Recognition of same-sex unions in the Australian Capital Territory
Encyclopedia
The Australian Capital Territory
was the first jurisdiction in Australia to legally recognise same-sex couples in 1994. It was the second to allow joint adoption petitions by same-sex couples in 2003, following Western Australia
. It would also have been the first to allow civil union
s after its Civil Unions Act passed the Legislative Assembly in 2006 had it not been rejected by the Commonwealth. The ACT is currently operating a civil partnership registry which commenced 19 May 2008 under the Civil Partnership Act 2008.
was the Domestic Relationship Act 1994. This provided for distribution of property and finances in the event of a separation, and inheritance in the event of death.
Government to get rid of all discrimination against gay men, lesbians, transgendered, their partners and even their children in every piece of ACT law and statutes. This acts were called the;
Legislation (Gay, Lesbian and Transgender) Amendment Act 2003;
Discrimination Amendment Act 2003;
Parentage Act 2004;
Sexuality Discrimination Legislation Amendment Act 2004;
Human Rights Act 2004 and;
Adoption Amendment Act 2004
Link to 2003 notified Acts http://www.legislation.act.gov.au/a/annual/2003.asp
Link to 2004 notified Acts http://www.legislation.act.gov.au/a/annual/2004.asp
s for same-sex or opposite-sex couples, providing equal legal recognition with marriage under territory law. The Australian Capital Territory
was the first jurisdiction in Australia to pass such legislation, attracting national attention and sparking a conflict between the ACT and the Commonwealth
.
Attorney-General
Philip Ruddock
said that the draft bill "will not satisfy the Commonwealth" and it would intervene unless the bill was changed. The Stanhope Government changed the specified parts of the bill, however, according to the Attorney-General, other changes were made which circumvented these changes.
The Civil Unions Bill 2006 passed the Australian Capital Territory Legislative Assembly
on 11 May 2006. Following the law's enactment on 9 June 2006, the Attorney-General of Australia
announced that the Commonwealth would move to overrule it. On 13 June 2006, the Federal Executive Council
instructed the Governor-General of Australia
to disallow the Act. The disallowance of the Civil Unions Act was criticised heavily by opposition parties and civil rights advocates, and on 15 June 2006 a motion was moved in the Australian Senate
to overturn it and reinstate the legislation. This motion was defeated 32-30 by the majority Coalition
members, despite Gary Humphries
crossing the floor
.
laws. ACT Attorney-General Simon Corbell made the territory's position clear, stating "It's still our intention to give the same level of recognition provided for in the Civil Unions Act." A second ACT bill, the Civil Partnerships Bill 2006, replaced the term "civil union" with "civil partnership", but was essentially the same in its effect. It was blocked again in February 2007.
, the new Prime Minister, Kevin Rudd
, said that he would not override ACT legislation allowing for civil unions because it was a matter for states and territories.
In December 2007, the Civil Partnerships Bill went before the ACT Legislative Assembly, but quickly stalled. In February 2008, Attorney-General Robert McClelland
responded to the proposed ACT legislation, saying the Rudd
Government would not allow civil unions, and reiterated Labor
's preference for a system of state-based relationship registers, similar to Tasmania
's model. McClelland said that "the ceremonial aspects of the ACT model were inappropriate." The federal government was willing to accept state-based relationship registers so long as they did not "mimic marriage" by allowing a ceremony. McClelland's position was criticised by Greens
Senator Bob Brown
, who said it was the ugly face of Labor
conservatism.
In May 2008, after several attempts to amend the scheme, ACT Attorney-General Simon Corbell announced the Territory had abandoned its civil partnerships legislation, eliminated any ceremonial aspects, and settled for a system of relationship registers virtually identical to the ones operating in Tasmania
and Victoria
. The federal Government had not compromised at any point during negotiations. The legislation passed the ACT Legislative Assembly
on 8 May 2008, giving same-sex couples increased access to superannuation, taxation and social security law reforms. While legislative ceremonies were removed from the Bill, an administrative ceremony may be performed by a representative the ACT Register-General. The Civil Partnerships Act 2008 commenced on 19 May 2008.
by the ACT Greens
on 26 August 2009, allowing ceremonies to be conducted with civil partnerships, which was the contentious item removed from last years' legislation. Labor initially accused the Greens of playing politics by resurrecting the issue, but unanimously backed the bill as a matter of principle as it is Labor Party policy to support civil unions.
The bill was approved by legislators on 11 November after an amendment was inserted banning straight couples from having a civil partnership ceremony. This made the ACT the first territory in the country to legalise civil partnerships ceremonies for gay couples. The federal government had threatened to quash the legislation after it was passed, but after discussions, the federal attorney general said the issue had been resolved satisfactorily, requiring that same-sex partners register their intention to hold a ceremony. The ACT Legislative Assembly will introduce the amendments when it next sits.
Katy Gallagher
expressed her support of same-sex marriage. Gallagher also met with Prime Minister
Julia Gillard
to discuss a bill put forward by the Australian Greens
which would remove the right of ministerial veto over territory laws, handing the override power to the federal parliament. Gallagher was stated as saying "“I made it clear the (ACT) government supports the bill; the assembly as a whole supports it except for the local Liberals."
Australian Capital Territory
The Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...
was the first jurisdiction in Australia to legally recognise same-sex couples in 1994. It was the second to allow joint adoption petitions by same-sex couples in 2003, following Western Australia
Western Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
. It would also have been the first to allow civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s after its Civil Unions Act passed the Legislative Assembly in 2006 had it not been rejected by the Commonwealth. The ACT is currently operating a civil partnership registry which commenced 19 May 2008 under the Civil Partnership Act 2008.
Domestic Relationship Act 1994
The first legislation to officially recognise same-sex couples in the ACTAustralian Capital Territory
The Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...
was the Domestic Relationship Act 1994. This provided for distribution of property and finances in the event of a separation, and inheritance in the event of death.
6 Other pieces of legislation in 2003 and 2004
9 years later 6 extra acts came into force that was passed by the StanhopeJon Stanhope
Jonathan Ronald Stanhope is a former Australian politician who was Labor Chief Minister of the Australian Capital Territory from 2001 to 2011. Stanhope represented the Ginninderra electorate in the ACT Legislative Assembly from 1998 until 2011. He resigned as Chief Minister on 12 May 2011 and as...
Government to get rid of all discrimination against gay men, lesbians, transgendered, their partners and even their children in every piece of ACT law and statutes. This acts were called the;
Legislation (Gay, Lesbian and Transgender) Amendment Act 2003;
Discrimination Amendment Act 2003;
Parentage Act 2004;
Sexuality Discrimination Legislation Amendment Act 2004;
Human Rights Act 2004 and;
Adoption Amendment Act 2004
Link to 2003 notified Acts http://www.legislation.act.gov.au/a/annual/2003.asp
Link to 2004 notified Acts http://www.legislation.act.gov.au/a/annual/2004.asp
Civil Unions Act 2006
Initially proposed in March 2006, the Civil Unions Bill 2006 was intended to established civil unionCivil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s for same-sex or opposite-sex couples, providing equal legal recognition with marriage under territory law. The Australian Capital Territory
Australian Capital Territory
The Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...
was the first jurisdiction in Australia to pass such legislation, attracting national attention and sparking a conflict between the ACT and the Commonwealth
Government of Australia
The Commonwealth of Australia is a federal constitutional monarchy under a parliamentary democracy. The Commonwealth of Australia was formed in 1901 as a result of an agreement among six self-governing British colonies, which became the six states...
.
Attorney-General
Attorney-General of Australia
The Attorney-General of Australia is the first law officer of the Crown, chief law officer of the Commonwealth of Australia and a minister of the Crown. The Attorney-General is usually a member of the Federal Cabinet, but there is no constitutional requirement that this be the case since the...
Philip Ruddock
Philip Ruddock
Philip Maxwell Ruddock is an Australian politician who is currently a member of the House of Representatives representing the Division of Berowra, New South Wales, for the Liberal Party of Australia...
said that the draft bill "will not satisfy the Commonwealth" and it would intervene unless the bill was changed. The Stanhope Government changed the specified parts of the bill, however, according to the Attorney-General, other changes were made which circumvented these changes.
The Civil Unions Bill 2006 passed the Australian Capital Territory Legislative Assembly
Australian Capital Territory Legislative Assembly
The Australian Capital Territory Legislative Assembly is the unicameral legislature of the Australian Capital Territory...
on 11 May 2006. Following the law's enactment on 9 June 2006, the Attorney-General of Australia
Attorney-General of Australia
The Attorney-General of Australia is the first law officer of the Crown, chief law officer of the Commonwealth of Australia and a minister of the Crown. The Attorney-General is usually a member of the Federal Cabinet, but there is no constitutional requirement that this be the case since the...
announced that the Commonwealth would move to overrule it. On 13 June 2006, the Federal Executive Council
Federal Executive Council
The Federal Executive Council is the formal body holding executive authority under the Constitution of Australia. It is equivalent to the other Executive Councils in other Commonwealth Realms such as the Executive Council of New Zealand and is equivalent to the Privy councils in Canada and the...
instructed the Governor-General of Australia
Governor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...
to disallow the Act. The disallowance of the Civil Unions Act was criticised heavily by opposition parties and civil rights advocates, and on 15 June 2006 a motion was moved in the Australian Senate
Australian Senate
The Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives. Senators are popularly elected under a system of proportional representation. Senators are elected for a term that is usually six years; after a double dissolution, however,...
to overturn it and reinstate the legislation. This motion was defeated 32-30 by the majority Coalition
Coalition (Australia)
The Coalition in Australian politics refers to a group of centre-right parties that has existed in the form of a coalition agreement since 1922...
members, despite Gary Humphries
Gary Humphries
Gary John Joseph Humphries has been a member of the Australian Senate representing the Australian Capital Territory for the Liberal Party of Australia since 2003...
crossing the floor
Crossing the floor
In politics, crossing the floor has two meanings referring to a change of allegiance in a Westminster system parliament.The term originates from the British House of Commons, which is configured with the Government and Opposition facing each other on rows of benches...
.
Civil Partnerships Bill 2006
In December 2006, the Australian Capital Territory government indicated that it would proceed with new legislation recognising same sex unions based on the United Kingdom civil partnershipCivil partnerships in the United Kingdom
Civil partnerships in the United Kingdom, granted under the Civil Partnership Act 2004, give same-sex couples rights and responsibilities identical to civil marriage...
laws. ACT Attorney-General Simon Corbell made the territory's position clear, stating "It's still our intention to give the same level of recognition provided for in the Civil Unions Act." A second ACT bill, the Civil Partnerships Bill 2006, replaced the term "civil union" with "civil partnership", but was essentially the same in its effect. It was blocked again in February 2007.
Civil Partnerships Act 2008
In December 2007, following the 2007 election and the newly elected Labor Government, discussions about reintroducing a revised civil partnerships bill began again. Unlike his predecessor, John HowardJohn Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....
, the new Prime Minister, Kevin Rudd
Kevin Rudd
Kevin Michael Rudd is an Australian politician who was the 26th Prime Minister of Australia from 2007 to 2010. He has been Minister for Foreign Affairs since 2010...
, said that he would not override ACT legislation allowing for civil unions because it was a matter for states and territories.
In December 2007, the Civil Partnerships Bill went before the ACT Legislative Assembly, but quickly stalled. In February 2008, Attorney-General Robert McClelland
Robert McClelland (Australian politician)
Robert Bruce McClelland is the Attorney-General of Australia. He has been an Australian Labor Party member of theAustralian House of Representatives since March 1996, representing the Division of Barton, New South Wales...
responded to the proposed ACT legislation, saying the Rudd
Kevin Rudd
Kevin Michael Rudd is an Australian politician who was the 26th Prime Minister of Australia from 2007 to 2010. He has been Minister for Foreign Affairs since 2010...
Government would not allow civil unions, and reiterated Labor
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
's preference for a system of state-based relationship registers, similar to Tasmania
Tasmania
Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
's model. McClelland said that "the ceremonial aspects of the ACT model were inappropriate." The federal government was willing to accept state-based relationship registers so long as they did not "mimic marriage" by allowing a ceremony. McClelland's position was criticised by Greens
Australian Greens
The Australian Greens, commonly known as The Greens, is an Australian green political party.The party was formed in 1992; however, its origins can be traced to the early environmental movement in Australia and the formation of the United Tasmania Group , the first Green party in the world, which...
Senator Bob Brown
Bob Brown
Robert James Brown is an Australian senator, the inaugural Parliamentary Leader of the Australian Greens and was the first openly gay member of the Parliament of Australia...
, who said it was the ugly face of Labor
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
conservatism.
In May 2008, after several attempts to amend the scheme, ACT Attorney-General Simon Corbell announced the Territory had abandoned its civil partnerships legislation, eliminated any ceremonial aspects, and settled for a system of relationship registers virtually identical to the ones operating in Tasmania
Tasmania
Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
and Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
. The federal Government had not compromised at any point during negotiations. The legislation passed the ACT Legislative Assembly
Australian Capital Territory Legislative Assembly
The Australian Capital Territory Legislative Assembly is the unicameral legislature of the Australian Capital Territory...
on 8 May 2008, giving same-sex couples increased access to superannuation, taxation and social security law reforms. While legislative ceremonies were removed from the Bill, an administrative ceremony may be performed by a representative the ACT Register-General. The Civil Partnerships Act 2008 commenced on 19 May 2008.
Civil Partnerships Amendment Bill 2009
The Civil Partnerships Amendment Bill 2009 was presented to the ACT Legislative AssemblyLegislative Assembly
Legislative Assembly is the name given in some countries to either a legislature, or to one of its branch.The name is used by a number of member-states of the Commonwealth of Nations, as well as a number of Latin American countries....
by the ACT Greens
Greens
Greens may refer to:*Leaf vegetables such as collard greens, mustard greens, spring greens, winter greens, spinach, etc.-Politics:Supranational* Green politics* Green party, political parties adhering to Green politics* Global Greens...
on 26 August 2009, allowing ceremonies to be conducted with civil partnerships, which was the contentious item removed from last years' legislation. Labor initially accused the Greens of playing politics by resurrecting the issue, but unanimously backed the bill as a matter of principle as it is Labor Party policy to support civil unions.
The bill was approved by legislators on 11 November after an amendment was inserted banning straight couples from having a civil partnership ceremony. This made the ACT the first territory in the country to legalise civil partnerships ceremonies for gay couples. The federal government had threatened to quash the legislation after it was passed, but after discussions, the federal attorney general said the issue had been resolved satisfactorily, requiring that same-sex partners register their intention to hold a ceremony. The ACT Legislative Assembly will introduce the amendments when it next sits.
Proposal to remove Ministerial veto over Territory laws
In 2011 ACT Chief MinisterChief Minister of the Australian Capital Territory
The Chief Minister of the Australian Capital Territory is the head of government of the Australian Capital Territory. The leader of party with the largest representation of seats in the unicameral Australian Capital Territory Legislative Assembly usually takes on the role...
Katy Gallagher
Katy Gallagher
Katy Gallagher , an Australian politician, is the sixth and current Chief Minister of the Australian Capital Territory and a member of the Australian Capital Territory Legislative Assembly since 2001, representing the electorate of Molonglo for the Australian Labor Party...
expressed her support of same-sex marriage. Gallagher also met with Prime Minister
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...
Julia Gillard
Julia Gillard
Julia Eileen Gillard is the 27th and current Prime Minister of Australia, in office since June 2010.Gillard was born in Barry, Vale of Glamorgan, Wales and migrated with her family to Adelaide, Australia in 1966, attending Mitcham Demonstration School and Unley High School. In 1982 Gillard moved...
to discuss a bill put forward by the Australian Greens
Australian Greens
The Australian Greens, commonly known as The Greens, is an Australian green political party.The party was formed in 1992; however, its origins can be traced to the early environmental movement in Australia and the formation of the United Tasmania Group , the first Green party in the world, which...
which would remove the right of ministerial veto over territory laws, handing the override power to the federal parliament. Gallagher was stated as saying "“I made it clear the (ACT) government supports the bill; the assembly as a whole supports it except for the local Liberals."