State

On 21 March 2002, the Acts Amendment (Lesbian and Gay Law Reform) Act 2002 was passed and came into effect on 20 September 2002. The age of consent for consensual sex between same-sex partners was lowered from 21 years to 16 years [R1.5].

Criminal Code Act Compilation Act 1913 [L1.4]

Part V Offences against the person … Chapter XXXI Sexual Offences

Section 321. Child of or over 13 and under 16, sexual offences against

(1) In this section, child means a child of or over the age of 13 years and under the age of 16 years.

(2) A person who sexually penetrates a child is guilty of a crime and is liable to the punishment in subsection (7). (imprisonment for 14 years).

Previously:

In November 2001, legislation to lower the homosexual age of consent from 21 to 16 was introduced in Parliament, but adults will no longer be able to use the excuse that they believed underage victims were 16 [R1.3].

In August 2001, a package of reforms promised by the state Government would lower the age from 21 to 16 and gay couples will be able to adopt children and have access to IVF treatment [R1.2].

In July 1999, Western Australia and New South Wales were the only States to differentiate between male homosexual sex and heterosexual and lesbian sex by having a higher age of consent for sex between males [R1.1].

State

On 21 March 2002, the Acts Amendment (Lesbian and Gay Law Reform) Act 2002 was passed and came into on 20 September 2002. Same-sex couples can now access IVF treatment [R1.2].

Lesbian co-parents will both be listed on the child's birth certificate [R1.1].

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 and custody matters in Australia

See: FEDERAL: ACCESS TO, CUSTODY OF CHILDREN

Courts & Tribunals

In January 2003, a lesbian's bid to reduce the role played in her child's life by the gay father was rejected by WA's Family Court and Justice Nicholas Tolcon instead ordered the parents to have counselling to address their animosity [R2.1].

State

On 21 March 2002, the Acts Amendment (Lesbian and Gay Law Reform) Act 2002 passed and came into effect on 20 September 2002. A "couple" are now considered to be de facto, even if one or both are married or in another de facto relationship [R1.4].

Next of kin provisions have changed to include de factos in a number of areas, including for medical treatment and for inheritance purposes.

In May 2007, gay and lesbian community groups launched a do-it-yourself relationship registration kit [R1.3].

In October 2000, members of the parliament voted not to pay a parliamentary pension to the partner of openly lesbian MP Giz Watson in the event of Watson's death [R1.2].

In the absence of either a National or state-based registry, 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 [R1.1].

Courts & Tribunals

Western Australia has its own Family Court, where same-sex couples can have parenting and financial matters resolved in a single application [R2.1].

State

On 21 March 2002, the Acts Amendment (Lesbian and Gay Law Reform) Act 2002 was passed and came into effect on 20 September 2002. It is now unlawful to discrimination against people on the basis of sexual orientation in the areas of employment, education, accommodation and the provision of goods, services and facilities [R1.6].

Previously:

In December 2001, the Legislative Assembly has passed the Acts Amendment (Sexuality Discrimination) Bill [R1.5].

In November 2001, the Acts Amendment (Lesbian and Gay Law Reform) Bill 2001 to give gay and lesbian people the same rights as all others in the community was introduced to State Parliament [R1.4].

In November 2000, the Liberal Party's move to halt the progress of Western Australia's Acts Amendment (Sexuality Discrimination) Bill was described as "unconscionable" [R1.3].

In November 1997, a bill that would add gays and lesbians to the groups currently protected by the state's Equal Opportunity Bill and lower the age of consent for gay men from 21 to 16 (as it is for heterosexuals and lesbians) failed to pass in the West Australian Parliament [R1.2].

In September 1996, the Western Australian State Government has voted against legislation which would have protected gays and lesbians from discrimination on the basis of sexuality [R1.1].

Courts & Tribunals

In December 1996, the Human Rights and Equal Opportunity Commission (HREOC) found that prison policies which require HIV positive prisoners to be placed in maximum security separate from other prisoners, were discriminatory [R2.1].

State

On 21 March 2002 the Acts Amendment (Lesbian and Gay Law Reform) Act 2002 was passed and came into effect on 20 September 2002. A "couple" are now considered to be de facto, even if one or both are married or in another de facto relationship and regardless of their "sex" [R1.3].

Transsexual and transgender persons are NOT covered under the amendments to the anti-discrimination law

In March 2000, the Gender Reassignment Bill finally passed through State Parliament more than two years after being introduced [R1.2].

In December 1999, the Gender Reassignment Bill was passed establishing a board to issue recognition certificates to persons who have undergone gender reassignment procedures, to enable the Registrar-General to register the reassignment of gender and to issue a new birth certificate showing the person's gender, and to provide protection from discrimination on the ground of gender history when a person has undergone reassignment procedures [R1.1].

Courts & Tribunals

On 06 October 2011, the High Court of Australia allowed the appeal of two Western Australian (female-to-male) trans men who challenged the interpretation of the WA Gender Reassignment Act. The Court ruled there was no justification for requiring people to have costly and unnecessary surgeries in order to have their sex recognised in documentation [C2.6], [R2.5].

Previously:

On 08 April 2011, two WA transgender men were granted the opportunity to argue for leave to appeal to the High Court of Australia against their being denied gender recognition certificates [R2.4].

In September 2010, the WA Court of Appeal ruled two female-to-male transsexuals could not have their male gender recognised in law, saying they had no male genital and reproductive characteristics. Both had double mastectomies and testosterone treatment, but have not had hysterectomies or penis construction surgery. A High Court appeal is mooted [R2.3].

In August 2009, the State Administrative Tribunal found that because the Gender Reassignment Act did not specify reproductive surgery as a requirement, two transmen could be legally considered men even with female reproductive organs [R2.2].

The WA Attorney-General was expected to appeal the decision, saying that the ruling means a person can be legally male and yet still bear children, which could have significant and unforeseen effects on WA law. [R2.1].

Courts & Tribunals

In August 1997, upheld the decision [R1.2].

In March 1996, the Full Bench of the Supreme Court of Western Australia upheld the City of Perth appeal against the 1993 Equal Opportunity Tribunal finding that councillors discriminated against members of People Living with HIV/AIDS (PLWHA) when they voted against the establishments of a drop-in centre in North Perth in 1990 [R1.1].

State

In 1989, consensual sex between same sex couples was decriminalized.

State

On 21 March 2002, the Acts Amendment (Lesbian and Gay Law Reform) Bill 2001 was passed 21 March 2002 and came into effect on 20 September 2002. A surviving same-sex partner now inherits their deceased partner's estate on the same basis as de facto couples [R1.1].

National

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

State

On 21 March 2002, the Acts Amendment (Lesbian and Gay Law Reform) Act 2002 was passed and came into effect on 20 September 2002. Same-sex couples have access to adoption procedures [R1.2].

Same-sex couples can co-adopt their partner's children or be considered step-parents, in the exact same way as opposite sex couples

In June 2007, two Western Australian men have become the first same-sex couple in Australia to legally adopt a child [R1.1].

Courts & Tribunals

Western Australia has its own Family Court, where same-sex couples can have parenting and financial matters resolved in a single application [R2.1].

State

On 21 March 2002, the Acts Amendment (Lesbian and Gay Law Reform) Bill 2001 was passed and came into into effect on 20 September 2002. Same-sex couples are now able to transfer property on the same basis as de facto couples [R1.2].

Stamp duty on the transfer of an interest in a home from one to both heterosexual partners names, such as on marriage, or from two to one after divorce get concessional treatment for stamp duty. This concession does not extend to same-sex couples [R1.1].

Courts & Tribunals

In July 1998, the Supreme Court ordered that a lesbian give her former lover one-third of the sale proceeds from a house which they shared for five years after immigrating from the United Kingdom [R2.1].

State

On 21 March 2002, the Acts Amendment (Lesbian and Gay Law Reform) Act 2002 was passed and came into effect on 20 September 2002. State public sector workers in same-sex relationships are now entitled to equal rights in nominating superannuation beneficiaries [R1.1].

Outside the State public sector, Federal rules apply, and workers in same-sex relationships cannot be sure their super will go to a same sex partner if they die [R1].

Courts & Tribunals

In March 2002, the Industrial Relations Commission found the dismissal of former head of physical education was "harsh, oppressive and unfair" and awarded her $10,000 [R1.1].

State

In March 1996, a gay man suffering "battered wife syndrome" was sentenced by the Western Australian Supreme Court to 12 months jail for stabbing his abusive lover to death [R1.1].