Laws

Australia

AUSTRALIAN CAPITAL TERRITORY

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
Civil Unions
  Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
HIV/Aids
  Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
Parenting
  Partners
Property
Sodomy
Superannuation
Surrogacy
Transgender, Transsexual
Violence
Wrongful Death

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Equal Love
Age of Consent Legislation/Cases/References
1.

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.

L1 www.legislation.act.gov.au
Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation
Surrogacy
Legislation/Cases/References
See also: [PARENTING]
1.

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]

2.

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].

3.

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].

L1 Artificial Conception Act 1985
L2.1 Parentage Act 2004 (Accessed 16 SEP 09)
R1.1 AusQueer: "Greens for gay and lesbian equality" 09 MAY 02
R1.2 Sydney Star Observer: "Parenting Milestone" 27 NOV 03
R1.3 Department of Justice & Community Safety: "Gay, Lesbian Bisexual, Transgender and Intersex people in the ACT: an issues paper" DEC 02
R3.1 MCV: "Lesbians Win 'Two for One' Case" 19 FEB 09
Asylum, Immigration, Refugees Legislation/Cases/References
1.

National

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

See: [FEDERAL - ASYLUM, IMMIGRATION, REFUGEES]

   
Children: Access, Custody, Visitation Legislation/Cases/References
1.

National

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

See: FEDERAL - ACCESS TO CHILDREN
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
See also: [INHERITANCE], [MARRIAGE], [PARENTING], [PROPERTY]
1.

Territory

On 22 August 2012, the ACT Government passed the Civil Unions Bill 2011, legislation enabling same-sex couples in the ACT to begin their civil union with a legally binding ceremony, similar to a secular marriage. The laws come into effect seven days after they are notified. The Civil Partnerships Act is thereupon repealed [L1.25], [R1.24].

Previously

On 11 August 2012, ACT Attorney-General Simon Corbell was reported as saying the Civil Unions Bill, giving same-sex couples the same rights as couples wed under the Marriage Act, was set to pass the Legislative Assembly when debated next week [R1.23].

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].

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].

L1.25 Civil Unions Bill 2011 PDF 221.49kb, 28 FEB 12
R1.24 The Australian: ACT passes new laws allowing same-sex civil unions 23 AUG 12
R1.23 SkyNews: ACT moves to legalise gay civil unions 11 AUG 12
R1.1 MCV: "ACT ceremonies anger both sides" 01 DEC 09
R1.2 The Advocate: "Partner Ceremonies Start Thursday for Some Aussies" 19 NOV 09
L1.3 Civil Partnerships Amendment Bill 2009
R1.3 The Advocate: "Australian Capital Approves Same-Sex Unions" 11 NOV 09
R1.4 PinkNews.co.uk: "Australian government backs down on civil union ceremonies" 26 NOV 09
R1.5 The Advocate: "Civil Unions Proposed in Oz" 21 SEP 09
L1.6 Civil Partnerships Act 2008
R1.6 MCV: "ACT prepares for civil unions again" 28 MAY 09
R1.7 Chief Minister: "Legal Recognition for ACT Same-Sex Couples" 09 MAY 08
R1.8 bnews: "Civil Unions Move" 22 MAY 08
L1.9 Domestic Relationships Act 1994
R1.9 Department of Justice & Community Safety: "Gay, Lesbian Bisexual, Transgender and Intersex people in the ACT: an issues paper" DEC 02
L1.10Registration of Deeds Act 1957
R1.10 Declared Relationships Statutory Declaration - Australian Capital Territory Version PDF 42kb
R1.11 MCV: "ACT Civil Unions in Jeopardy" 14 FEB 08
The Age: "Same-sex Row to Pit Government Against ACT" 06 DEC 07
R1.12 bnews: "Rudd's First Test" 29 NOV 07
MCV: "Gay Divorce Easier?" 10 JAN 08
R1.13 The Age: "ACT Gay Marriage Plan Rejected Again" 06 FEB 07
R1.14 MCV: "PM Lies, says Stanhope" 29 JUN 06
R1.15 The Age: "Commonwealth Quashes ACT in Battle Over Civil Union Laws" 14 MAY 06
R1.16 ABC Online: "ACT Passes Same-sex Couples Law" 12 MAY 06
R1.17 Herald Sun: "Ruddock to study gay-union law" 12 MAY 06
ABC Online News: "'Prejudice' Behind Civil Unions Bill Challenge" 06 JUN 06
R1.18 The Australian: "Equality for Gay Unions" 03 MAR 06
R1.19 Media Statement: "ACT to Legislate for Civil Unions" 02 DEC 05
R1.20 The Canberra Times: "Government to Recognise Same-sex Couples" 30 OCT 02
R1.21 B.new.S: "Civil Unions for Canberra" 08 NOV 01
R1.22 MCV: "ACT approves same-sex conjugal prison visits" 23 JUN 09
Discrimination Legislation/Cases/References
See also: [HARASSMENT], [PARENTING]
1.

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].

L1.1 Discrimination Act 1991 (Accessed 16 NOV 09)
R1.1 Qnews: "ACT to End Gay Panic Defence" 28 NOV 03
R1.2 ACT Government Ministerial Media Release Service: "Historic Gay, Lesbian and Transgender Amendment Bill Passes Successfully" 13 MAR 03
R1.3 Jon Stanhope MLA: "Making the Law Fairer for Gay, Lesbian, Bisexual, Transgender and Intersex People in the A.C.T." 12 DEC 02
R1.4 Department of Justice & Community Safety: Gay, Lesbian Bisexual, Transgender and Intersex people in the ACT: an issues paper DEC 02
R1.5 The Canberra Times: Government to Recognise Same-sex Couples 30 OCT 02

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Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/Documents/References
1.

Territory

Under the Discrimination Act 1991 [L1.9] it is unlawful to discriminate against another person on the ground of "transsexuality" [R1.8].


Section 24 of Births, Deaths and Marriages Registration Act 2003, provides –

(1) A person may apply to the registrar-general for alteration of the record of the personís sex in the registration of the personís birth if –

(a) the person is at least 18 years old; and

(b) the personís birth is registered in the ACT; and

(c) the person has undergone sexual reassignment surgery. [L1.7].


On 20 March 2014, the Assembly passed amendments to the Births, Deaths and Marriage Act 1997 (ACT) to provide better legal recognition for trans and intersex people - eliminating the need for gender reassignment surgery as a prerequisite for trans people to change their legal sex on their birth certificate and including the addition of the category “X”, as well as “male” and “female” [R1.6].

On 28 November 2013, the Government introduced the “Births Deaths and Marriages Registration Amendment Bill 2013” which if passed will remove a requirement that transgender people undergo surgery before they can change their birth certificates to reflect the gender they identify as and recognize intersex people and those of indeterminate gender with a new category on documentation [L1.5], [R1.4].

On 21 December 2012, the ACT Law Reform Advisory Council (LRAC) report Beyond the Binary: legal recognition of sex and gender diversity in the ACT was being considered by the ACT Government. It provides advice on how to better protect the legal rights of sex and gender diverse people in the ACT [D1.3].

As at 09 July 2012, trans people who want to be legally recognised in their true gender must have sex reassignment surgery. The ACT Law Reform Advisory Council's report "Beyond the Binary: legal recognition of sex and gender diversity in the ACT" recommended (at 17) the requirement in the ACT for a person to undergo sexual reassignment surgery to change the record of their sex should be abolished [D1.3], [R1.2].

In June 2002, Chief Minister, Jon Stanhope, said it was important that registration of a 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 [R1.1].

L1.9 Discrimination Act 1991 (Accessed 16 NOV 09)
R1.8 Department of Justice & Community Safety: Gay, Lesbian Bisexual, Transgender and Intersex people in the ACT: an issues paper DEC 02
L1.7 ACT Legislation: Births, Deaths and Marriages Registration Act 1997 PDF 185.34kb, 08 DEC 11
R1.6 GNN/MCV: Act Legislative Council (sic) amends Births, Deaths and Marriage Act for greater recognition of trans and intersex people 20 MAR 14
L1.5 Bill: Births, Deaths and Marriages Registration Amendment Bill 2013 PDF 78.57kb, 29 NOV 13
R1.4 StarObserver: ACT welcomes historic changes on trans and intersex documentation 29 NOV 13
D1.3 ACT Law Reform Advisory Council: Beyond the Binary: legal recognition of sex and gender diversity in the ACT PDF 896.71kb, 01 MAR 12
R1.2 ACT Government: Improving Legal Recognition of Gender Diversity in the ACT 09 JUL 12
R1.1 ACTQueer: "ACT to Recognise Interstate Change of Sex" 12 JUN 02
HIV Aids Legislation/Cases/References
1.

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

2.

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].

R1.1 MCV: "ACT HIV Laws 'Confusing'" 14 FEB 08
R2.1 Sydney Star Observer: "HREOC Annual Report" 10 JAN 02
Homosexuality, Sodomy Legislation/Cases/References
1.

Territory

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

L1 Law Reform (Sexual Behaviour) Ordinance 1976
Inheritance Legislation/Cases/References
See also: [PARTNERS], [PROPERTY]
1.

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].

L1 Adminstration and Probate Act 1929
R1.1 Department of Justice & Community Safety: Gay, Lesbian Bisexual, Transgender and Intersex people in the ACT: an issues paper DEC 02
R1.2 Westside Observer: "Gay and lesbian de factos recognised in ACT law" 25 APR 96
Marriage Legislation/Cases/References
1.

National

The Federal Marriage Act 1961 governs marriage in Australia

See: FEDERAL - MARRIAGE

2.

Territory

On 12 December 2013, the High Court of Australia ruled the Australian Capital Territory Marriage Equality (Same Sex) Act 2013 inconsistent with the Federal Marriage Act 1961 and therefore unconstitutional, invalidating marriages recently entered into [C3.8], [R3.7].

On 04 November 2013, the ACT Government notified the Marriage Equality (Same Sex) Act 2013, effective 07 November 2013 [R2.7]. Couples must give four weeks notice, allowing the first ceremonies to take place on 07 December.

On 22 October 2013, the Assembly voted 8-7 to pass the Marriage Equality (Same Sex) Act 2013 [R2.6].

See 3. Courts & Tribunals below.

On 19 September 2013, Attorney-General, Simon Corbell, introduced the Marriage Equality Bill 2013 into the ACT Legislative Assembly, paving the way for same-sex marriage to be legalised in the ACT [L2.5], [R2.4].

On 16 September 2013, Attorney-General Simon Corbell announced the Government would introduce the Marriage Equality Bill 2013 into the Legislative Assembly to allow same-sex couples to marry [R2.3].

On 15 November 2012, the newly-formed government reportedly gave a fresh commitment to legislation for same-sex marriage [R2.2].

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]

3.

Courts & Tribunals

On 12 December 2013, the High Court of Australia ruled the Australian Capital Territory Marriage Equality (Same Sex) Act 2013 unconstitutional and invalidating marriages recently entered into [C3.8], [R3.7].

On 03 December 2013, the High Court reserved its judgment in the Marriage Equality (Same Sex) Act 2013 case until December 12, allowing same-sex couples planning to marry under the ACT legislation this weekend to go ahead [R3.6].

On 04 November 2013, High Chief Justice Robert French told a directions hearing the case, brought by the federal government, would be heard by the full bench of the court in a two-day hearing on December 3 and 4 [R3.5].

On 25 October 2013, High Court Chief Justice Robert French indicated that the challenge to the ACT's same-sex marriage law could be heard when the full court sits from 03 to 06 December. The ACT has until 01 November to file its defence and a court date will most likely be set at the next directions hearing on 04 November [R3.4].

On 25 October 2013, the High Court of Australia having agreed to expedite hearing the challenge to the Marriage Equality Act 2013 will hold a first directions hearing at 2:15 p.m. [R3.3].

On 23 October 2013, the Australian Federal Government lodged a writ of summons in the High Court challenging the validity of the ACT's same sex marriage laws [C3.2], [R3.1].

R2.7 ACT Legislation: Marriage Equality (Same Sex) Act 2013 A2013-39 (Accessed 08 NOV 13)
R2.6 StarObserver: Same-Sex Marriage in the ACT 22 OCT 13
L2.5 Act: Marriage Equality Act 2013 PDF 161.56kb, 06 NOV 13
R2.4 ACT Attorney General: ACT Labor Government takes first step towards legalising same-sex marriage 19 SEP 13
R2.3 ACT Government: ACT Government to introduce same-sex marriage bill 16 SEP 13
R2.2 Qnews: ACT commits to marriage equality 15 NOV 12
R2.1 ABC Online: "Submissions Show Strong Opposition to Same-sex Marriages" 19 AUG 05
C3.8 Order: The Commonwealth of Australia v. The Australian Capital Territory [2013] HCA 55, 12 DEC 13
R3.7 ABC News: High Court throws out ACT's controversial same-sex marriage laws 12 DEC 13
R3.6 TheAustralian: High Court reserves judgment on ACT law 03 DEC 13
R3.5 AustLII: Commonwealth of Australia v. The Australian Capital Territory [2013] HCATrans 262, 04 NOV 13
R3.4 9News: Gay marriage hearing likely in December 25 OCT 13
R3.3 GayStarNews: High Court of Australia to test first same-sex marriage law tomorrow 24 OCT 13
C3.2 Writ of Summons: Commonwealth of Australia v. The Australian Capital Territory No. C13 of 2013 PDF 1.93MB, 23 OCT 13
R3.1 TheCanberraTimes: Federal government lodges High Court challenge to ACT same-sex marriage laws 23 OCT 13
Military Legislation/Cases/References
1.

National

The Federal Defence Act 1903 governs Military matters in Australia

See: FEDERAL - MILITARY

   
Parenting: Adoption, Fostering Legislation/Cases/References
1.

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].

2.

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 personís household.

3.

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].

L1.1 Adoption Act 1993 (Accessed 16 NOV 09)
L2.1 Children and Young People Act 2008 (Accessed 16 NOV 09)
R1.1 The Age: "Gay adoption law to stay" 27 APR 04
R1.2 The Age: "Push to allow gay couples to adopt" 18 NOV 03
R1.3 Department of Justice & Community Safety: Gay, Lesbian Bisexual, Transgender and Intersex people in the ACT: an issues paper DEC 02
R4.1 bnews: "ACT Families Ahead" 14 AUG 08
R3.2 Sydney Star Observer: "Parenting Laws to be Fixed" 07 FEB 08
R3.3 Sydney Star Observer: "Parenting Milestone" 27 NOV 03
Property Legislation/Cases/References
See also: [INHERITANCE]
1.

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.

See: FEDERAL: PROPERTY
Superannuation Legislation/Cases/References
See also: [PROPERTY]
1.

Territory

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

See: FEDERAL - SUPERANNUATION

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