LGBT rights in South Australia
Encyclopedia
Same-sex couples in South Australia
have access to many spousal rights and can easily prove that a relationship exists through a domestic partnership agreement. South Australia was the first state to legalise sexual conduct between males in 1975, and in 2004 was the first to consider allowing civil unions for gay couples.
However, South Australia is now the only jurisdiction in Australia to ban fertile single women and lesbians from accessing IVF treatment. South Australia requires single women and lesbians to be "medically infertile" in order to receive IVF treatment under a 1996 Supreme Court of South Australia ruling http://www.austlii.edu.au/au/cases/sa/SASC/1993/4337.html. South Australia is also the only state or territory in Australia to ban altruistic surrogacy for singles and same-sex couples under the Statutes Amendment (Surrogacy) Act 2009http://www.legislation.sa.gov.au/LZ/V/A/2009/STATUTES%20AMENDMENT%20(SURROGACY)%20ACT%202009_64/2009.64.UN.PDF.
Labor
government introduced a consenting adults in private type defence in South Australia
. This defence was later introduced as a bill by Murray Hill, father of former Defence Minister
Robert Hill
, In 1975, South Australia
became the first state or territory to legalise sexual conduct between males.
's Equal Opportunity Act 1984http://www.legislation.sa.gov.au/LZ/C/A/EQUAL%20OPPORTUNITY%20ACT%201984/CURRENT/1984.95.UN.PDF it is unlawful to discriminate in clubs, pubs, other establishments, property entitlements, trade unions, restaurants, housing, memberships to establishments, goods and services, education and training, etc. (religious exceptions still apply). The Act since 1988 also expressly says that it is not discrimination in refusing to providing ART or IVF services for certain women under section 5 which quotes -
(a) A reference in this Act or in the repealed Sex Discrimination Act 1975 to the provision
of a service does not include, and will be taken never to have included, the carrying
out of either of the following fertilisation procedures:
(a) artificial insemination; or
(b) the procedure of fertilising an ovum outside the body and transferring the
fertilised ovum into the uterus.
passed the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003 (number 13).
South Australia became the first state to consider allowing civil unions for gay couples when MP Mark Brindal proposed the Civil Unions Bill 2004 in October 2004. Brindal said, "Same sex attracted people make invaluable contributions to society, and society can no longer afford the hypocrisy to deny them the right to formalise their relationships."
Following the failure of the 2004 Civil Unions Bill, the Statutes Amendment (Relationships No 2) Bill 2005 was written to amend 82 South Australian laws, so that same-sex and heterosexual couples would be treated identically. This also failed to pass the House.
The Statutes Amendment (Domestic Partners) Act 2006 (Number 43), which took effect 1 June 2007, amended 97 Acts
, dispensing with the term "de facto" and categorising couples as "domestic partners". This meant same-sex couples and any two people who live together are now covered by the same laws. Same-sex couples may make a written agreement called a Domestic Partnership Agreement about their living arrangements. This may be prepared at any time and is legal from the time it is made, but must meet other requirements, such as joint commitments, before being recognised as domestic partners. Until the bill’s passage South Australia
was the only state or territory to not recognise same-sex couples in legislation.
In 2009 the Commonwealth Powers (De Facto Relationships) Act 2009 http://www.legislation.sa.gov.au/LZ/C/A/COMMONWEALTH%20POWERS%20(DE%20FACTO%20RELATIONSHIPS)%20ACT%202009.aspx to allow the referrals of a de facto partners property and superannuation to the Commonwealth as family law under the Family Law Act 1975 http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/ just as all other states have done previously (Assented 10 December 2009; Commenced 1 July 2010)
In 2010 the Family Relationships (Parentage) Amendment Bill 2010http://www.legislation.sa.gov.au/LZ/B/CURRENT/FAMILY%20RELATIONSHIPS%20(PARENTAGE)%20AMENDMENT%20BILL%202010_HON%20TAMMY%20JENNINGS%20MLC.aspx is a proposed law that will recognise co-mothers in same sex relationships and their children was introduced by Greens member Tammy Jennings
just after the recent 2010 South Australian state election to the Legislative Council (upper house) and passed by a conscience vote of 14-5 on 14 November 2010, and passed in the Legislative Assembly (lower house) also by conscience vote by 24-15 on the 10 June 2011 http://sxnews.gaynewsnetwork.com.au/news/parenting-bill-passes-with-large-majority-008973.html http://www.letsgetequal.org.au/ http://blaze.gaynewsnetwork.com.au/news/parenting-bill-passes-with-large-majority-004529.html. The bill got assented (No 22 of 2011)http://www.legislation.sa.gov.au/listYearActs.aspx?key=y2011 and became law on the 23 June 2011 and will commencement 12 months after the assented date or the 23 June 2012http://www.legislation.sa.gov.au/LZ/V/A/2011/FAMILY%20RELATIONSHIPS%20(PARENTAGE)%20AMENDMENT%20ACT%202011_22/2011.22.UN.PDF.
In 2011 the Statutes Amendment (De Facto Relationships) Bill 2011 that will recognise same sex couples in stamp duty
applications passed the Legislative Assembly (lower house) by a unanimous vote on 14 March 2011 and also passed the Legislative Council (upper house) on 12 July 2011 by another unanimous vote. The bill got assented (No 27 of 2011) and became law on 21 July 2011 and became effective on assent, part 4 was made retrospective
on 1 July 2010http://www.legislation.sa.gov.au/LZ/V/A/2011/STATUTES%20AMENDMENT%20(DE%20FACTO%20RELATIONSHIPS)%20ACT%202011_27/2011.27.UN.PDF.
The Family Relationships Act 1975 http://www.legislation.sa.gov.au/LZ/C/A/FAMILY%20RELATIONSHIPS%20ACT%201975/CURRENT/1975.115.UN.PDF made all surrogacy arrangements illegal. The Statutes Amendment (Surrogacy) Act 2009 http://www.legislation.sa.gov.au/LZ/V/A/2009/STATUTES%20AMENDMENT%20(SURROGACY)%20ACT%202009_64.aspx revised the Family Relationships Act by legalising altruistic surrogacy (but not commercial surrogacy) only for heterosexual couples (both married and de facto). It also presumes that the woman who gives birth to a child is the legal mother of the child, regardless of genetics. It was passed by the Parliament of South Australia
on 17 November 2009 http://www.abc.net.au/news/stories/2009/11/20/2748241.htm. An amendment introduced by Labor MP Ian Hunter
which would have allowed anyone in a same sex relationship access to gestational surrogacy was rejected when the law was drafted in 2008.
The Reproductive Technology (Clinical Practices) Act 1988 http://www.legislation.sa.gov.au/LZ/C/A/REPRODUCTIVE%20TECHNOLOGY%20(CLINICAL%20PRACTICES)%20ACT%201988/CURRENT/1988.10.UN.PDF states that artificial fertilisation procedures are exclusively for the benefit of heterosexual couples (both de facto and married) who appear to be infertile. In 1996 the Supreme Court of South Australia found that the restriction of access to treatment on the basis of marital status contravened the Sex Discrimination Act 1984 (Cwth). Infertile lesbian women who are single or in a relationship currently have access to IVF treatment, similar to Western Australia.
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
have access to many spousal rights and can easily prove that a relationship exists through a domestic partnership agreement. South Australia was the first state to legalise sexual conduct between males in 1975, and in 2004 was the first to consider allowing civil unions for gay couples.
However, South Australia is now the only jurisdiction in Australia to ban fertile single women and lesbians from accessing IVF treatment. South Australia requires single women and lesbians to be "medically infertile" in order to receive IVF treatment under a 1996 Supreme Court of South Australia ruling http://www.austlii.edu.au/au/cases/sa/SASC/1993/4337.html. South Australia is also the only state or territory in Australia to ban altruistic surrogacy for singles and same-sex couples under the Statutes Amendment (Surrogacy) Act 2009http://www.legislation.sa.gov.au/LZ/V/A/2009/STATUTES%20AMENDMENT%20(SURROGACY)%20ACT%202009_64/2009.64.UN.PDF.
Activism and decriminalisation
In 1972, the DunstanDon Dunstan
Donald Allan "Don" Dunstan, AC, QC was a South Australian politician. He entered politics as the Member for Norwood in 1953, became state Labor leader in 1967, and was Premier of South Australia between June 1967 and April 1968, and again between June 1970 and February 1979.The son of a business...
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...
government introduced a consenting adults in private type defence in South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
. This defence was later introduced as a bill by Murray Hill, father of former Defence Minister
Defence minister
A defence minister is a person in a cabinet position in charge of a Ministry of Defence, which regulates the armed forces in some sovereign nations...
Robert Hill
Robert Hill (Australian politician)
Robert Murray Hill is Chancellor of the University of Adelaide and a former Australian politician. He also currently heads the Australian Carbon Trust.-Early life and family:...
, In 1975, South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
became the first state or territory to legalise sexual conduct between males.
Discrimination protections
Under South AustraliaSouth Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
's Equal Opportunity Act 1984http://www.legislation.sa.gov.au/LZ/C/A/EQUAL%20OPPORTUNITY%20ACT%201984/CURRENT/1984.95.UN.PDF it is unlawful to discriminate in clubs, pubs, other establishments, property entitlements, trade unions, restaurants, housing, memberships to establishments, goods and services, education and training, etc. (religious exceptions still apply). The Act since 1988 also expressly says that it is not discrimination in refusing to providing ART or IVF services for certain women under section 5 which quotes -
(a) A reference in this Act or in the repealed Sex Discrimination Act 1975 to the provision
of a service does not include, and will be taken never to have included, the carrying
out of either of the following fertilisation procedures:
(a) artificial insemination; or
(b) the procedure of fertilising an ovum outside the body and transferring the
fertilised ovum into the uterus.
Recognition of same-sex relationships
In 2003, South AustraliaSouth Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
passed the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003 (number 13).
South Australia became the first state to consider allowing civil unions for gay couples when MP Mark Brindal proposed the Civil Unions Bill 2004 in October 2004. Brindal said, "Same sex attracted people make invaluable contributions to society, and society can no longer afford the hypocrisy to deny them the right to formalise their relationships."
Following the failure of the 2004 Civil Unions Bill, the Statutes Amendment (Relationships No 2) Bill 2005 was written to amend 82 South Australian laws, so that same-sex and heterosexual couples would be treated identically. This also failed to pass the House.
The Statutes Amendment (Domestic Partners) Act 2006 (Number 43), which took effect 1 June 2007, amended 97 Acts
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
, dispensing with the term "de facto" and categorising couples as "domestic partners". This meant same-sex couples and any two people who live together are now covered by the same laws. Same-sex couples may make a written agreement called a Domestic Partnership Agreement about their living arrangements. This may be prepared at any time and is legal from the time it is made, but must meet other requirements, such as joint commitments, before being recognised as domestic partners. Until the bill’s passage South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
was the only state or territory to not recognise same-sex couples in legislation.
- South Australia Domestic Partners Legislation Official Fact Sheets and Agreement Forms
In 2009 the Commonwealth Powers (De Facto Relationships) Act 2009 http://www.legislation.sa.gov.au/LZ/C/A/COMMONWEALTH%20POWERS%20(DE%20FACTO%20RELATIONSHIPS)%20ACT%202009.aspx to allow the referrals of a de facto partners property and superannuation to the Commonwealth as family law under the Family Law Act 1975 http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/ just as all other states have done previously (Assented 10 December 2009; Commenced 1 July 2010)
In 2010 the Family Relationships (Parentage) Amendment Bill 2010http://www.legislation.sa.gov.au/LZ/B/CURRENT/FAMILY%20RELATIONSHIPS%20(PARENTAGE)%20AMENDMENT%20BILL%202010_HON%20TAMMY%20JENNINGS%20MLC.aspx is a proposed law that will recognise co-mothers in same sex relationships and their children was introduced by Greens member Tammy Jennings
Tammy Jennings
Tammy Anne Franks, formerly Jennings, is an Australian politician who was elected to the South Australian Legislative Council for the SA Greens at the 2010 state election...
just after the recent 2010 South Australian state election to the Legislative Council (upper house) and passed by a conscience vote of 14-5 on 14 November 2010, and passed in the Legislative Assembly (lower house) also by conscience vote by 24-15 on the 10 June 2011 http://sxnews.gaynewsnetwork.com.au/news/parenting-bill-passes-with-large-majority-008973.html http://www.letsgetequal.org.au/ http://blaze.gaynewsnetwork.com.au/news/parenting-bill-passes-with-large-majority-004529.html. The bill got assented (No 22 of 2011)http://www.legislation.sa.gov.au/listYearActs.aspx?key=y2011 and became law on the 23 June 2011 and will commencement 12 months after the assented date or the 23 June 2012http://www.legislation.sa.gov.au/LZ/V/A/2011/FAMILY%20RELATIONSHIPS%20(PARENTAGE)%20AMENDMENT%20ACT%202011_22/2011.22.UN.PDF.
In 2011 the Statutes Amendment (De Facto Relationships) Bill 2011 that will recognise same sex couples in stamp duty
Stamp duty
Stamp duty is a tax that is levied on documents. Historically, this included the majority of legal documents such as cheques, receipts, military commissions, marriage licences and land transactions. A physical stamp had to be attached to or impressed upon the document to denote that stamp duty...
applications passed the Legislative Assembly (lower house) by a unanimous vote on 14 March 2011 and also passed the Legislative Council (upper house) on 12 July 2011 by another unanimous vote. The bill got assented (No 27 of 2011) and became law on 21 July 2011 and became effective on assent, part 4 was made retrospective
Retrospective
Retrospective generally means to take a look back at events that already have taken place. For example, the term is used in medicine, describing a look back at a patient's medical history or lifestyle.-Music:...
on 1 July 2010http://www.legislation.sa.gov.au/LZ/V/A/2011/STATUTES%20AMENDMENT%20(DE%20FACTO%20RELATIONSHIPS)%20ACT%202011_27/2011.27.UN.PDF.
Adoption and family planning
The Adoption Act 1988 http://www.legislation.sa.gov.au/LZ/C/A/ADOPTION%20ACT%201988/CURRENT/1988.90.UN.PDF allows only heterosexual couples (both married and de facto) to adopt children (similar to Queensland, Victoria and Northern Territory). Single individuals are also banned from adoption in South Australia, making it the only place in Australia that does this. Currently only Tasmania, Australian Capital Territory, New South Wales and Western Australia allow same sex couples to adopt children.The Family Relationships Act 1975 http://www.legislation.sa.gov.au/LZ/C/A/FAMILY%20RELATIONSHIPS%20ACT%201975/CURRENT/1975.115.UN.PDF made all surrogacy arrangements illegal. The Statutes Amendment (Surrogacy) Act 2009 http://www.legislation.sa.gov.au/LZ/V/A/2009/STATUTES%20AMENDMENT%20(SURROGACY)%20ACT%202009_64.aspx revised the Family Relationships Act by legalising altruistic surrogacy (but not commercial surrogacy) only for heterosexual couples (both married and de facto). It also presumes that the woman who gives birth to a child is the legal mother of the child, regardless of genetics. It was passed by the Parliament of South Australia
Parliament of South Australia
The Parliament of South Australia is the bicameral legislature of the Australian state of South Australia. It consists of the Legislative Council and the House of Assembly. It follows a Westminster system of parliamentary government....
on 17 November 2009 http://www.abc.net.au/news/stories/2009/11/20/2748241.htm. An amendment introduced by Labor MP Ian Hunter
Ian Hunter (politician)
Ian Keith Hunter is an Australian politician, representing the Australian Labor Party in the South Australian Legislative Council since the 2006 state election...
which would have allowed anyone in a same sex relationship access to gestational surrogacy was rejected when the law was drafted in 2008.
The Reproductive Technology (Clinical Practices) Act 1988 http://www.legislation.sa.gov.au/LZ/C/A/REPRODUCTIVE%20TECHNOLOGY%20(CLINICAL%20PRACTICES)%20ACT%201988/CURRENT/1988.10.UN.PDF states that artificial fertilisation procedures are exclusively for the benefit of heterosexual couples (both de facto and married) who appear to be infertile. In 1996 the Supreme Court of South Australia found that the restriction of access to treatment on the basis of marital status contravened the Sex Discrimination Act 1984 (Cwth). Infertile lesbian women who are single or in a relationship currently have access to IVF treatment, similar to Western Australia.
See also
- LGBT rights in Australia
- LGBT rights in New South WalesLGBT rights in New South Wales-Activism and decriminalization:The Campaign Against Moral Persecution, also known as C.A.M.P., was founded in Sydney in September 1970 and was one of Australia's fist gay rights organisations. C.A.M.P...
- LGBT rights in QueenslandLGBT rights in QueenslandSame-sex sexual activity was decriminalized on 29 November 1990. The bill which decriminalized sodomy was assented on 7 December 1990...
- LGBT rights in VictoriaLGBT rights in Victoria (Australia)While Victoria was at the forefront of the gay rights movement in the 1960s and 1970s, it has never taken the lead in gay rights legislation. Gay sex between men was legalised in 1980. Discrimination on the basis of sexual orientation was outlawed in 2000. Victoria has a Domestic Partnership...
- LGBT rights in New South Wales
- Recognition of same-sex unions in Australia