Territory

Consensual sex between two persons aged 16 is lawful [L1].

Crimes Act 1900 - Part 3 Sexual offences

55 Sexual intercourse with young person

(1) A person who engages in sexual intercourse with another person who is under the age of 10 years is guilty of an offence punishable, on conviction, by imprisonment for 17 years.
(2) A person who engages in sexual intercourse with another person who is under the age of 16 years is guilty of an offence punishable, on conviction, by imprisonment for 14 years.

Territory

ACT law doesn't prevent single or lesbian women from accessing IVF [R1.1].

In November 2003, legislation introduced in the ACT would if passed by the Legislative Assembly, ensure that the partners of lesbians who conceive children through IVF were recognised as legal parents [R1.2].

Under the Artificial Conception Act 1985 [L1] only the birth mother will be recognised as a parent [R1.3]

Surrogacy

Subject to certain conditions and where there is a "substitute parent agreement", Part 2, Divison 2.5 of the Parentage Act 2004 provides that a parentage order can be made about a child conceived as the result of a procedure that involved transferring a fertilised ovum into the uterus of a woman. Such a procedure includes fertilisation of the ovum outside the body of the woman who is to give birth to the resulting child [L2.1].

Courts & Tribunals

In February 2009, a lesbian couple successfully sued their obstetrician for breach of duty of care after he implanted two embryos instead of one, as requested , receiving $317,000 [R3.1].

National

The Federal Migration Act 1958 governs Asylum, Immigration and Refugee matters in Australia

See: [FEDERAL - ASYLUM, IMMIGRATION, REFUGEES]

National

The Federal Family Law Act 1975 governs Access, Custody and Visitation matters in Australia.

Territory

In late November 2009, a compromise was reached between Federal Attorney-General Robert McClelland and the ACT government in which same-sex couples are able to hold a civil partnership ceremony but will also have to notify the registrar-general. In effect, the celebrant will not have the power to declare a civil union, that power is in the hands of the registrar-general [R1.1].

Starting 20 November 2009, same-sex couples in the Australian Capital Territory will be able to participate in civil partnership ceremonies [R1.3].

Previously

In November 2009, the Assembly amended the civil partnerships law to allow same-sex unions. The law attempts to remove same-sex civil unions from federal jurisdiction to circumvent Federal Government's opposition to same-sex civil unions [L1.3], [R1.2].

The Federal government agreed that the ceremonies could remain, although some minor changes have been made [R1.4].

On 21 September 2009, the ACT Labor Party voted unanimously to support the Civil Partnerships Amendment Bill, which would extend government-recognized civil unions to same-sex couples [L1.3], [R1.5].

In May 2009, the Greens announced they would introduce a bill the following month that would allow for formally recognised ceremonies as part of the Civil Partnership Act [L1.6], [R1.6].

From 24 May 2008, gay and lesbian couples in the ACT could legally affirm their commitment to each other with new laws providing a major step towards equal rights for same-sex families [R1.7].

In May 2008, the ACT Government began to accept same-sex couple registrations after moving quickly to introduce its civil partnership register with administrative ceremonies [R1.8].

A same-sex couple could enter into a same-sex relationship agreement that makes provision for particular matters. The financial aspects of that agreement may be enforced under the Domestic Relationships Act 1994 [L1.9] and the agreement is otherwise subject to, and enforceable under, the law of contract [R1.9].

The only mechanism for "registering" a relationship under ACT law was the Registration of Deeds Act 1957 [L1.10]. This Act provides that a person may register a deed with the Registrar-General, however no legal status would arise from registration [R1.10].

If a same-sex couple is not registered, establishing documentary proof of a same-sex relationship may be advisable and at a minimum this could perhaps be achieved by both partners making a statutory declaration [R1.10].

In December 2007 and February 2008, the Federal Attorney-General appeared to want states and territories to introduce relationship registers - similar to those operating in Tasmania and slated for Victoria - rather than allowing for civil unions [R1.11].

In November 2007, following the election of the Rudd Labor Government, the ACT government announced it would reintroduce its Civil Unions Bill, formerly vetoed by (outgoing Prime Minister) John Howard and (Attorney-General) Philip Ruddock [R1.12].

In February 2007, the ACT Government made several changes to Civil Unions Act, replacing the term "civil union" with "civil partnership" so that it was not confused with marriage [R1.13].

In June 2006, Chief Minister Jon Stanhope accused then Prime Minister John Howard of misleading the Australian public over the gay marriage issue [R1.14].

On 13 May 2006, the revised Civil Union Act was rejected by the Federal Attorney-General [R1.15]

On 11 May 2006, the ACT legislative Assembly passed the Civil Union Act. The Act gave equality and legal recognition to same sex couples [R1.16]. However, the Federal Government moved to override the legislation [R1.17].

In March 2006, legislation was introduced to give couples equality with married couples in areas such as wills and the division of property where a person dies without having made a will [R1.18].

In December 2005, the ACT Government announced that it was drafting legislation to provide for civil unions in the ACT, paving the way for same-sex couples to have their relationships formally recognised for the first time [R1.19].

See: Civil Unions Fact Sheet

In October 2002, to achieve equal legal status for lesbian, gay, bisexual, transgender and intersex people by eliminating discriminatory references in legislation, more than 70 ACT Acts and regulations contained potentially discriminatory provisions would have to be amended [R1.20].

In November 2001, the Election of an ALP government in the Australian Capital Territory brought with it fresh hopes for lesbian and gay law reform - including the possibility of registered civil unions for couples [R1.21].

In June 2009, ACT Corrective Services introduced the Corrections Management (Private Family Visits) Policy 2009 allowing conjugal visits to low and medium security prisoners with "a consistent record of good conduct at the AMC, usually over a minimum period of three months". Visits allow partners including same-sex partners to have "intimate time" once every two months in "domestic surroundings", where they are provided with condoms and enjoy "reduced supervision" [R1.22].

Territory

Under the Discrimination Act 1991 it is unlawful to discriminate against another person on the ground of "sexuality", "transsexuality" and "relationship status". "Sexuality" is defined as meaning heterosexuality, homosexuality (including lesbianism) or bisexuality [L1.1].

Discrimination Act 1991, Part 2 Discrimination to which Act applies [L1.1].

7 Grounds

(1) This Act applies to discrimination on the ground of any of the following attributes:

(a) [ ... ]

(b) sexuality;

(c) transsexuality;

(d) relationship status;

(e) [ ... ] (o)

In November 2003, the ACT government introduced a Bill into the Legislative Assembly that will further address discrimination against GLBT people, including denying people accused of violent assaults from accessing the infamous 'gay panic' defense and make it unlawful to vilify a person on the grounds of sexuality, transexuality or HIV/Aids status [R1.1].

In March 2003, the ACT Legislative Assembly passed the Legislation (Gay, Lesbian And Transgender) Amendment Bill which will see discriminatory language taken out of 37 different pieces of ACT law. However, the Bill does not deal with adoption rights or legal recognition of same-sex relationships [R1.2]

In December 2002, the ACT Attorney-General and Chief Minister Jon Stanhope introduced the Legislation (Gay, Lesbian and Transgender) Amendment Bill 2002 in the ACT Legislative Assembly [R1.3].

In December 2002, the Discrimination Amendment Bill 2002 (No 2) would amend the Act to provide for equal treatment of same-sex partnerships with marriages and de facto marriages [R1.4].

In October 2002, it was reported to achieve equal legal status for lesbian, gay, bisexual, transgender and intersex people by eliminating discriminatory references in legislation, more than 70 ACT Acts and regulations contained potentially discriminatory provisions would have to be amended [R1.5].

Territory

Under the Discrimination Act 1991 [L1.1] it is unlawful to discriminate against another person on the ground of "transsexuality" [R1.1].

In June 2002, Chief Minister, Jon Stanhope, said it was important that registration of as change of sex in one jurisdiction was recognised in others and that ACT regulations needed to be amended so that change of sex documents issued under them can be given effect in the ACT [R1.2].

Territory

Under Section 25 of the Prostitution Act 1992, 'knowingly infecting' a person with a transmissable desease is an offence [R1.1].

Under the Public Health (Infectious and Notifiable Diseases) Regulations HIV is a notifiable disease

Courts & Tribunals

In January 2002, an HIV-positive man who claimed that a colleague had informed his mother he had died, and that other colleagues and superiors had made inappropriate sexual comments, was awarded $15,000 in compensation [R2.1].

Territory

Consensual sex between same sex couples is lawful in the Australian Capital Territory, being decriminalised in 1976 [L1].

Territory

Under the Adminstration and Probate Act 1929 [L1], the same-sex partner of an intestate person may benefit from the estate of the intestate person on the same basis as if they were a de facto spouse of the deceased [R1.1].

Previously:

On 01 May 1996, new ACT laws came into operation, allowing both homosexual and heterosexual people in de facto relationships to claim a share of the estate of their de facto partner [R1.2].

National

The Federal Marriage Act 1961 governs marriage in Australia

See: FEDERAL - MARRIAGE

Territory

In August 2005, the prospect of gay and lesbian "marriage" in the ACT (Australian Capital Territory) was considered unlikely after submissions from the public on formally recognising same-sex relationships [R2.1]

National

The Federal Defence Act 1903 governs Military matters in Australia

See: FEDERAL - MILITARY

Adoption

Section 18(1) of the Adoption Act 1993 [L1.1] provides -

(1) Except as provided in this section, an adoption order shall not be made otherwise than in favour of 2 people jointly (emphasis added), being a couple -

(a) neither of whom is a parent of the child; and
(b) who, whether married or not (emphasis added), have lived together in a domestic partnership for a period of not less than 3 years; and
(c) who, in the opinion of the court, have demonstrated the stability of, and a commitment to, that relationship.

Regard should be had to the other Sections of the Act

Previously:

In April 2004, Federal cabinet backed away from intervening to overturn the ACT's new law that allows gay couples to adopt children and the law was amended to allows gay couples to adopt children [R1.1]

In November 2003, the ACT Government indicated it would alter laws and allow gay couples to adopt children [R1.2].

In December 2002, the Department of Justice & Community Safety issues paper posed the question "Should the Adoption Act 1993 be amended to provide that same sex couples are eligible to adopt a child? [R1.3].

Fostering

Under Part 15.4 of the Children and Young People Act 2008 there is no prohibition to fostering children by a gay or lesbian person.

Section 519 of the Act [L2.1] provides-

The chief executive may authorise, orally or in writing, a person-
(a) to exercise daily care responsibility for any child or young person for whom the chief executive has daily care responsibility; or
(b) to exercise long-term care responsibility for any child or young person for whom the chief executive has long-term care responsibility.
(2) However, the chief executive may authorise a person only if satisfied that the person-
(a) is a suitable entity to exercise the responsibility for any child or young person; and
Note Suitable entities are dealt with in s 61.
(b) has given the chief executive suitability information required by the chief executive about each other adult member of the person’s household.

Other

In August 2008, the ACT Government removed discrimination against same-sex families, allowing them the same access to parental leave as heterosexual couples [R3.1].

In February 2008, ACT Industrial Relations Minister Andrew Barr, announced he would fix parental leave laws identified by the Human Rights and Equal Opportunity Commission as discriminatory against same-sex couples [R3.2].

In November 2003, legislation introduced in the ACT would if passed by the Legislative Assembly, ensure that the partners of lesbians who conceive children through IVF were recognised as legal parents [R3.3].

Federal

On 01 March 2009, the Family Law Amendment (De facto Financial Matters and Other Measures) Act 2008 (Cth) commenced operation [R1.1].

The Family Court of Australia now has jurisdiction to decide property disputes between same-sex couples, one or both of whom were ordinarily resident in New South Wales, Victoria, Queensland. Tasmania, the ACT, the Northern Territory or Norfolk Island, for at least one-third of the duration of the relationship [ss90SD, 90SK, 90SL].

The Court has the power to divide property, and also superannuation, applying the same considerations as would be the case for matrimonial cases and to make orders for spousal maintenance in certain circumstances.

Territory

Federal law governs most superannuation law in Australia. Territory law applies to state instrumentality employee plans only.