Domestic partnership in Tasmania
Encyclopedia
Tasmania
's Relationships Act 2003 provided for registration and recognition of a type of registered partnership
in two distinct categories: Significant Relationships and Caring Relationships. The same Act also amended 73 pieces of legislation to provide registered partners with nearly all of the rights offered to married couples within the state. Furthermore, since July 2009, these relationships are recognised at federal level, providing couples with almost all of the federal rights and benefits of marriage. The legislation came into effect on 1 January 2004. In September 2010, the Parliament of Tasmania
approved legislation to recognize same-sex unions performed outside Tasmania as a significant relationships.
Under the Status of Children Act 1974 (section 10C) http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=36%2B%2B1974%2BGS1%2FEN%2B20100101030000;histon=;prompt=;rec=;term= same-sex partners of women who give birth to children conceived through sperm donation, IVF or other artificial reproductive technology will be presumed to be the child's other parent or co-mother in the same way as male partners of heterosexual women since 1.1.2004 (when the Relationships Act 2003 http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=44%2B%2B2003%2BAT%40EN%2B20100101000000;histon=;prompt=;rec=;term= commenced). Lesbian co-mothers who went under IVF can have both female names on the birth cirtificate so they can access the same rights and duties for their children (such as medical or hospital forms, education processes, access to entitlements, etc.). The legislation on parentage from IVF is retrospective (meaning the laws apply for co-mothers even before the law went into effect) as it is currently in the WA, NT, ACT, NSW, VIC, QLD and the Commonwealth.
Also under the Adoption Act 1988 (section 29) http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=41%2B%2B1988%2BGS1%2FEN%2B20100101030000;histon=;prompt=;rec=;term= for a birth-mother's same-sex partner to adopt any children she has through fertility treatment under the stepchild adoption provision.
, had been encouraging all states to create relationship registers identical to Tasmania's model in order to create nationwide uniformity and consistent rights, while at the same time not supporting anything that appears too similar to marriage
. The following jurisdictions currently recognise Tasmanian registered partnerships since 2010:
The Australian Commonwealth Government
also recognises a Tasmanian registered partnership as a "de facto relationship" under federal law. De facto couples, whether same-sex or opposite-sex, are entitled to nearly all of the federal rights of marriage since 1 July 2009.
In September 2010, the Tasmanian parliament passed legislation to recognize out-of-state same-sex unions as a significant relationships.
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 Relationships Act 2003 provided for registration and recognition of a type of registered partnership
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,...
in two distinct categories: Significant Relationships and Caring Relationships. The same Act also amended 73 pieces of legislation to provide registered partners with nearly all of the rights offered to married couples within the state. Furthermore, since July 2009, these relationships are recognised at federal level, providing couples with almost all of the federal rights and benefits of marriage. The legislation came into effect on 1 January 2004. In September 2010, the Parliament of Tasmania
Parliament of Tasmania
The Parliament of Tasmania consists of the Tasmanian Legislative Council, Tasmanian House of Assembly and the Monarch represented by the Governor of Tasmania....
approved legislation to recognize same-sex unions performed outside Tasmania as a significant relationships.
Significant relationships
Both same-sex and mixed-sex couples can register a Significant Relationship if both are unrelated, unmarried adults living in Tasmania.Caring relationships
Likewise, two adults residing in Tasmania, related or not, can register a Caring Relationship if one provides the other with domestic support and personal care. The parties cannot be married to each other, cannot be in an existing significant or caring relationship, and neither can be receiving payment for the care of the other either from employment or government departments.Rights and benefits
Both types of relationships provide some rights in the following areas:- Superannuation (pension/retirement benefits)
- Taxation
- Insurance
- Health Care
- Hospital Visitation
- Wills
- Property Division
- Employment Conditions (such as parenting and bereavement leave)
Adoption and parenting rights
Same-sex couples cannot be assessed to be adoptive parents of children relinquished by other people (the full joint adoption process) the only law that discriminates against same sex couples in Tasmania. However, they may adopt their partner's child or children they already care for in some circumstances.Under the Status of Children Act 1974 (section 10C) http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=36%2B%2B1974%2BGS1%2FEN%2B20100101030000;histon=;prompt=;rec=;term= same-sex partners of women who give birth to children conceived through sperm donation, IVF or other artificial reproductive technology will be presumed to be the child's other parent or co-mother in the same way as male partners of heterosexual women since 1.1.2004 (when the Relationships Act 2003 http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=44%2B%2B2003%2BAT%40EN%2B20100101000000;histon=;prompt=;rec=;term= commenced). Lesbian co-mothers who went under IVF can have both female names on the birth cirtificate so they can access the same rights and duties for their children (such as medical or hospital forms, education processes, access to entitlements, etc.). The legislation on parentage from IVF is retrospective (meaning the laws apply for co-mothers even before the law went into effect) as it is currently in the WA, NT, ACT, NSW, VIC, QLD and the Commonwealth.
Also under the Adoption Act 1988 (section 29) http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=41%2B%2B1988%2BGS1%2FEN%2B20100101030000;histon=;prompt=;rec=;term= for a birth-mother's same-sex partner to adopt any children she has through fertility treatment under the stepchild adoption provision.
Recognition from other jurisdictions of Australia
Partnerships that are registered in Tasmania are not automatically recognised in most parts of Australia when travelling or moving interstate. Since being elected in 2007, the then current Prime Minister, Kevin RuddKevin 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...
, had been encouraging all states to create relationship registers identical to Tasmania's model in order to create nationwide uniformity and consistent rights, while at the same time not supporting anything that appears too similar to marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
. The following jurisdictions currently recognise Tasmanian registered partnerships since 2010:
- Australian Capital TerritoryAustralian Capital TerritoryThe Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...
(civil partnership) - New South WalesNew South WalesNew South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
(registered partnership) - Victoria (Australia)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....
(registered partnership)
The Australian Commonwealth Government
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...
also recognises a Tasmanian registered partnership as a "de facto relationship" under federal law. De facto couples, whether same-sex or opposite-sex, are entitled to nearly all of the federal rights of marriage since 1 July 2009.
In September 2010, the Tasmanian parliament passed legislation to recognize out-of-state same-sex unions as a significant relationships.