Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion.
Briefing Paper No. 12/1999 by Rachel Simpson and Marie Swain
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- The rationale for introducing legislative change in relation to
parties in same-sex relationships is to ensure that all New South Wales
citizens are treated equally before the law. At present those in same-sex
relationships receive different treatment to those in heterosexual
relationships in many areas of daily life. Illustrations of where this occurs,
and the arguments for and against the recognition of same-sex relationships are
presented on pages 1 to 10.
- Five ways in which legal recognition of same-sex relationships
could be achieved are discussed on pages 10 to 19. These are: permitting
same-sex marriages (pp. 10-12); broadening the definition of de facto partner
under existing legislation (pp. 12-14); creating domestic partnerships (pp.
15-16); adjusting individual statutes (pp. 16-18); and amending existing
discrimination laws (p. 19). Examples of approaches taken overseas and in other
Australian jurisdictions are provided where appropriate.
- The current position in New South Wales is outlined on pages 20
to 32. In 1995 the Carr government foreshadowed changes in this area would be
made (p. 20) and since this time certain attempts have been made. The first was
the introduction of the Significant Personal Relationships Bill by Ms Moore MP
in 1997 (pp. 20-24), followed in 1998 by the De Facto Relationships Amendment
Bill introduced by the Hon E Kirkby MLC (pp. 24-28). Neither of these Bills
were passed. As recently as 13 May 1999 the Government introduced the Property
(Relationships) Legislation Amendment Bill (pp. 28-31).
