State

Consensual sex between two persons aged 17 is lawful [R1.1].

Criminal Code Act 1924, Chapter XIV - Crimes Against Morality

Section 124. Sexual intercourse with young person

(1) Any person who has unlawful sexual intercourse with another person who is under the age of seventeen (17) years is guilty of a crime [L1.1].

State

Section 19 of the Tasmanian Anti-Discrimination Act 1998 makes it an offence to incite hatred towards, serious contempt for, or severe ridicule of, a person or a group of persons on several grounds including sexual orientation or lawful sexual activity [L1.1].

Sexual orientation is defined in Section 3 of the Act to include heterosexuality, homosexuality, bisexuality, or transsexuality.

State

Surrogacy Contracts Act 1993 (No. 4 of 1993) [L1.1]

4. Surrogacy Contracts

(1) A person must not introduce, or agree to introduce, prospective parties to a surrogacy contract.

(2) A person must not induce another person to enter into a surrogacy contract.

(3) A person must not arrange or negotiate, or agree to arrange or negotiate, a surrogacy contract on behalf of another person.

(4) A person must not make or receive, or agree to make or receive, a payment or reward in relation to a surrogacy contract.

Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months.

In December 2010, the Government was expected to introduce legislation that would allow altruistic surrogacy for heterosexual and same-sex couples [R1.4].

In June 2009, legislation was introduced which will automatically grant parent status to the same-sex partner of a woman who has a child through IVF or other reproductive technology [R1.3].

Previously:

In June 2003, legislation was to be introduced to the Tasmanian parliament that would deem a child born as a result of fertility treatment to two women, the child of both women. [R1.2].

As at March 1997, Tasmanian women could access IVF programs regardless of sexuality or marital status [R1.1].

National

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

National

The Federal Family Law Act 1975 governs access to children matters in Australia

State

In August 2003, the Relationships Act 2003 was passed by the Tasmanian Legislative Council [L1.11], [R1.10].

It was assented to on 17 September 2003 and proclaimed into law 01 January 2004 [L1.11].

The Act has the widest definition of relationship of any Australian law and was the first Australian law to establish a registry for non-traditional relationships and allow same sex couples to adopt children they already care for. It will not allow same sex couples to adopt children relinquished by other parents [R1.9].

For more detailed information see www.relationshipstasmania.org.au

An Application to Register a Deed of Relationship may be obtained from www.justice.tas.gov.au (under Births, Deaths and Marriages) and at [R1.8].

From 01 April 2011, civil partnerships from Victoria, NSW, the ACT, New Zealand and the UK will be automatically recognised in Tasmania, along with civil partnerships and same-sex marriages from all thirteen Canadian provinces. Partnerships and marriages from other jurisdictions are currently being assessed [R1.7].

On 30 September 2010, the upper house of the legislature passed the Relationships Amendment (Recognition of Registered Relationships) Act 2010 amending the Relationships Act 2003 allowing gay couples from other states and overseas to be automatically recognized as partners in a Tasmanian Deed of Relationship [R1.6].

On 31 August 2010, in a 22–3 vote, the Tasmanian Parliament approved laws recognising same-sex marriages and civil unions registered in other states or countries [R1.5].

From 01 November 2009 amendments to the law enable couples to sign their Deed of Relationship in a ceremony presided over by a marriage celebrant and in front of their friends and families. The new ceremonies will not be available until a month later, due to a 28-day period in which applications for Deeds of Relationship are processed [R1.4].

In January 2006, the United Kingdom Home Office announced that it would recognise these "special relationships" as a direct equivalent of the civil partnership, saving homosexual Tasmanians the fuss and expense of a British ceremony [R1.3].

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 [R1.2].

In November 2002, gay and lesbian couples were expected to be allowed to legally adopt children from the middle of next year [R1.1].

Courts & Tribunals

In August 2001, Tasmanian Industrial Commission ruled that the entitlement of employees to bereavement leave was extended to include same sex couples [R2.1].

State

Section 16 of the Anti-Discrimination Act 1998 (No. 46 of 1998) provides that a person must not discriminate against another person on the ground of the attributes of sexual orientation, lawful sexual activity, gender, relationship status or association with a person who has, or is believed to have, any of these and other attributes. [L1.1].

Section 51 provides that a person may discriminate against another person on the ground of religious belief or affiliation or religious activity in relation to employment if the participation of the person in the observance or practice of a particular religion is a genuine occupational qualification or requirement in relation to the employment [L1.1], [R1.5].

Previously:

In April 2004, Tasmania's third largest city, Glenorchy (pronounced "Glenorcky"), became the first Tasmanian municipality, and quite likely the first in Australia, to adopt a social plan that includes tackling prejudice against sexual and gender minorities [R1.4].

In July 2010, Tasmania was reportedly to introduce a state Charter of Human Rights and Responsibilities that will help ensure all Tasmanians are treated fairly, equally and have the same opportunities in life [R1.3].

In December 2001, in an extraordinary reversal, the Tasmanian Legislative Council, which blocked gay law reform for many years, acted to uphold the employment rights of gay men and lesbians against the Catholic Church [R1.2].

The Tasmanian government had sought to amend the Anti-Discrimination Act to allow the Catholic Church wider discretion to discriminate against gay men and lesbians in employment in Church agencies.

In the Council, which is controlled by independents, the government was forced to drop hospitals and welfare agencies from its proposed exemption, leaving only schools.

In December 1998, the State Upper House passed the Government's Anti-discrimination Bill, including provisions preventing discrimination and incitement to hatred on the grounds of sexual orientation [R1.1].

Courts & Tribunals

On 27 May 2009, a tribunal found that the complaint made by a gay man refused permission to donate blood was unsubstantiated [R2.1].

State

Section 16 of the Anti-Discrimination Act 1998 (No. 46 of 1998) provides that a person must not discriminate against another person on the ground of the attributes of sexual orientation, lawful sexual activity, or gender [L1.4].

There are certain exemptions in Section 27 of the Act permitting a person to discriminate against another person on the ground of gender –

(a) in a religious institution, if it is required by the doctrines of the religion of the institution; or

(b) in education, if it is for the purpose of enrolment in one-gender schools or hostels; or

(c) in employment, if it is for the purpose of the residential care of persons under the age of 18 years; or

(d) in employment, if it is based on a genuine occupational qualification or requirement in relation to a particular position; or

(e) in accommodation, if it is shared accommodation for less than 5 adult persons.

Tasmanian Law recognises the "new" gender after Gender Reassignment treatment [R1.3]

In November 2000, Tasmania lifted a 65-year-old ban on cross-dressing [R1.2] –

Section 8(1)d of the 1935 Tasmanian Police Offences Act criminalised men dressing as women between sunset and sunrise. The law likely targeted bushrangers who crossdressed to elude police, and thieves who dressed as prostitutes to rob whalers [R1.1].

Courts & Tribunals

In July 2004, Justice Alan Blow of the Supreme Court of Tasmania in Hobart dismissed an appeal agreeing with the Anti-Discrimination Tribunal which ruled in June last year that transsexual Roslyn Houston be compensated after she was verbally abused, called a "sicko" and a "pervert" and poked in the chest by her neighbour.

The judgment was not only a victory for Ms Houston but it extended the scope of the accommodation section of anti-discrimination law to include neighbours as well as landlords [R2.2].

In June 2003, the Tasmanian Anti-discrimination Tribunal awarded damages of $4000 to a transgender woman who was harassed by her neighbours, finding that whilst the conventional interpretations of discrimination in accommodation as being about the landlord tenant relationship the definition included discrimination by neighbours [R2.1].

State

Section 17 of the Anti-Discrimination Act 1998 (No. 46 of 1998) provides that a person must not engage in any conduct which offends, humiliates, intimidates, insults or ridicules another person on the basis of sexual orientation, lawful sexual activity, gender and other attributes, or sexually harass another person [L1.3].

Previously:

In 1999, the Tasmanian Education Department was the first government education agency in Australia to adopt a mandatory anti-discrimination and anti-harassment policy dealing with homophobic and transphobic prejudice [R1.2].

It has since been augmented by curriculum materials, language policy guidelines, a policy on transgender young people and regular professional development for teachers

In January 2010, it was reported that a Chilean couple living in Hobart had received daily threats of violence from other residents, as well as having rocks and bricks thrown through their windows [R1.1].

In 2000, the Tasmanian Government committed itself to professional development for all state school teachers in sexuality issues by 2010 [R1.2].

Courts & Tribunals

In December 2005, the Anti-Discrimination Tribunal awarded a woman $1,200 compensation for sexual harassment she received while working as a Metro bus driver [R2.1].

State

Section 19 of the Tasmanian Anti-Discrimination Act 1998 makes it an offence to incite hatred towards, serious contempt for, or severe ridicule of, a person or a group of persons on several grounds including sexual orientation or lawful sexual activity [L1.1].

Sexual orientation is defined in Section 3 of the Act to include heterosexuality, homosexuality, bisexuality, or transsexuality.

Courts & Tribunals

In October 2011, in what is believed to be the first instance of someone being charged and convicted for the offence in Tasmania, an HIV man was sentenced to five months' jail for putting another person at risk of contracting HIV and in breach a Public Health Order, which required him not to participate in any activity that might transmit the disease [R1.1].

State

On 01 May 1997, the Upper House passed the bill repealing the criminal law prohibiting consensual sex between same-sex couples [R1.1].

State

Section 44 of the Administration and Probate Act 1935 [L1.1] provides that -

If (a) the net value of the residuary estate does not exceed $50 000; or (b) the intestate leaves no issue, the residuary estate shall be held upon trust for the surviving husband or wife absolutely.

If the intestate leaves a husband or wife and a partner (emphasis added), the whole or any part of the residuary estate of the intestate required to be held in trust for the husband or wife of the intestate is to be held in trust for (a) the partner who was the partner for a continuous period of not less than 2 years immediately before the death of the intestate if the intestate during the whole or any part of that period of 2 years did not live with the husband or wife; or (b) in any other case, the husband or wife.

If the estate exceeds $50,000 and the intestate leaves issue certain other provisions apply.

National

The Federal Marriage Act 1961 governs marriage in Australia

See: FEDERAL - MARRIAGE

On 21 September 2011, the Tasmanian (Lower) House of Assembly passed (13–9) an historic motion backing same-sex marriage, putting pressure on the Federal Government to change the Marriage Act [R1.5].

On 30 September 2010, the upper house of the legislature passed the Relationships Amendment (Recognition of Registered Relationships) Act 2010 amending the Relationships Act 2003 allowing gay couples from other states and overseas to be automatically recognized as partners in a Tasmanian Deed of Relationship [R1.4].

On 31 August 2010, in a 22–3 vote, the Tasmanian Parliament approved laws recognising same-sex marriages and civil unions registered in other states or countries [R1.3].

In June 2008, the Green party in Tasmania announced it intended to to re-introduce same-sex marriage legislation originally tabled in 2005, despite opposition from both major political parties [R1.2].

On 12 April 2005, the Same-sex Marriage Bill 2005 and the accompanying Same-sex Marriage (Celebrant and Registration) Bill 2005 and Same-sex Marriage (Dissolution and Annulment) Bill 2005 were introduced to the Legislative Assembly by the Greens MHA Nicholas James McKim [R1.1].

National

The Federal Defence Act 1903 governs the Military in Australia

State

In November 2009, lesbian mothers who are not the biological parents of their children were granted legal recognition, which means that they will be listed as parents on a child's birth certificate, rather than having to go through costly adoption procedures [R1.4].

In August 2009, a Bill to recognise both mothers in lesbian families the state’s Lower House [R1.3].

In August 2003, the Relationships Act 2003 was passed by the Legislative Council allowing step-parent adoption, that is, the adoption by one registered partner of the biological child of their partner [R1.2].

State Government policy allows same-sex couples to foster children [R1.1].

State

Section 40 of the Relationships Act 2003 provides –

"(1) On an application by a partner for an order for the adjustment of interests in respect of the property of either or both the partners, a court may make any order it considers just and equitable having regard to

(a) the financial and non-financial contributions made directly or indirectly by or on behalf of either or both of the partners to the acquisition, conservation or improvement of any of the property; and

(b) the financial resources of either or both of the partners; and

(c) the contributions, including any contributions made in the capacity of homemaker or parent, made by a partner to the welfare of the other partner or to the welfare of the family constituted by the partners and one or more of (i) a child of the partners; or (ii) a child accepted by either or both the partners into the household of the partners, whether or not the child is a child of either of the partners; and

(d) the nature and duration of the relationship; and

(e) any relevant matter mentioned in section 47.

(2) A court may make an order in respect of property whether or not it has declared the title or rights of a partner in respect of the property [L1.1].