Territory

In November 2003, the Northern Territory parliament has reduced the age of consent for same-sex males and females to 16 years [R1.1].

Section 127 of the Northern Territory Criminal Code Act [L1] provides -

"(1) Any person who

(a) has sexual intercourse with; or

(b) commits any act of gross indecency upon,

a child who is under the age of 16 years is guilty of a crime and is liable to imprisonment for 16 years."

The age of consent for consensual sex between same-sex females is 16 years [R1.2].

Previously:

The age of consent for consensual sex between same-sex males was 18 years [R1.3].

Territory

The Status of Children Act, Section 5DA Rule relating to parentage – female de facto partners provides:

(1) Where a woman who is the de facto partner of another woman undergoes, with the consent of the other woman, a fertilization procedure as a result of which she becomes pregnant, the other woman is, for all purposes of the law of the Northern Territory, to be presumed to be a parent of

(a) the unborn child; and

(b) a child born as a result of the pregnancy.

(2) A presumption of law that arises by virtue of subsection (1) is irrebuttable.

(3) In a proceeding in which the operation of subsection (1) is relevant, a woman's consent to the carrying out of a fertilzation procedure in respect of her de facto partner is to be presumed, but that presumption is rebuttable [L1.1].

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 governs access to and custody of children matters

See: FEDERAL: CHILDREN: ACCESS, CUSTODY

Territory

It is unlawful to discriminate on the ground of "sexuality" (heterosexuality, homosexuality, bisexuality or transexuality) in employment, the provision of goods and services (including government services), access to facilities, education, rental accommodation, clubs [L1].

There are some exemptions -

Section 37 provides -

"A person may discriminate against another person on the grounds of sexuality in the area of work where -

(a) the work involves the care, instruction or supervision of children; and

(b) the discrimination is reasonably necessary to protect the physical, psychological or emotional well-being of children, having regard to all the relevant circumstances of the case including the person's actions".

Previously:

In July 2003, the NT Attorney-General indicated that legislation would be introduced to eliminate discrimination against gay men and lesbians [R1]

Territory

Consensual sex between same-sex couples is lawful in the Northern Territory.

Territory

The Federal Marriage Act 1961 governs marriage in Australia

See: FEDERAL - MARRIAGE

National

The Federal Defence Act 1903 governs Military matters in Australia

See: FEDERAL - MILITARY

Territory

Northern Territory law does not allow same-sex couples to adopt [L1].

Section 13 of the Adoption of Children Act provides:

"(1) … the Court shall only make an order for the adoption of a child in favour of a couple where the man and woman -

(a) are married to each other and have been so married for not less than 2 years; or

(b) have entered into a relationship that is recognised as a traditional Aboriginal marriage and has been so recognised for not less than 2 years."

Whilst adoption by a single gay man or lesbian may be possible, Section 14 of the Act is restrictive, providing:

"(1) the Court shall not make an order for the adoption of a child in favour of one person … unless -

(a) the child is under the guardianship of the Minister; and

(b) it is satisfied that, in the opinion of the Minister, exceptional circumstances exist that make it desirable to do so."

Territory

The Defacto Relationships Act makes provisions for agreements between partners with respect to their property rights and includes same-sex couples [L1.1].

In the absence of either a National or territory-based registry, establishing proof that a same-sex couple are in a same-sex relationship may be advisable and at a minimum this could perhaps be achieved by both partners making a statutory declaration [R1.1].

Courts & Tribunals

In December 2003, a change in the rules covering Territory politicians taking taxpayer-funded travel will allow gay MPs to go overseas with their partners [R2.1].

The Remuneration Tribunal said it has corrected a "weakness" in entitlements. It redefined de facto as a "person who is not married to the Member, but is in a marriage-like relationship with the Member" [R2.1].

Territory

It is unlawful to discriminate on the ground of "sexuality" (heterosexuality, homosexuality, bisexuality or transexuality) in employment, the provision of goods and services (including government services), access to facilities, education, rental accommodation, clubs [L1].

There are some exemptions -

Section 37 provides -

"A person may discriminate against another person on the grounds of sexuality in the area of work where -

(a) the work involves the care, instruction or supervision of children; and

(b) the discrimination is reasonably necessary to protect the physical, psychological or emotional well-being of children, having regard to all the relevant circumstances of the case including the person's actions".

Previously:

In July 2003, the NT Attorney-General indicated that legislation would be introduced to eliminate discrimination against gay men and lesbians [R1.1].

In 1997, it was reported that the Territory had become the third jurisdiction in Australia and one of only a handful in the world which allows tranys to alter their birth certificates to reflect their reassigned sex [R1.2].