, as the law there presumes the mother's female partner to be a legal parent as long as she consented to the conception.<ref>{{cite web |title= Is second parent adoption possible in Australia? |publisher= Gay & Lesbian Rights Lobby |url= http://www.glrl.org.au/issues/relationship_qa.htm#Q4_1 |accessdate= 2008-05-13}}</ref> In [[Tasmania]], same-sex stepparent adoption (where one partner is the biological parent of the child) became legal in 2001.<ref>{{cite web |title= Same-sex parenting |publisher= PHD Blog It |url= http://phdblogit.blogspot.com/2006/01/same-sex-parenting.html |accessdate= 2008-05-13}}</ref><ref>{{cite web |title= Gay adoption law to stay |publisher= The Age |url= http://www.theage.com.au/articles/2004/04/26/1082831496210.html |accessdate= 2008-05-13}}</ref> As of [[2008]], half of the states and territories, allow both same-sex partners to have a legally-recognised relationship with their child. However, even those laws contain a general presumption against making an adoption order because an adoption order severs the legal relationship between the child and one of the child’s birth parents. Due to the serious consequences of an adoption order, all stepparent adoption laws (including those applying to opposite-sex couples) contain a strong preference for dealing with new parenting arrangements through a parenting order rather than an adoption order. In states and territories where same-sex stepparent adoptions are not allowed, the lesbian co-mother or gay co-father may apply to the Family Court of Australia for a parenting order, as ‘other people significant to the care, welfare and development’ of the child. It provides an important "status quo" if the birth mother were to die, so for example other family members could not come and take the child. But the lesbian co-mother and gay co-father will be treated in the same way as a social parent is treated under the law; they will not be treated in the same way as a birth parent.<ref>{{cite web |title= Same Sex, Same Entitlements |publisher= Human Rights and Equal Opportunity Commission |url= http://www.humanrights.gov.au/human_rights/samesex/report/Ch_5.html |accessdate= 2008-05-13}}</ref> The Human Rights and Equal Opportunity Commission (HREOC) issued a report in [[2007]] entitled ''National Inquiry into Discrimination against People in Same-Sex Relationships'' recommended amending or creating laws recognising the relationship between a child and both same-sex parents. In particular, ''"‘Stepparent adoption’ laws should more readily consider adoption by a lesbian co-mother or gay co-father." This will require amendments to remove the prohibition on same-sex stepparent adoption in all state and territory laws other than in WA, the ACT and Tasmania."'' The final report of the Same-Sex: Same Entitlements Inquiry was tabled in Parliament on 21 June 2007. <ref>[http://www.hreoc.gov.au/Human_RightS/samesex/report/media/summary_recommendations.html Human Rights and Equal Opportunity Commission<!-- Bot generated title -->]</ref> === Assisted reproduction === Assisted Reproductive Technology (ART) comes under the jurisdiction of states and territories in Australia so national legislation cannot be used to regulate its practice. [[In Vitro Fertilization]] technologies, [[artificial insemination]], and other reproductive technologies are legal in most states and territories. After [[Victoria (Australia)|Victoria]] revises its laws in [[2008]], [[South Australia]] will be the only state that limits access to IVF to those who are infertile or carrying a genetic disorder.<ref>{{cite web |title= Victorian IVF win for lesbians |publisher= GenerationQ|url= http://www.generationq.net/articles/Victorian-IVF-win-for-Lesbians-00001.html |accessdate= 2008-05-14}}</ref> Commercial [[surrogacy]] and related [[advertising]] remains illegal in all states and territories. Altruistic surrogacy, where the surrogate receives no financial reward for her pregnancy or the relinquishment of the child, is legal in the ACT (followed by Victoria and Western Australia in 2008). With altruistic surrogacy, only expenses related to the pregnancy and birth are paid by the intended parents such as medical expenses, maternity clothing, and other related expenses. In November [[2006]], attorneys-general from all states and territories agreed in principle to uniform surrogacy regulations which meant couples would no longer have to travel to avoid illegal arrangements in their home state after Victorian Senator Stephen Conroy and his wife, Paula Benson, revealed that their daughter Isabella had been born to a surrogate mother in Sydney via the in-vitro fertilisation of a donated egg.<ref>{{cite web |title= Desperate plea for end to secret trade in human eggs |publisher= Sydney Morning Herald |url= http://www.smh.com.au/news/national/desperate-plea-for-end-to-secret-trade-in-human-eggs/2006/11/11/1162661949048.html |accessdate= 2008-05-14}}</ref><ref>{{cite web |title= Church (3 February 2006) |publisher= The Age |url= http://www.theage.com.au |accessdate= 2008-05-14}}</ref><ref>{{cite web |title= Surrogacy laws too varied, Ruddock tells states |publisher= Sydney Morning Herald |url= http://www.smh.com.au/news/national/surrogacy-laws-too-varied-ruddock-tells-states/2006/11/07/1162661684725.html |accessdate= 2008-05-14}}</ref> In April [[2007]], Federal Attorney-General [[Philip Ruddock]] called for national surrogacy laws, so couples in some states no longer have to travel elsewhere to undergo the procedure legally.<ref>{{cite web |title= Call for uniform surrogacy laws |publisher= The Australian |url= http://www.theaustralian.news.com.au/story/0,20867,21516857-2702,00.html |accessdate= 2008-05-14}}</ref> Obtaining legal parental rights for same sex partners of birth parents has only recently been addressed in limited ways. [[Victoria (Australia)|Victoria]] will be the fourth jurisdiction to recognise female partners of birth mothers as parents of [[In Vitro Fertilization|IVF]] children in [[2008]]. Male couples who arrange surrogacy using one partner's sperm, which may not even be legally possible in Australia, will face legal difficulties gaining rights for the genetic father as a 'sperm donor', and terminating the surrogate mother's rights (ideally through a stepparent adoption), which will be required in order to obtain legal recognition for the non-biological male partner. A growing number of male couples from around the world are attempting to become parents through surrogacy in America due to its favourable laws.<ref>{{cite web |title= Surrogate mothers fulfilling gay men's parenthood dreams |publisher= Sydney Morning Herald |url= http://news.smh.com.au/surrogate-mothers-fulfilling-gay-mens-parenthood-dreams/20080507-2bpn.html |accessdate= 2008-05-14}}</ref> {| class=wikitable |- ! !ART/IVF for surrogates of male couples !ART/IVF for lesbian couples !Commercial Surrogacy !Altruistic Surrogacy !Automatically recognize non-genetic parent at birth |- |[[Australian Capital Territory|ACT]] | [[Image:X mark.svg|10px|No]] No | [[Image:Yes check.svg|10px|Yes]] '''Allowed''' | Illegal | [[Image:Yes check.svg|10px|Yes]] '''Legal''' | [[Image:Yes check.svg|10px|Yes]] '''Yes''' (female couples), [[Image:X mark.svg|10px|No]] No (male couples) |- |[[New South Wales]] | [[Image:X mark.svg|10px|No]] No | [[Image:Yes check.svg|10px|Yes]] '''Allowed''' | Illegal | [[Image:X mark.svg|10px|No]] Illegal | [[Image:Yes check.svg|10px|Yes]] '''Yes''' (female couples), [[Image:X mark.svg|10px|No]] No (male couples) |- |[[Northern Territory]] | [[Image:X mark.svg|10px|No]] No | [[Image:Yes check.svg|10px|Yes]] '''Allowed''' | N/A | N/A | [[Image:Yes check.svg|10px|Yes]] '''Yes''' (female couples), [[Image:X mark.svg|10px|No]] No (male couples) |- |[[Queensland]] | [[Image:X mark.svg|10px|No]] No | [[Image:Yes check.svg|10px|Yes]] '''Allowed''' | Illegal | [[Image:X mark.svg|10px|No]] Illegal (Undergoing parliamentary inquiry, 2008) | [[Image:X mark.svg|10px|No]] No (but under review and inquiry) |- |[[South Australia]] | [[Image:X mark.svg|10px|No]] No | [[Image:X mark.svg|10px|No]] Medically infertile | Illegal | [[Image:X mark.svg|10px|No]] Illegal for same sex couples | [[Image:X mark.svg|10px|No]] No (but under review and inquiry) |- |[[Tasmania]] | [[Image:X mark.svg|10px|No]] No | [[Image:Yes check.svg|10px|Yes]] '''Allowed''' | Illegal | [[Image:X mark.svg|10px|No]] Illegal (Undergoing parliamentary inquiry, 2008) | [[Image:Yes check.svg|10px|Yes]] '''Yes''' (female couples), [[Image:X mark.svg|10px|No]] No (male couples) |- |[[Victoria (Australia)|Victoria]] | [[Image:X mark.svg|10px|No]] No | [[Image:X mark.svg|10px|No]] No (Expected to be allowed in 2008) | Illegal | [[Image:X mark.svg|10px|No]] Illegal (Expected to be legal in 2008) | [[Image:X mark.svg|10px|No]] No (Female couples expected to be recognised in 2008) |- |[[Western Australia]] | [[Image:X mark.svg|10px|No]] No | [[Image:Yes check.svg|10px|Yes]] '''Allowed''' | - (Expected to be made illegal in 2008) | [[Image:X mark.svg|10px|No]] Illegal (Expected to be legal in 2008) | [[Image:Yes check.svg|10px|Yes]] '''Yes''' (female couples), [[Image:X mark.svg|10px|No]] No (male couples) |} ==== ACT ==== The ''Substitute Parent Agreements Act 1994'' made non-commercial surrogacy legal but the birth mother and her husband were deemed to be the parents unless the genetic parents adopt the child back. In 2000, The ACT became the first state or territory to allow the genetic (heterosexual)parents of a child born through surrogacy to become its legal parents, allowing them to easily obtain a parenting order and avoid adoption.<ref>{{cite web |title= ACT approves surrogacy bill |publisher= ABC |url= http://www.abc.net.au/pm/stories/s164032.htm |accessdate= 2008-05-14}}</ref> It is illegal to advertise for a surrogate and to pay for a surrogate or an ovum donor. When two women are in a same-sex relationship, and one of them gives birth as a result of ART, her partner is presumed to be a parent of the child. The ACT’s birth registration process allows for a person to be registered as a ‘mother’, ‘father’ or ‘parent’, enabling lesbian couples to be recognised as parents on a child’s birth documents. ==== New South Wales ==== The ''Artificial Conception Act 1984 (NSW)'' gave children conceived via [[artificial insemination]] the same status as children conceived naturally; in other words, the birth mother and her husband were deemed to be the legal parents. This was later repealed and updated with the ''Status of Children Act 1996 (NSW)'' which said the same thing, but accounted for a donated ova. Prior to [[2007]], there were no laws in place to deal with [[surrogacy]] in the state. This changed with the ''Assisted Reproductive Technology Act 2007'' which declared commercial surrogacy to be illegal and all surrogacy contracts to be void.<ref>{{cite web |title= Assisted Reproductive Technology Act 2007 |publisher= Austlii |url= http://www.austlii.edu.au/au/legis/nsw/consol_act/arta2007367/ |accessdate= 2008-05-14}}</ref> The bill reiterated previous legislation, declaring that the birth mother and her husband are lawfully deemed to be the legal parents.<ref>{{cite web |title= Legislation around Australia - Reproductive Technology |publisher= Department of Human Services |url= http://www.dh.sa.gov.au/reproductive-technology/other.asp |accessdate= 2008-05-14}}</ref> Socially-infertile women (lesbians) are permitted access to IVF treatment in [[New South Wales]]. Medicare funding, however, requires the couple to be medically infertile, which makes it only available to heterosexual couples because of an assumption that the man is medically infertile. A lesbian couple would not have a medical condition that makes the couple infertile.<ref>{{cite web |title= No Medicare for lesbians' IVF |publisher= The Age |url= http://www.theage.com.au/news/national/no-medicare-for-lesbians-ivf/2007/12/18/1197740272624.html |accessdate= 2008-05-14}}</ref> There has been controversy with a clause in the ''Assisted Reproductive Technology Act 2007'' that allows donors to nominate classes of people to whom their sperm or eggs may not be given, allowing for discrimination against ethnic, religious and other minorities, including same-sex couples.<ref>{{cite web |title= Donor can ban Muslims, lesbians |publisher= News.com.au |url= http://www.news.com.au/dailytelegraph/story/0,22049,22832709-5006009,00.html?id=#vote-now-form |accessdate= 2008-05-14}}</ref> On [[4 June]] [[2008]], the New South Wales Parliament passed the ''Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008''<ref name ="MAASSR"/> which recognises co-mothers as legal parents of children born through donor insemination, provides birth certificates allowing both mums to be recognised, Adoption and surrogacy parenting reforms were not included. The bill passed with a vote of 64-11.<ref name="nswtaylor"/><ref>{{cite web |title= Parenting reforms welcomed |publisher= SX News |date=2008-06-11 |url= http://sxnews.e-p.net.au/news/parenting-reforms-welcomed-3203.html |accessdate= 2008-06-11}}</ref> * Legislation (Passed): [http://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/0/6190E964D5CF2F57CA257441001D330C Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008] ==== Northern Territory ==== The [[Northern Territory]] was the second jurisdiction to extend a presumption of parentage to lesbian partners in [[2003]] with its ''Status of Children Act 2003'', following Western Australia's lead in [[2002]].<ref>{{cite web |url= http://sxnews.e-p.net.au/frontpage/one-state-one-mother-2731.html |title= One state, one mother |accessdate=2008-06-03 |author= Millbank, Jenni |date= 2008-04-02 |publisher=SX News}}</ref><ref>{{cite web |url= http://notes.nt.gov.au/dcm/legislat/legislat.nsf/d989974724db65b1482561cf0017cbd2/2c0bd4a258cca8a469256ecb001a34c3?OpenDocument&Highlight=0,parentage#5DA.%20Rule%20relating%20to%20parentage%20 |title= Status of Children Act |accessdate=2008-06-03 |date= 2004-03-17 |publisher=NT Department of Justice}}</ref> ==== Queensland ==== The ''Surrogate Parenthood Act 1988'', which commenced on [[6 October]] [[1988]], prohibits all forms of [[surrogacy]], formal and informal, paid and altruistic. All surrogacy contracts are void and entering into an agreement (or offering to do so), as well as giving or receiving payment are prohibited. Any advertising in relation to surrogacy is also prohibited.<ref>{{cite web |url= http://www.austlii.edu.au/au/legis/qld/consol_act/spa1988242 |title= Surrogate Parenthood Act 1988 |accessdate= 2008-06-04 |publisher= Austlii}}</ref> In May [[2008]], a parliamentary committee was formed to examine whether to decriminalise altruistic surrogacy in Queensland. Commercial surrogacy has already been ruled out.<ref>{{cite web |url= http://www.news.com.au/story/0,23599,23656433-421,00.html |title= Surrogacy laws driving couples interstate |accessdate= 2008-06-04 |author= Odgers, Rosemary |date= 2008-05-07 |publisher= NEWS.com.au }}</ref><ref>{{cite web |url= http://qlp.e-p.net.au/news/qld-surrogacy-ban-under-review-1957.html |title= Surrogacy ban under review |accessdate= 2008-06-04 |author= |date= 2008-05-07 |publisher= Queensland Pride}}</ref> The committee is scheduled to submit their report to Parliament by the end of September. Socially-infertile women (lesbians) are permitted access to IVF treatment in Queensland. * [http://www.parliament.qld.gov.au/surrogacy/view/committees/committees.asp?area=SURROGACY&LIndex=13&SubArea=SURROGACY Queensland Parliament Investigation into Altruistic Surrogacy] Public submissions closed 13 June 2008. Public hearings will be held in the Parliamentary Annexe on 7 and 8 July 2008. ==== South Australia ==== The ''Family Relationships Act 1975 (SA)'' made surrogacy illegal and surrogacy contracts void. It also states that a woman who gives birth to a child is the mother of the child, regardless of genetics. The Act does not include a provision for parentage applying to same-sex couples. <ref>[http://www.legislation.sa.gov.au/LZ/C/A/FAMILY%20RELATIONSHIPS%20ACT%201975.aspx Family Relationships Act 1975]</ref> The ''Statutes Amendment (Surrogacy) Bill 2008'' which legalised gestational surrogacy for heterosexual couples was passed by the [[Parliament of South Australia]] on [[18 June]] [[2008]]. However an amendment introduced by Labor MP [[Ian Hunter]] that would have allowed anyone in a same sex relationship access to gestational surrogacy was rejected.<ref>{{cite web |url= http://www.news.com.au/adelaidenow/story/0,22606,23887612-5006301,00.html |title= Gay couples lose surrogacy access |accessdate=2008-06-19 |author= Vaughan, Joanna |date= 2008-06-19 |publisher=Adelaide Now...}}</ref> The ''Reproductive Technology (Clinical Practices) Act 1988 (SA)'' states that artificial fertilisation procedures are only for the benefit of married couples (husband and/or wife) who appear to be infertile. In 1996 the Supreme Court of South Australia found that the restriction of access to treatment on the basis of marital status contravened the ''Sex Discrimination Act 1984 (Cth)''. Lesbian women who are single or in a relationship currently have access to IVF treatment, but they must be considered to be "medically infertile". ==== Tasmania ==== The ''Status of Children Act 1974'' states that the woman who gives birth to the child is the mother, regardless of genetics. The Act makes no mention of same-sex couples, however a report by the Joint Standing Committee on Community Development proposed amending the Act to recognise the lesbian partner as a parent via the ''Relationships (Consequential Amendments) Bill 2003'' but it failed to pass.<ref>{{cite web |url= http://www.parliament.tas.gov.au/CTEE/REPORTS/Relationships%20_Consequential%20Amendents_%20Bill%202003%20Report.pdf |title= Report on Amendments to the Relationships Bill 2003 |accessdate=2008-06-04 |publisher= Joint Standing Committee on Community Development}}</ref> The ''Surrogacy Contracts Act 1993'' made surrogacy illegal and surrogacy contracts void.<ref>{{cite web |url= http://www.austlii.edu.au/au/legis/tas/consol_act/sca1993243/ |title= Surrogacy Contracts Act 1993 |accessdate=2008-06-04 |date= 1993 |publisher= Austlii}}</ref> In April 2008, altruistic surrogacy in Tasmania began undergoing a parliamentary inquiry after the nation's Attorneys-General agreed to develop a uniform framework to allow conditional, non-commercial surrogacy.<ref>{{cite web |url= http://www.abc.net.au/news/stories/2008/04/02/2205409.htm |title= Mixed reactions to surrogacy proposals |accessdate=2008-06-04 |date= 2008-04-02 |publisher= ABC News}}</ref> * [http://www.parliament.tas.gov.au/CTEE/surrogacy.htm Tasmania Legislative Council Select Committee – Surrogacy] Submissions closed 02 May 2008 ==== Victoria ==== In May [[1988]], [[Victoria (Australia)|Victoria]] became the first State in Australia in which a child was born by use of IVF [[surrogacy]]. In July 1988, sections 11, 12, and 13 of the ''Infertility (Medical Procedures) Act 1984'' were commenced to prevent a repetition of IVF surrogacy in Victoria, by prohibiting the use of IVF technology on women who have not been diagnosed as infertile and rendering commercial and altruistic surrogacy arrangements void.<ref>{{cite web |title= Lawlink NSW: 2. Current State of the Law |publisher= Lawlink NSW |url= http://www.lawlink.nsw.gov.au/lrc.nsf/pages/R60CHP2 |accessdate= 2008-05-14}}</ref> In addition, only women who were married or in de facto relationships with men were allowed access to treatment. On [[28 July]] [[2000]], re ''McBain v State of Victoria'', Justice Sundberg of the Federal Court of Australia concluded that the Victorian legislation infringed the prohibition on discrimination found in section 22 of the ''Sex Discrimination Act''. This eliminated any marriage requirement, but did not clearly address the medical needs requirement. This legal decision has opened the door for lesbian couples to use IVF procedures.<ref>{{cite web |title= McBain v State of Victoria: Access to IVF for all Women |publisher= Parliamant of Australia |url= http://www.aph.gov.au/library/pubs/RN/2000-01/01RN03.htm |accessdate= 2008-05-14}}</ref><ref>{{cite web |title= IVF decision brings charge of social experimentation |date=2000-07-28 |publisher= ABC News |url= http://www.abc.net.au/7.30/stories/s157016.htm |accessdate= 2008-05-14}}</ref> In June [[2007]], the Victorian [[Law Commission|Law Reform Commission]] released its final report recommending that the laws be modified to allow more people to use assisted reproductive technologies and to allow same-sex couples to adopt and be recognized as parents to their partner's children.<ref>{{cite web |title= Assisted Reproduction and Adoption, Final Report |publisher= Victorian Law Reform Commission |url= http://www.lawreform.vic.gov.au/CA256A25002C7735/All/E98CC6AE987CD2FBCA2572F40009BEDB?OpenDocument&1=30-Current+projects~&2=70-Assisted+Reproduction+and+Adoption~&3=70-Final+Report~ |accessdate= 2008-05-14}}</ref> The proposed changes would also mean drastic reforms to surrogacy which, while technically legal, was practically impossible in Victoria: a woman would no longer have to be clinically infertile to be a surrogate mother. And parents who have children through surrogacy would be able to go to the County Court and apply for a "substitute parenting order" for legal recognition.<ref>{{cite web |title= Gays, singles may get more IVF help |author=Nader, Carol |date=2007-06-08 |publisher= The Age |url= http://www.theage.com.au/news/national/gays-singles-may-get-more-ivf-help/2007/06/07/1181089239237.html |accessdate= 2008-05-14}}</ref> Birth certificates could use the word parent instead of mother and father.<ref>{{cite web |title= Cabinet split looms on IVF |date=2007-06-08 |author=Gardiner, Ashley |coauthors=Whinnett, Ellen |publisher= Herald Sun |url= http://www.news.com.au/heraldsun/story/0,21985,21868589-2862,00.html?from=public_rss |accessdate= 2008-05-14}}</ref> * Law Reform Commission Report: [http://www.lawreform.vic.gov.au/wps/wcm/connect/Law+Reform/Home/Completed+Projects/ART+and+Adoption Assisted Reproductive Technology (ART) and Adoption] Victoria is expected to adopt almost all of the 130 recommendations of the Victorian Law Reform Commission in legislation which is expected to be introduced to [[Parliament of Victoria|Parliament]] in mid-[[2008]].<ref>{{cite web |title= Who's your mummy? (December 15, 2007) |publisher= Melbourne Community Voice |url= http://mcv.e-p.net.au/features/who-s-your-mummy-3194-3.html |accessdate= 2008-05-15}}</ref> This will make IVF legal for all women (except sex offenders), and gives same-sex partners, as well as parents of surrogate children, greater parenting rights.<ref>{{cite web |title= Victorian IVF win for Lesbians |publisher= GenerationQ.net |url= http://www.generationq.net/articles/Victorian-IVF-win-for-Lesbians-00001.html |accessdate= 2008-05-14}}</ref> Female partners of birth mothers will be recognized as parents of IVF children. Altruistic surrogacy would become legal, while commercial surrogacy would remain illegal. The [[Government of Victoria|Government]] stopped short of allowing same-sex couples full adoption rights.<ref>{{cite web |title= Victoria catches up on surrogacy and IVF law (December 15, 2007) |publisher= The Australian |url= http://www.theaustralian.news.com.au/story/0,25197,22927378-23289,00.html |accessdate= 2008-05-14}}</ref> ==== Western Australia ==== The ''Human Reproductive Technology Act 1991 (WA)'' established that in order to use any ART, a woman must be unable to conceive a child due to medical reasons (clinical infertility) and "persons seeking to be treated as a couple must be married or in a de facto relationship and must be of the opposite sex to each other".<ref>{{cite web |title= Human Reproductive Technology Act 1991 (WA) |publisher= Austlii |url= http://www.austlii.edu.au/au/legis/wa/consol_act/hrta1991331/s23.html |accessdate= 2008-05-14}}</ref> In [[2002]], the ''Artificial Conception Act 1985'' was amended to deal with lesbian couples. It stated that, where a woman who is in a de facto relationship with another woman undergoes, with the consent of her de facto partner, an artificial fertilisation procedure, the de facto partner of the pregnant woman is conclusively presumed to be a parent of the unborn child and is a parent of any child born as a result of the pregnancy.<ref>{{cite web |title= Artificial Conception Act 1985 - Section 6a. Rule relating to parentage — same sex de facto relationships |publisher= Austlii |url= http://www.austlii.edu.au/au/legis/wa/consol_act/aca1985203/s6a.html |accessdate= 2008-05-14}}</ref> [[Western Australia]]’s Registry of Births, Deaths and Marriages allows for registration of a parent other than a ‘mother’ and/or ‘father’ on the birth documents of the child. The birth registration form provides same-sex couples with the option of describing themselves as ‘mother’ and ‘parent’; ‘mother’ and ‘mother’; or ‘parent’ and ‘parent’. Provided proper consent has been given by both the woman and her same-sex partner, the partner will conclusively be presumed to be the parent of any resulting child. Western Australia currently has no laws relating to surrogacy, however the ''Surrogacy Bill 2007'' would allow the practice in Western Australia. The bill was passed by the Legislative Assembly (Lower House) in September [[2007]], and has been referred to Standing Committee on Legislation within the Legislative Council (Upper House) in November 2007. It was expected to be debated by a second reading of the Bill around April [[2008]].<ref>{{cite web |title= Surrogacy Bill 2007 |publisher= Parliament of Western Australia |url= http://www.parliament.wa.gov.au/hansard/hans35.nsf/451a59fb51257dd248256c85002bc738/974b6781c64d2ecfc82572aa002e2f14?OpenDocument |accessdate= 2008-05-14}}</ref> * Pending legislation: [http://www.parliament.wa.gov.au/web/newwebparl.nsf/iframewebpages/Bills+-+Current Surrogacy Bill 2007] ==Other areas of LGBT rights== The [[Australian Red Cross Blood Service]] bans blood donations from men who have had sex with men in the previous twelve months, as does the [[United Kingdom]], [[Ireland]], [[New Zealand]] and 48 [[states]] of the [[United States of America|United States]]. No other countries or jurisdictions have such policies or have repealed them. The policy was challenged in 2005 and is still before the Tasmanian Anti-Discrimination Commission. The "final" hearing will be in May 2008.<ref>[http://www.ssonet.com.au/display.asp?ArticleID=6793 Protest against blood ban - Sydney Star Observer<!-- Bot generated title -->]</ref><ref name = "ad2">{{cite web |title= Gays test Red Cross blood ban, by Erin O'Dwyer ([[October 9]], [[2005]]) |publisher= The Sun Herald |url= http://www.smh.com.au/news/national/gays-test-red-cross-blood-ban/2005/10/08/1128563038075.html |accessdate= 2007-09-03}}</ref> * [http://www.donateblood.com.au/page.aspx?IDDataTreeMenu=88&parent=30#answer47 Red Cross Donation Policy] {{seealso|Australian Red Cross Blood Service#Infectious diseases}} == Opposition groups == === Political Groups === The '''[[Liberal Party of Australia]]''' is a [[Social conservatism|socially conservative]] party, although it has a minority [[Social liberalism|socially liberal]] wing. In recent years, under [[John Howard]], it has moved to a more [[Conservatism|conservative]] policy agenda. '''[[The Nationals]]''' is a [[Social conservatism|socially conservative]] party, Opposes [[LGBT adoption]], [[same-sex marriage]], [[In vitro fertilization|IVF]], [[civil union]]s, The Nationals Party is opposed to most if not all legal rights for same-sex couples. The '''[[Family First Party]]''' policies emphasise [[social conservatism|socially conservative]] [[family values]]. Family First, a minor political party, opposes [[LGBT adoption]], [[In vitro fertilization|IVF]] treatment for [[lesbian]]s, and opposes [[same-sex marriage]] and [[civil union]]s, stating their declaration of marriage as "a union of a man and a woman"<ref>http://www.familyfirst.org.au/documents/THEFAMILY_000.pdf</ref>. The '''[[Christian Democratic Party (Australia)|Christian Democratic Party]]''', a minor [[social conservatism|conservative]] political party established in [[1977]], concentrates almost exclusively on moral issues such as [[abortion]], [[homosexuality]] and [[pornography]], and has recently made opposition to [[same-sex marriage]] a major part of its platform. The '''[[Democratic Labor Party]]''' (DLP) is a minor, [[Social conservatism|socially conservative]] political party in Australia that opposes same-sex rights and same-sex marriage. === Religious Groups === The '''[[Australian Christian Lobby]]''', formed in 1995, and the '''[[Australian Family Association]]''', formed in 1980, strongly oppose same-sex rights such as adoption and marriage. [[Peter Jensen]], Archbishop of the Evangelical '''[[Anglican Diocese of Sydney]]''', has vigorously opposed homosexuality, stating that accepting homosexuality is "calling holy what God called sin."<ref>{{cite web |title= Church imperilled by gays: archbishop |date=2006-02-03 |publisher= The Age |url= http://www.theage.com.au/news/national/church-imperilled-by-gays-archbishop/2006/02/02/1138836372860.html |author=Zwartz, Barney |accessdate= 2007-07-22}}</ref> Leaders of the '''[[Anglican Church of Australia]]''' have called for the removal of the proposed ACT Civil Union legislation, because they "believe this proposal actually threatens and compromises the traditional [[Christian]] view of marriage between a man and a woman."<ref name = "church">{{cite web |title= Church call to scrap gay union |date=2006-04-03 |publisher= News.com.au |url= http://www.news.com.au/story/0,10117,18693256-1242,00.html?from=rss |accessdate= 2007-09-03}}</ref> The Catholic '''[[Archbishop of Sydney]]''' Cardinal [[George Pell]], The Catholic Church according to [[George Pell]] believes and teaches that sexual activity should be confined to married couples, a man and a woman, and opposes all extra-marital sexual activity. The '''[[Catholic Church]]''' will continue to oppose legitimizing any extra-marital sexual activity, including homosexual activity. It will also continue to oppose homosexual propaganda especially among young people he states..<ref>{{cite web |title=Pell backs discrimination against gays |publisher= Australian Broadcasting Corporation |url= http://www.abc.net.au/news/stories/2007/10/30/2074861.htm}}</ref> The '''[[Australian Federation of Islamic Councils]]''', considered Australia's most important Islamic organisation, came out strongly against removing discrimination against same-sex partners in federal law. Chairman Ikebal Patel said such moves would threaten the "holy relationship" of marriage between a man and woman and the core values of supporting families.<ref>{{cite web |title= Battle lines drawn on gay unions |author=Schubert, Misha |date=2008-05-01 |publisher= Brisbane Times |url= http://www.brisbanetimes.com.au/news/national/battle-lines-drawn-on-gay-unions/2008/04/30/1209234988464.html |accessdate= 2008-05-01}}</ref> The Salt Shakers is a Christian Ethics Action Group based in [[Melbourne]], Victoria. It includes people from a number of Christian denominations and provides resources to Christians and churches. They also operate in the public arena by consulting, lobbying and presenting a Christian perspective on issues affecting society. This includes sending press releases, giving interviews for current affairs and other programs, making submissions to government, monitoring TV standards. They believe homosexuality is a sin.<ref>{{cite web |title= The Salt Shakers And Homosexuality |publisher= The Salt Shakers |url= http://www.saltshakers.org.au/html/P/9/B/480/ |accessdate= 2008-05-01}}</ref> The [[Christian]] organisation '''[[Exclusive Brethren]]''' ran full page advertisements in various newspapers to criticise Tasmanian [[Australian Greens|Greens']] pro-Gay policies such as [[same-sex marriage]] (as well as [[LGBT adoption|gay adoption]] and fostering, something already partially [[Gay adoption#Legal status around the world|recognised by Tasmanian law]]) in the lead up to the 2006 [[Tasmanian legislative election, 2006|Tasmanian State Election]].<ref name= "AgeTas1">{{cite web |title= Church group challenged over 'negative' ads |author=Paine, Michelle |date=2006-03-16 |publisher= News.com.au |url= http://www.news.com.au/story/0,10117,18483128-1244,00.html |accessdate= 2007-09-03}}</ref> == Summary table == {{LGBT rights Australia}} ==Notes== {{reflist|2}} ==Additional references and sources== History and Activism * [http://home.vicnet.net.au/~alga/ Australian Lesbian and Gay Archives] * [http://books.google.com/books?id=Z-4mzkd3trsC Living Out Loud: A History of Gay and Lesbian Activism in Australia] by Graham Willett, ISBN 1864489499, 2000. * [http://unilife.curtin.edu.au/sexualdiversity/documents/MappingHomophobiainAustralia.pdf Mapping Homophobia In Australia Study] * [http://melbqueerhistory.tripod.com/ ''Queen City of the South'' Melbourne Queer History radio series] Adoption and Parenting * [http://www.gaydadsaustralia.com/surrogacy/index.htm Gay Dads Australia Surrogacy Guide] * [http://www.aph.gov.au/library/pubs/rn/1999-2000/2000rn29.htm Same Sex Couple Adoption: The Situation in Canada and Australia ] Parliament of Australia * [http://www.courtwise.nsw.gov.au/lrc.nsf/pages/R58CHP2 NSW Law Reform Commission Report, 1988 - Artificial Conception: In Vitro Fertilization] * [http://www.findlaw.com.au/article/13232.htm Same Sex Parenting] by Paul Boers, Senior Associate of Dimocks Family Lawyers. FindLaw.com (April 2005) Other * [http://www.actwin.com/eatonohio/gay/australia.html Australia National Laws] * [http://www.humanrights.gov.au/info_for_employers/law/index.html Federal and State Anti-Discrimination Law] * [http://www.parliament.nsw.gov.au/prod/parlment/publications.nsf/key/LegalRecognitionofSame-SexRelationships Legal Recognition of Same-Sex Relationships Briefing Paper 9/2006] New South Wales Parliament * [http://www.rightsaustralia.org.au/articles83.html World conference on LGBT rights] * [http://www.immi.gov.au/migrants/partners/interdependency/110-310/index.htm Interdependency Visa: Offshore Temporary and Permanent (Subclasses 310 and 110)] * Sinnes, G.R. ''Australia'' [http://williamapercy.com/pub-EncyHom.htm ''Encyclopaedia of Homosexuality.''] Dynes, Wayne R. (ed.), Garland Publishing, 1990. pp. 93-97 == See also == * [[Recognition of same-sex relationships in Australia]] * [[Human rights in Australia]] * [[Timeline of LGBT history]] * [[LGBT adoption]] * [[LGBT parenting]] {{Oceania in topic|LGBT rights in}} [[Category:Australian law]] [[Category:LGBT culture in Australia]] [[Category:LGBT history in Australia]] [[Category:LGBT organizations in Australia]] [[Category:LGBT rights by country|Australia]] [[Category:LGBT rights movement|Australia]] [[de:Homosexualität in Australien]] [[el:Δικαιώματα ΛΟΑΤ στην Αυστραλία]] [[pl:Sytuacja prawna osób LGBT w Australii]]