Same-sex marriage in Australia
Encyclopedia
Same-sex marriage
s are currently not permitted under Australia
n federal law. In 2004 the Marriage Act 1961 was amended in federal parliament to expressly state that marriage is considered a union between a man and a woman only and that any existing same-sex marriage from a foreign country is not to be recognised as a marriage in Australia .
In all states and territories, cohabiting same-sex couples are recognised as de facto couples, and have the same rights as cohabiting heterosexual couples under state law. Furthermore, same-sex couples have access to domestic partnership registries in New South Wales
, Tasmania
and Victoria
. Civil partnerships are performed in the Australian Capital Territory
. On 30 November 2011 the Queensland State Parliament
successfully passed the Civil Partnerships Act 2011 which allows for same sex couples who are Queensland residents to enter into a civil partnership.
In 2004, amendments to the Superannuation Industry Supervision Act to allow tax free payment of superannuation benefits to be made to the surviving partner on an interdependent relationships that included same sex couples, or a relationship where one person was financially dependent on another person. Further initiatives were also tabled by the Howard Liberal government.
The subsequent Labor Government continued some of this progress in November 2008, when the Australian Parliament passed laws that recognised same-sex couples in federal law, offering them the same rights as unmarried heterosexual couples in areas such as taxation, social security and health, aged care and employment. This means that same-sex couples who can prove they are in a de facto relationship have most of the rights of married couples since 1 July 2009. Nevertheless, despite equality of rights, Australia does not have a national registered partnership or civil union scheme.
In August 2009, a same-sex marriage bill was introduced by a member of the Australian Greens
who pleaded with the government to take into mind that the majority of Australians support same-sex marriage and thereby pass such legislation. The bill was reviewed by the Senate Legal and Constitutional Affairs Committee. The largest protests for same-sex marriage in the nation's history took place in eight cities on 1 August, with an estimated 8,000 people attending. The Committee reported not to vote the bill. On 25 February 2010, the Marriage Equality Bill 2009 did not pass in the Australian Senate by a vote of 45-5, with only the Greens voting in favour and many senators not in attendance. However, the Greens have announced their intention to reintroduce a bill to legalise same-sex marriage sometime after 21 August 2010 federal election.
(HREOC) released its Same-Sex: Same Entitlements report. The Commission identified 58 Commonwealth law statutes and provisions that explicitly discriminate against same-gender couples by using the term 'member of the opposite sex'.
The previous federal government, under Prime Minister John Howard
, banned its departments from making submissions to the HREOC inquiry regarding financial discrimination experienced by same-sex couples.
A total of 100 statutes and provisions that discriminate by using the term 'member of the opposite sex' were later identified, from Aged Care, Superannuation, Childcare, Medicare
(including the PBS), Pensions, etc. "All the basics that opposite-gender couples are legally entitled to and take for granted" .
(Labor) was the first lesbian to be made a minister. Both the Labor Government and the Liberal party support rights for same-sex couples (excluding marriage and IVF). Prime Minister Kevin Rudd
(Labor), Tanya Plibersek
(Labor), Penny Wong
(Labor), Belinda Neal
(Labor), Warren Entsch
(Liberal), Malcolm Turnbull
(Liberal) and Brendon Nelson (Liberal) "fully support rights for same-sex couples, but not to the extent of same-sex marriage(s) and IVF" (a quote from Brendon Nelson).
Within the first six months following the election, Attorney-General Robert McClelland
said that his department had gone beyond the HREOC 58, identifying a total of 100 laws that discriminate against same-sex couples. By April 2008, McClelland announced that legislation to remove these inequalities would be introduced when Parliament resumes in May for the winter sittings.
Safety Net, hospital visitation, immigration, inheritance rights, and the ability to file a joint tax return and gain the same tax rebates as married couples.
The reforms were chiefly adopted through two Acts of Parliament introduced by the Rudd Labor Government: the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 which received assent on 4 December 2008 and the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 which received assent on 9 December 2008.
These "omnibus" pieces of legislation amended a wide variety of existing laws to include same-sex couples. They received support not only from the governing Australian Labor Party
, but also from the opposition Liberal Party, the Australian Greens
and independent members.
Australia does not outlaw discrimination based on sexual orientation at the federal level. However, in response to Australia's obligation to implement the principle of non-discrimination in employment and occupation pursuant to the International Labour Organization
Convention No. 111, the Australian Human Rights Commission Act empowers the HRC to investigate complaints of discrimination in employment and occupation on various grounds, including sexual preference, and to resolve such complaints by conciliation. It is important to note that such discrimination is not rendered unlawful under the Act.
relationships.
De facto couples in the Australian Capital Territory
, New South Wales
, Tasmania
and Victoria
have access to a relationship registry, which enables them to easily prove their relationship and provides nearly all of the rights of marriage. In Western Australia
, the Northern Territory
, South Australia
and Queensland
there is no registration system: cohabitating couples must prove that their relationship exists through a number of criteria. Since 2007 in South Australia
cohabitating same-sex couples can register their relationship through a Domestic Partnership Agreement document.
Same-sex de facto couples in all states and territories have the same rights as opposite-sex de facto couples. However, the inability of same-sex couples to have conclusive evidence of their relationships in Western Australia
, the Northern Territory
and Queensland
can make it difficult for them to access rights accorded to them under the law. The following list discusses states and territories without registered partnerships for same-sex couples:
However, section 118 of The Australian Constitution (The Full Faith and Credit Section) would, in fact, mean that persons registered under the laws of States and Territories with Civil Partnership or Civil Union laws would be able to enforce their rights in juristications without specific enactments.
created the De Facto Relationships Act 2005, providing for domestic partnerships beginning in 2006. The legislation defines the criteria for a court to determine the eligibility of couples to be recognised as de facto couples, and requires an application to the Supreme Court. Circumstances of the relationship, which includes duration of the relationship, financial aspects, and shared responsibilities, are taken into account.
enacted the Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 to remove legislative discrimination against same sex couples in most areas of territory law. The Act removed distinctions based on a person's gender, sexuality or de facto relationship in approximately 50 Acts and Regulations. As in NSW and the ACT, reform has also included enabling the lesbian partner of a woman to be recognised as the parent of her partner's child across State law.
Amendments to Queensland's
Property Law Amendment Act recognise same-sex partners in regard to the distribution of property in the event of a separation. Queensland allows couples in same-sex relationships who are victims of relationship violence to take out domestic violence orders against a violent partner, and other protective measures, including counselling services. Queensland's Industrial Relations Act 1999 includes same-sex partners in the definition of spouse. This gives same-sex partners access to state-based parental, family, bereavement and carer's leave provisions.
took effect which provide superannuation entitlements under four superannuation Acts, as well as rights concerning property ownership, inheritance, financial affairs, hospital access and other entitlements under South Australia
n law. The legislation does not include three areas of South Australian laws such as adoption
and access to IVF and altrustic surrogacy
.
This Family Relationships Act 1975 states that "Any two people who live together and present themselves as a couple will be covered by the legislation, regardless of whether or not their relationship is sexual". These Acts included 'domestic partner' in 97 separate Acts called the Statutes Amendment (Domestic Partners) Act 2006 (No 43) and the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003 (No 13)
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.
In 2009 the Commonwealth Powers (De Facto Relationships) Act 2009 to allow the referrals of a de facto partners property and superannuation to the Commonwealth as family law under the Family Law Act 1975 (just as all other states have done previously) got assented on 10.12.2009 - effective from 1.7.2010.
Western Australia
allows same-sex couples equal access to adoption procedures and in vitro fertilisation treatment. It also gives same-sex couples the same rights as opposite sex couples in areas such as transfer of property, medical treatment, and inheritance upon the death of a partner. A same-sex couple who utilise artificial insemination or 'in vitro' fertilisation treatment together (i.e. both parties present as a couple throughout the treatment) are able to have both names on the birth certificate once the child is born.
became the first state to consider allowing civil union
s for same-sex 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."
In 2006, the government of the ACT
, led by Chief Minister Jon Stanhope
, legislated for same-sex civil unions within the ACT. The legislation was overturned by the federal government with Philip Ruddock
saying Stanhope was deliberately baiting them. Ruddock received criticism from the Greens party, but claimed that the ACT's policy was not for civil unions but for marriage
which was defined in the Marriage Amendment Act 2004.
In March 2006, independent Victorian
MP Andrew Olexander
proposed a private member's bill to allow civil partnerships in the state, but the state government would not allow it to be drafted by the parliamentary counsel.
In Australia, civil celebrants
conduct commitment ceremonies so that same-sex couples can participate in a ceremony to acknowledge their love and partnership. The federal government however has introduced a registration system whereby prospective celebrants must undergo Government-approved training and meet specific criteria set by the Attorney-General's Department to be declared a "fit and proper person" to hold the office of marriage celebrant. Under the new rules a registered celebrant is not permitted to conduct legally binding commitment ceremonies for same-sex couples, although they may conduct non-legally binding ceremonies as long as both the couple and those attending are under no illusion that the ceremony is a legal marriage.
stated that the Government would be working on a national relationship register, similar to the one in Tasmania
, which would officially record an existing same-sex relationship. Since then, the policy expressed by federal Attorney-General Robert McClelland
has been to encourage all states and territories to create their own state-based relationship registers, based on Tasmania
's model, while the federal government amends Commonwealth legislation to recognise these registered relationships. Neither Rudd nor the Labor Party endorsed the more controversial step of approving same-sex marriage
or civil unions, however the party's state branches in Tasmania, South Australia and Queensland have endorsed same-sex marriage.
has had the Domestic Relationships Act 1994 becoming the first jurisdiction in Australia to "acknowledge same-gender couples legally". This provided for distribution of property and finances in the event of a separation, and inheritance in the event of death. On 16 August 2003, The ACT enacted laws relating to same-sex adoption.
9 years later 6 extra acts came into force that was passed by the Stanhope
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.
The ACT was the first Australian jurisdiction to pass legislation for civil union
s with its Civil Unions Act 2006 which was enacted on 9 June 2006, but it was disallowed by the Governor-General
on 13 June on the instruction of the Federal Executive Council
. That December, the ACT government proceeded with new legislation recognising same-sex unions based on the United Kingdom civil partnership
laws, but that was blocked as well. In December 2007, a third attempt was made when the newly elected 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. However on 17 February 2008 Attorney General Robert McClelland
said it was unacceptable that the ACT proposal would allow public ceremonies for same-sex couples to celebrate their unions.
In May 2008, after several attempts to amend the Civil Partnerships Bill, ACT Attorney-General Simon Corbell
announced the Territory had again been forced to abandoned its civil partnerships legislation and would instead settle for a system of relationship registers virtually identical to the ones operating in Tasmania
and Victoria
.
The Civil Partnerships Amendment Bill 2009 was presented to the ACT Legislative Assembly by the ACT Greens on 26 August 2009, allowing ceremonies to be conducted with civil partnerships, which was the contentious item removed from the previous year's 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 ACT Labor Party policy to support civil unions. The Federal Labor government has agreed not to overturn the bill. The first ceremony was held on 25 November 2009, despite criticism from the Australian Christian Lobby
. Then again the ACT government made a plan with the Commonwealth government not to veto the civil partnership legislation if the ACT government made more amendments and changes to the legislation and then introduced the Civil Partnerships Amendment Bill 2009 (No 2) to address the Commonwealth Governments concerns.
state-wide relationship registry has been legally provided since 1 July 2010. The City of Sydney
established a Relationships Declaration Program
in 2005 available for all couples offering limited legal recognition and is still active. While making a relationship declaration does not confer legal rights in the way marriage does, it may be used to demonstrate the existence of a de facto relationship within the meaning of the NSW Property (Relationships) Act 1984 and other legislation.
The Law Reform Commission of New South Wales
began an inquiry into Relationships and the Law several years earlier in September 1999. The Commission's report, which was not released until 2006, recommended an optional state-wide registry for same-sex couples, which was rejected by the Government.
On 4 June 2008, the New South Wales Parliament passed the Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 which recognises co-mothers as legal parents of children born through donor insemination, provides birth certificates allowing two mothers to be recognised, creates amendments to 57 pieces of state legislation to ensure de facto couples, including same-sex couples, are treated equally with married couples, and creates amendments to the New South Wales Anti-Discrimination Act to ensure same-sex couples are protected from discrimination on the basis of their "marital or domestic status" in employment, accommodation and access to other goods and services.
In February 2010, New South Wales Attorney General Hatzistergos announced that the state government will introduce legislation for a state-wide relationships register modelled on ones already in place in the ACT, Victoria and Tasmania. Entering into a "registered relationship" provides conclusive proof of the existence of the relationship, thereby gaining all of the rights afforded to de facto couples under state and federal law without having to prove any further factual evidence of the relationship. In this way, a registered relationship is similar to a registered partnership or civil union in other parts of the world.
The Relationships Register Bill 2010 was introduced to the NSW Legislative Assembly on 23 April 2010. The bill was approved by the NSW Legislative Assembly on a 62–9 vote on 11 May 2010, and then by the NSW Legislative Council (upper house) on a 32–5 vote on 12 May. It was signed into law by the governor and entered into force on 1 July 2010.
Relationships Act 2003 allowed same-sex couples to register their union as a type of domestic partnership in two distinct categories, Significant Relationships and Caring Relationships, with the state's Registry of Births, Death and Marriages. The new definition of partner or spouse, "two people in a relationship whether or not it's sexual", was embedded into 80 pieces of legislation, giving same-sex couples rights in making decisions about a partner's health, provides for guardianship when a partner is incapacitated, and gives same-sex couples equal access to a partner's public sector pensions. It also allows one member of a same-sex couple to adopt the biological child of their partner.
In June 2008, Greens' Nick McKim released advice showing that there is no constitutional barrier to Tasmania introducing same-sex marriage laws, and said he intends to submit a bill to allow gay marriage in the state.
In September 2010, the Tasmanian parliament unanimously passed the legislation to recognise same-sex marriages performed in other jurisdictions as registered partnerships under the Relationships Act 2003, making it the first Australian state or territory to do so.
to give same-sex couples, called domestic partners, some rights equal to those enjoyed by de facto couples, including hospital access, medical decision making, superannuation, inheritance rights, property tax, landlord/tenancy rights, mental health treatment, and victims of crime procedures.
In April 2007, the City of Melbourne
established a Relationships Declaration Program (like Sydney's from 2005). The following month, the City of Yarra
launched its Relationship Declaration Program. Under the program two people may declare that they are partners and have this declaration recorded in the Yarra City Council Relationship Declaration Register.
Both local registries have since been superseded by the state's Domestic Partnership Register when it passed the which was launched in December 2008. Both city registers remain active.
, introduced the Civil Partnerships bill 2011 into the Queensland Legislative Assembly. The bill had passed the Legislative Assembly on 30 November by a vote of 47 to 40, with those against including 4 from the Australian Labor Party
. . The Civil Partnerships Act 2011 allows for same-sex couples who are Queensland residents to enter into a civil union. After the bill had successfully passed Labor Premier Anna Bligh
stated that “This bill is fundamentally about the human rights of Queensland’s citizens, but it is much more than that. It is about the joyful business of love and that is why it has touched the hearts of so many Australians, why so many people believe that Australia should be dealing with this issue.” The Liberal National Party of Queensland had unanimously opposed the bill and stated that civil partnerships are not a priority in the minds of Queenslanders.
introduced the Marriage Amendment Bill 2004, intending to incorporate the common law definition of marriage into the Marriage Act 1961 and the Family Law Act. In June 2004, the bill passed the House of Representatives
and the Senate passed the amendment by 38 votes to 6 on 13 August 2004. The bill subsequently received royal assent, becoming the Marriage Amendment Act 2004.
The amendment specifies the following:
Attorney-General Ruddock and other Liberals
argued that the bill was necessary to protect the institution of marriage, by ensuring that the common law definition was put beyond legal challenge.
The Labor
shadow Attorney-General Nicola Roxon
on the same day the amendment was proposed said that the Labor Opposition
would not oppose the amendment, arguing that it did not affect the legal situation of same-sex relationships, merely putting into statute law what was already common law. The Family First
senator supported the bill. The bill was also supported by the Nationals
.
Despite having support of the major parties the bill was contested by sections of the community, human rights groups and some minor political parties. The Australian Greens
opposed the bill, calling it the "Marriage Discrimination Act". The Australian Democrats
also opposed the bill. Democrat Senator Andrew Bartlett
stated that the legislation devalues his marriage, and Greens Senator Bob Brown
referred to John Howard
and the legislation as "hateful". Brown was asked to retract his statements, but refused. Bob Brown also quoted as Australia having a "straight Australia policy".
Not all of Labor was in support of the bill. During the bill's second reading, Anthony Albanese
, Labor MP for Grayndler said, "what has caused offence is why the government has rushed in this legislation in what is possibly the last fortnight of parliamentary sittings. This bill is a result of 30 bigoted backbenchers who want to press buttons out there in the community."
MP Nick McKim introduced the Same-Sex Marriage Bill 2008 into Tasmania's House of Assembly in July 2008. McKim introduced a similar bill to the House in April 2005. Neither bill has progressed to a Second Reading.
Senator Sarah Hanson-Young
introduced the Marriage Equality Amendment Bill 2009 to legislate for marriage rights for same-sex couples. It would amend the Marriage Act 1961 to remove all discriminatory references based on sexuality and gender identity and allow marriage regardless of sex, sexuality and gender. The inquiry reported negatively by 26 November. A "National Year of Action for Equal Marriage Rights" started a few days later, on 28 November by mass demonstrations. On 25 February 2010 the bill was rejected by the Senate. Previously in 2007, former Greens Senator Kerry Nettle
, introduced a similar bill, the Marriage (Relationships Equality) Amendment Bill 2007.
showed that 38% of respondents supported same-sex marriage, with 44% opposed and 18% undecided.
In June 2007, a Galaxy
Poll conducted for advocacy group
GetUp! measured the opinions of 1,100 Australians aged 16 and over.
In June 2009, a Galaxy
Poll commissioned by Australian Marriage Equality
measured the opinions of 1,100 Australians aged 16 and over.
In October 2010, a Galaxy
Poll commissioned by Australian Marriage Equality
measured the opinions of 1,050 Australians aged 18 and over.
In March 2011, an Essential Media Poll suggested that support for same-sex marriage had fallen below 50% and opposition was up by 4%.
In July 2011 a survey of 543 people conducted by Roy Morgan measured the support for a number of positions on marriage.
Senate
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
s are currently not permitted under Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n federal law. In 2004 the Marriage Act 1961 was amended in federal parliament to expressly state that marriage is considered a union between a man and a woman only and that any existing same-sex marriage from a foreign country is not to be recognised as a marriage in Australia .
In all states and territories, cohabiting same-sex couples are recognised as de facto couples, and have the same rights as cohabiting heterosexual couples under state law. Furthermore, same-sex couples have access to domestic partnership registries in New South Wales
LGBT 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...
, Tasmania
Domestic partnership in Tasmania
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...
and Victoria
LGBT 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...
. Civil partnerships are performed in the Australian Capital Territory
Recognition of same-sex unions in the Australian Capital Territory
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...
. On 30 November 2011 the Queensland State Parliament
Parliament of Queensland
The Parliament of Queensland is the legislature of Queensland, Australia. According to the state's constitution, the Parliament consists of the Queen and the Legislative Assembly. It is the only unicameral state parliament in the country, the upper chamber, the Legislative Council, having been...
successfully passed the Civil Partnerships Act 2011 which allows for same sex couples who are Queensland residents to enter into a civil partnership.
In 2004, amendments to the Superannuation Industry Supervision Act to allow tax free payment of superannuation benefits to be made to the surviving partner on an interdependent relationships that included same sex couples, or a relationship where one person was financially dependent on another person. Further initiatives were also tabled by the Howard Liberal government.
The subsequent Labor Government continued some of this progress in November 2008, when the Australian Parliament passed laws that recognised same-sex couples in federal law, offering them the same rights as unmarried heterosexual couples in areas such as taxation, social security and health, aged care and employment. This means that same-sex couples who can prove they are in a de facto relationship have most of the rights of married couples since 1 July 2009. Nevertheless, despite equality of rights, Australia does not have a national registered partnership or civil union scheme.
In August 2009, a same-sex marriage bill was introduced by a member of 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...
who pleaded with the government to take into mind that the majority of Australians support same-sex marriage and thereby pass such legislation. The bill was reviewed by the Senate Legal and Constitutional Affairs Committee. The largest protests for same-sex marriage in the nation's history took place in eight cities on 1 August, with an estimated 8,000 people attending. The Committee reported not to vote the bill. On 25 February 2010, the Marriage Equality Bill 2009 did not pass in the Australian Senate by a vote of 45-5, with only the Greens voting in favour and many senators not in attendance. However, the Greens have announced their intention to reintroduce a bill to legalise same-sex marriage sometime after 21 August 2010 federal election.
De-facto recognition
Prior to 2008, same-sex couples were only recognised by the federal government in very limited circumstances. For example, since the 1990s, same-sex foreign partners of Australian citizens have been able to receive residency permits in Australia known as "interdependency visas".HREOC inquiry
Following a national inquiry into financial and work-related discrimination against same-sex relationships, on 21 June 2007, the Human Rights and Equal Opportunity CommissionHuman Rights and Equal Opportunity Commission
The Australian Human Rights Commission is a national human rights institution, a statutory body funded by, but operating independently of, the Australian Government. It has the responsibility for investigating alleged infringements under Australia’s anti-discrimination legislation...
(HREOC) released its Same-Sex: Same Entitlements report. The Commission identified 58 Commonwealth law statutes and provisions that explicitly discriminate against same-gender couples by using the term 'member of the opposite sex'.
The previous federal government, under Prime Minister John Howard
John 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....
, banned its departments from making submissions to the HREOC inquiry regarding financial discrimination experienced by same-sex couples.
A total of 100 statutes and provisions that discriminate by using the term 'member of the opposite sex' were later identified, from Aged Care, Superannuation, Childcare, Medicare
Medicare (Australia)
Medicare is Australia's publicly funded universal health care system, operated by the government authority Medicare Australia. Medicare is intended to provide affordable treatment by doctors and in public hospitals for all resident citizens and permanent residents except for those on Norfolk Island...
(including the PBS), Pensions, etc. "All the basics that opposite-gender couples are legally entitled to and take for granted" .
2007 Election
The 2007 federal election provided a swing in power that became more conducive to recognising the LGBT community. Penny WongPenny Wong
Penelope "Penny" Ying-yen Wong , is an Australian Labor Party senator for South Australia and the Federal Minister for Finance and Deregulation. Wong was the first Australian Minister for Climate Change and Water. Her appointment was amended on 26 February 2010, by the Prime Minister, to the...
(Labor) was the first lesbian to be made a minister. Both the Labor Government and the Liberal party support rights for same-sex couples (excluding marriage and IVF). 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...
(Labor), Tanya Plibersek
Tanya Plibersek
Tanya Joan Plibersek, MP , is an Australian politician with the Australian Labor Party, and Federal Minister for Social Inclusion and Minister for Human Services. She has been a member of the Australian House of Representatives since October 1998, representing the seat of Sydney, New South Wales...
(Labor), Penny Wong
Penny Wong
Penelope "Penny" Ying-yen Wong , is an Australian Labor Party senator for South Australia and the Federal Minister for Finance and Deregulation. Wong was the first Australian Minister for Climate Change and Water. Her appointment was amended on 26 February 2010, by the Prime Minister, to the...
(Labor), Belinda Neal
Belinda Neal
Belinda Jane Neal , a former Australian federal politician, was a Member of the House of Representatives representing the electorate of Robertson between 2007 and 2010; and representing the state of New South Wales in the Senate from 1994 to 1998, both of behalf of the Australian Labor...
(Labor), Warren Entsch
Warren Entsch
Warren George Entsch is an Australian politician currently serving as a Liberal member of the Australian House of Representatives representing the Division of Leichhardt in Queensland...
(Liberal), Malcolm Turnbull
Malcolm Turnbull
Malcolm Bligh Turnbull is an Australian politician. He has been a member of the Australian House of Representatives since 2004, and was Leader of the Opposition and parliamentary leader of the Liberal Party from 16 September 2008 to 1 December 2009.Turnbull has represented the Division...
(Liberal) and Brendon Nelson (Liberal) "fully support rights for same-sex couples, but not to the extent of same-sex marriage(s) and IVF" (a quote from Brendon Nelson).
Within the first six months following the election, 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...
said that his department had gone beyond the HREOC 58, identifying a total of 100 laws that discriminate against same-sex couples. By April 2008, McClelland announced that legislation to remove these inequalities would be introduced when Parliament resumes in May for the winter sittings.
The 2008 reforms
Since December 2008, cohabitating ("de facto") same-sex couples have access to the same federal rights that cohabitating opposite-sex couples have. In more than 100 areas of law, "de facto partner" is now defined to include both same-sex and opposite-sex couples. The rights extended to same-sex couples include, among others: joint social security and veterans' entitlements, employment entitlements, superannuation, workers' compensation, joint access to the MedicareMedicare (Australia)
Medicare is Australia's publicly funded universal health care system, operated by the government authority Medicare Australia. Medicare is intended to provide affordable treatment by doctors and in public hospitals for all resident citizens and permanent residents except for those on Norfolk Island...
Safety Net, hospital visitation, immigration, inheritance rights, and the ability to file a joint tax return and gain the same tax rebates as married couples.
The reforms were chiefly adopted through two Acts of Parliament introduced by the Rudd Labor Government: the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 which received assent on 4 December 2008 and the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 which received assent on 9 December 2008.
These "omnibus" pieces of legislation amended a wide variety of existing laws to include same-sex couples. They received support not only from the governing Australian Labor Party
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...
, but also from the opposition Liberal Party, 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...
and independent members.
Australia does not outlaw discrimination based on sexual orientation at the federal level. However, in response to Australia's obligation to implement the principle of non-discrimination in employment and occupation pursuant to the International Labour Organization
International Labour Organization
The International Labour Organization is a specialized agency of the United Nations that deals with labour issues pertaining to international labour standards. Its headquarters are in Geneva, Switzerland. Its secretariat — the people who are employed by it throughout the world — is known as the...
Convention No. 111, the Australian Human Rights Commission Act empowers the HRC to investigate complaints of discrimination in employment and occupation on various grounds, including sexual preference, and to resolve such complaints by conciliation. It is important to note that such discrimination is not rendered unlawful under the Act.
State and Territory recognition
At state and territory levels, there is some form of recognition for same-sex couples, mainly through being considered in de factoDe facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
relationships.
De facto couples in 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...
, New South Wales
New South Wales
New 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...
, 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....
have access to a relationship registry, which enables them to easily prove their relationship and provides nearly all of the rights of marriage. In 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...
, the Northern Territory
Northern Territory
The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
, 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...
and Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
there is no registration system: cohabitating couples must prove that their relationship exists through a number of criteria. Since 2007 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...
cohabitating same-sex couples can register their relationship through a Domestic Partnership Agreement document.
Same-sex de facto couples in all states and territories have the same rights as opposite-sex de facto couples. However, the inability of same-sex couples to have conclusive evidence of their relationships in 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...
, the Northern Territory
Northern Territory
The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
and Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
can make it difficult for them to access rights accorded to them under the law. The following list discusses states and territories without registered partnerships for same-sex couples:
However, section 118 of The Australian Constitution (The Full Faith and Credit Section) would, in fact, mean that persons registered under the laws of States and Territories with Civil Partnership or Civil Union laws would be able to enforce their rights in juristications without specific enactments.
Norfolk Island
In 2005 Norfolk IslandNorfolk Island
Norfolk Island is a small island in the Pacific Ocean located between Australia, New Zealand and New Caledonia. The island is part of the Commonwealth of Australia, but it enjoys a large degree of self-governance...
created the De Facto Relationships Act 2005, providing for domestic partnerships beginning in 2006. The legislation defines the criteria for a court to determine the eligibility of couples to be recognised as de facto couples, and requires an application to the Supreme Court. Circumstances of the relationship, which includes duration of the relationship, financial aspects, and shared responsibilities, are taken into account.
Northern Territory
In March 2004, the Northern TerritoryNorthern Territory
The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
enacted the Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 to remove legislative discrimination against same sex couples in most areas of territory law. The Act removed distinctions based on a person's gender, sexuality or de facto relationship in approximately 50 Acts and Regulations. As in NSW and the ACT, reform has also included enabling the lesbian partner of a woman to be recognised as the parent of her partner's child across State law.
Queensland
In December 2002, Queensland's Discrimination Law Amendment Act 2002 created a new, non-discriminatory definition of "de facto partner", affecting 42 pieces of legislation. This gave same-sex couples the same rights as de facto couples in most instances. There was discussion within Queensland government in 2008 to submit a proposal for a state-based relationship registry, which was presented by the Deputy Premier on 24 October 2011 and was passed by a majority of 7 votes on the 30th of November, 2011.Amendments to Queensland's
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
Property Law Amendment Act recognise same-sex partners in regard to the distribution of property in the event of a separation. Queensland allows couples in same-sex relationships who are victims of relationship violence to take out domestic violence orders against a violent partner, and other protective measures, including counselling services. Queensland's Industrial Relations Act 1999 includes same-sex partners in the definition of spouse. This gives same-sex partners access to state-based parental, family, bereavement and carer's leave provisions.
South Australia
Since 1 June 2007, 97 sections of legislationLegislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
took effect which provide superannuation entitlements under four superannuation Acts, as well as rights concerning property ownership, inheritance, financial affairs, hospital access and other entitlements under 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...
n law. The legislation does not include three areas of South Australian laws such as adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
and access to IVF and altrustic surrogacy
Surrogacy
Surrogacy is an arrangement in which a woman carries and delivers a child for another couple or person. This woman may be the child's genetic mother , or she may carry the pregnancy to delivery after having an embryo, to which she has no genetic relationship whatsoever, transferred to her uterus...
.
This Family Relationships Act 1975 states that "Any two people who live together and present themselves as a couple will be covered by the legislation, regardless of whether or not their relationship is sexual". These Acts included 'domestic partner' in 97 separate Acts called the Statutes Amendment (Domestic Partners) Act 2006 (No 43) and the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003 (No 13)
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.
In 2009 the Commonwealth Powers (De Facto Relationships) Act 2009 to allow the referrals of a de facto partners property and superannuation to the Commonwealth as family law under the Family Law Act 1975 (just as all other states have done previously) got assented on 10.12.2009 - effective from 1.7.2010.
Western Australia
The Acts Amendment (Lesbian and Gay Law Reform) Act 2002 removed all remaining legislative discrimination toward sexual orientation by adding the new definition of "de facto partner" into 62 Acts, provisions and statutes.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...
allows same-sex couples equal access to adoption procedures and in vitro fertilisation treatment. It also gives same-sex couples the same rights as opposite sex couples in areas such as transfer of property, medical treatment, and inheritance upon the death of a partner. A same-sex couple who utilise artificial insemination or 'in vitro' fertilisation treatment together (i.e. both parties present as a couple throughout the treatment) are able to have both names on the birth certificate once the child is born.
Civil unions and registries
Civil union proposals
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...
became the first state to consider allowing 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 for same-sex couples when MP Mark Brindal
Mark Brindal
Mark Brindal is an Australian politician. He was a Liberal Party of Australia member of the South Australian House of Assembly, Adelaide, South Australia, between 1989 and 2006, representing the electorates of Heywood and then Unley.-Early life:Brindal was born in South Australia and was educated...
proposed the Civil Unions Bill 2004 in October 2004. Brindal said, "Same sex attracted people make invaluable contributions to society
Society
A society, or a human society, is a group of people related to each other through persistent relations, or a large social grouping sharing the same geographical or virtual territory, subject to the same political authority and dominant cultural expectations...
, and society can no longer afford the hypocrisy to deny them the right to formalise their relationships."
In 2006, the government of the ACT
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...
, led by Chief Minister Jon Stanhope
Jon 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...
, legislated for same-sex civil unions within the ACT. The legislation was overturned by the federal government with 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...
saying Stanhope was deliberately baiting them. Ruddock received criticism from the Greens party, but claimed that the ACT's policy was not for civil unions but for 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...
which was defined in the Marriage Amendment Act 2004.
In March 2006, independent Victorian
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....
MP Andrew Olexander
Andrew Olexander
Andrew Phillip Olexander is an Australian politician. He was an independent member of the Victorian Legislative Council representing Silvan Province from November 2005 to November 2006, after being expelled from the parliamentary Liberal Party, which he had represented since 1999.His career has...
proposed a private member's bill to allow civil partnerships in the state, but the state government would not allow it to be drafted by the parliamentary counsel.
In Australia, civil celebrants
Celebrant (Australia)
In Australia, celebrants are people who conduct formal ceremonies in the community, particularly weddings, which are the main ceremony of legal import conducted by celebrants. They may also conduct extra-legal ceremonies such as naming of babies, renewal of wedding vows and funerals...
conduct commitment ceremonies so that same-sex couples can participate in a ceremony to acknowledge their love and partnership. The federal government however has introduced a registration system whereby prospective celebrants must undergo Government-approved training and meet specific criteria set by the Attorney-General's Department to be declared a "fit and proper person" to hold the office of marriage celebrant. Under the new rules a registered celebrant is not permitted to conduct legally binding commitment ceremonies for same-sex couples, although they may conduct non-legally binding ceremonies as long as both the couple and those attending are under no illusion that the ceremony is a legal marriage.
National relationships register
In December 2007, 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...
stated that the Government would be working on a national relationship register, similar to the one 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...
, which would officially record an existing same-sex relationship. Since then, the policy expressed by federal 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...
has been to encourage all states and territories to create their own state-based relationship registers, based on 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, while the federal government amends Commonwealth legislation to recognise these registered relationships. Neither Rudd nor the Labor Party endorsed the more controversial step of approving same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
or civil unions, however the party's state branches in Tasmania, South Australia and Queensland have endorsed same-sex marriage.
Australian Capital Territory
Since 1994 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...
has had the Domestic Relationships Act 1994 becoming the first jurisdiction in Australia to "acknowledge same-gender couples legally". This provided for distribution of property and finances in the event of a separation, and inheritance in the event of death. On 16 August 2003, The ACT enacted laws relating to same-sex adoption.
9 years later 6 extra acts came into force that was passed by the Stanhope
Jon 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.
The ACT was the first Australian jurisdiction to pass legislation for 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 with its Civil Unions Act 2006 which was enacted on 9 June 2006, but it was disallowed by the Governor-General
Governor-General
A Governor-General, is a vice-regal person of a monarch in an independent realm or a major colonial circonscription. Depending on the political arrangement of the territory, a Governor General can be a governor of high rank, or a principal governor ranking above "ordinary" governors.- Current uses...
on 13 June on the instruction of 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...
. That December, the ACT government proceeded with new legislation recognising same-sex unions based on the United Kingdom civil partnership
Civil 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, but that was blocked as well. In December 2007, a third attempt was made when the newly elected 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. However on 17 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...
said it was unacceptable that the ACT proposal would allow public ceremonies for same-sex couples to celebrate their unions.
In May 2008, after several attempts to amend the Civil Partnerships Bill, ACT Attorney-General Simon Corbell
Simon Corbell
Simon Corbell is an Australian politician in the Australian Capital Territory, and is one of the seven members of the Legislative Assembly electorate of Molonglo, representing the Australian Labor Party...
announced the Territory had again been forced to abandoned its civil partnerships legislation and would instead settle 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 Civil Partnerships Amendment Bill 2009 was presented to the ACT Legislative Assembly by the ACT Greens on 26 August 2009, allowing ceremonies to be conducted with civil partnerships, which was the contentious item removed from the previous year's 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 ACT Labor Party policy to support civil unions. The Federal Labor government has agreed not to overturn the bill. The first ceremony was held on 25 November 2009, despite criticism from the Australian Christian Lobby
Australian Christian Lobby
The Australian Christian Lobby is a Christian political lobby group having a head office in Canberra and branches in six Australian states and territories. Its motto is "Voice for values". Its managing director is Jim Wallace AM....
. Then again the ACT government made a plan with the Commonwealth government not to veto the civil partnership legislation if the ACT government made more amendments and changes to the legislation and then introduced the Civil Partnerships Amendment Bill 2009 (No 2) to address the Commonwealth Governments concerns.
New South Wales
The State of New South WalesNew South Wales
New 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...
state-wide relationship registry has been legally provided since 1 July 2010. The City of Sydney
City of Sydney
The City of Sydney is the Local Government Area covering the Sydney central business district and surrounding inner city suburbs of the greater metropolitan area of Sydney, Australia...
established a Relationships Declaration Program
City of Sydney Relationships Declaration
In July 2004, the City of Sydney Council, led by Lord Mayor Clover Moore, introduced a re-working of the former South Sydney Council's Partnership Registration scheme, renaming it the City of Sydney Relationship Declaration Program...
in 2005 available for all couples offering limited legal recognition and is still active. While making a relationship declaration does not confer legal rights in the way marriage does, it may be used to demonstrate the existence of a de facto relationship within the meaning of the NSW Property (Relationships) Act 1984 and other legislation.
The Law Reform Commission of New South Wales
Law Reform Commission of New South Wales
The New South Wales Law Reform Commission is a commission to investigate, review and advise on the reform of the law in New South Wales, a state of Australia. The present commission came into existence on 25 September 1967 although it had been administratively established previously in 1966...
began an inquiry into Relationships and the Law several years earlier in September 1999. The Commission's report, which was not released until 2006, recommended an optional state-wide registry for same-sex couples, which was rejected by the Government.
On 4 June 2008, the New South Wales Parliament passed the Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 which recognises co-mothers as legal parents of children born through donor insemination, provides birth certificates allowing two mothers to be recognised, creates amendments to 57 pieces of state legislation to ensure de facto couples, including same-sex couples, are treated equally with married couples, and creates amendments to the New South Wales Anti-Discrimination Act to ensure same-sex couples are protected from discrimination on the basis of their "marital or domestic status" in employment, accommodation and access to other goods and services.
In February 2010, New South Wales Attorney General Hatzistergos announced that the state government will introduce legislation for a state-wide relationships register modelled on ones already in place in the ACT, Victoria and Tasmania. Entering into a "registered relationship" provides conclusive proof of the existence of the relationship, thereby gaining all of the rights afforded to de facto couples under state and federal law without having to prove any further factual evidence of the relationship. In this way, a registered relationship is similar to a registered partnership or civil union in other parts of the world.
The Relationships Register Bill 2010 was introduced to the NSW Legislative Assembly on 23 April 2010. The bill was approved by the NSW Legislative Assembly on a 62–9 vote on 11 May 2010, and then by the NSW Legislative Council (upper house) on a 32–5 vote on 12 May. It was signed into law by the governor and entered into force on 1 July 2010.
Tasmania
Beginning 1 January 2004, Tasmania'sTasmania
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...
Relationships Act 2003 allowed same-sex couples to register their union as a type of domestic partnership in two distinct categories, Significant Relationships and Caring Relationships, with the state's Registry of Births, Death and Marriages. The new definition of partner or spouse, "two people in a relationship whether or not it's sexual", was embedded into 80 pieces of legislation, giving same-sex couples rights in making decisions about a partner's health, provides for guardianship when a partner is incapacitated, and gives same-sex couples equal access to a partner's public sector pensions. It also allows one member of a same-sex couple to adopt the biological child of their partner.
In June 2008, Greens' Nick McKim released advice showing that there is no constitutional barrier to Tasmania introducing same-sex marriage laws, and said he intends to submit a bill to allow gay marriage in the state.
In September 2010, the Tasmanian parliament unanimously passed the legislation to recognise same-sex marriages performed in other jurisdictions as registered partnerships under the Relationships Act 2003, making it the first Australian state or territory to do so.
Victoria
In August 2001, the Statute Law Amendment (Relationships) Act 2001 and the Statute Law Further Amendment (Relationships) Act 2001 amended 60 Acts in VictoriaVictoria (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....
to give same-sex couples, called domestic partners, some rights equal to those enjoyed by de facto couples, including hospital access, medical decision making, superannuation, inheritance rights, property tax, landlord/tenancy rights, mental health treatment, and victims of crime procedures.
In April 2007, the City of Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
established a Relationships Declaration Program (like Sydney's from 2005). The following month, the City of Yarra
City of Yarra
The City of Yarra is a Local Government Area in Victoria, Australia, located in the inner eastern and northern suburbs of Melbourne. It has an area of 19.5 square kilometres, and at the 2006 census it had a population of 69,330...
launched its Relationship Declaration Program. Under the program two people may declare that they are partners and have this declaration recorded in the Yarra City Council Relationship Declaration Register.
Both local registries have since been superseded by the state's Domestic Partnership Register when it passed the which was launched in December 2008. Both city registers remain active.
Queensland
On 25 October 2011, Queensland Deputy Premier, Andrew FraserAndrew Fraser (Queensland politician)
Andrew Peter Fraser is an Australian politician in the Queensland State Parliament. He was first elected into the Queensland Legislative Assembly on the 7 February 2004...
, introduced the Civil Partnerships bill 2011 into the Queensland Legislative Assembly. The bill had passed the Legislative Assembly on 30 November by a vote of 47 to 40, with those against including 4 from the Australian Labor Party
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...
. . The Civil Partnerships Act 2011 allows for same-sex couples who are Queensland residents to enter into a civil union. After the bill had successfully passed Labor Premier Anna Bligh
Anna Bligh
Anna Maria Bligh is an Australian politician and the Premier of Queensland since 2007. The 2009 Queensland state election was the first time a female-led political party won or retained state or federal government in Australia...
stated that “This bill is fundamentally about the human rights of Queensland’s citizens, but it is much more than that. It is about the joyful business of love and that is why it has touched the hearts of so many Australians, why so many people believe that Australia should be dealing with this issue.” The Liberal National Party of Queensland had unanimously opposed the bill and stated that civil partnerships are not a priority in the minds of Queenslanders.
The Marriage Amendment Bill 2004
On 27 May 2004 the then federal Attorney-General Philip RuddockPhilip 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...
introduced the Marriage Amendment Bill 2004, intending to incorporate the common law definition of marriage into the Marriage Act 1961 and the Family Law Act. In June 2004, the bill passed the House of Representatives
Australian House of Representatives
The House of Representatives is one of the two houses of the Parliament of Australia; it is the lower house; the upper house is the Senate. Members of Parliament serve for terms of approximately three years....
and the Senate passed the amendment by 38 votes to 6 on 13 August 2004. The bill subsequently received royal assent, becoming the Marriage Amendment Act 2004.
The amendment specifies the following:
Marriage means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.
Certain unions are not marriages. A union solemnised in a foreign country between: (a) a man and another man; or (b) a woman and another woman; must not be recognised as a marriage in Australia.
Attorney-General Ruddock and other Liberals
Liberal Party of Australia
The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...
argued that the bill was necessary to protect the institution of marriage, by ensuring that the common law definition was put beyond legal challenge.
The 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...
shadow Attorney-General Nicola Roxon
Nicola Roxon
Nicola Louise Roxon is an Australian politician, and is the Minister for Health and Ageing. She has been a Labor member of the Australian House of Representatives since 1998, representing the Division of Gellibrand, in the inner-western suburbs of Melbourne, Victoria.-Early and personal life:She...
on the same day the amendment was proposed said that the Labor Opposition
Opposition (Australia)
Her Majesty's Loyal Opposition in Australia fulfils the same function as the official opposition in other Commonwealth of Nations monarchies. It is seen as the alternative government and the existing administration's main opponent at a general election...
would not oppose the amendment, arguing that it did not affect the legal situation of same-sex relationships, merely putting into statute law what was already common law. The Family First
Family First Party
The Family First Party is a socially conservative minor political party in Australia. It has two members in the South Australian Legislative Council...
senator supported the bill. The bill was also supported by the Nationals
National Party of Australia
The National Party of Australia is an Australian political party.Traditionally representing graziers, farmers and rural voters generally, it began as the The Country Party, but adopted the name The National Country Party in 1975, changed to The National Party of Australia in 1982. The party is...
.
Despite having support of the major parties the bill was contested by sections of the community, human rights groups and some minor political parties. 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...
opposed the bill, calling it the "Marriage Discrimination Act". The Australian Democrats
Australian Democrats
The Australian Democrats is an Australian political party espousing a socially liberal ideology. It was formed in 1977, by a merger of the Australia Party and the New LM, after principals of those minor parties secured the commitment of former Liberal minister Don Chipp, as a high profile leader...
also opposed the bill. Democrat Senator Andrew Bartlett
Andrew Bartlett
Andrew John Julian Bartlett is an Australian politician. He was formerly an Australian Democrats member of the Australian Senate from 1997 to 2008, representing the state of Queensland. He was the leader of the Democrats from 2002 to 2004, and deputy leader from 2004 to 2008.-Early life and...
stated that the legislation devalues his marriage, and Greens 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...
referred to John Howard
John 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....
and the legislation as "hateful". Brown was asked to retract his statements, but refused. Bob Brown also quoted as Australia having a "straight Australia policy".
Not all of Labor was in support of the bill. During the bill's second reading, Anthony Albanese
Anthony Albanese
Anthony Norman Albanese , Australian politician, who serves as Leader of the House of Representatives and Minister for Infrastructure and Transport in the Gillard Ministry...
, Labor MP for Grayndler said, "what has caused offence is why the government has rushed in this legislation in what is possibly the last fortnight of parliamentary sittings. This bill is a result of 30 bigoted backbenchers who want to press buttons out there in the community."
Same-Sex Marriages Bill 2006
In June 2006, Senator Stott Despoja introduced into Federal Parliament the Same-Sex Marriages Bill 2006, a private member's bill. The bill aimed to reverse the changes that were made in the Marriage Amendment Act 2004. It would have provided equal status, recognition, treatment and eliminated all legislative discrimination between same-sex and heterosexual couples. The bill has stalled indefinitely, but remains on the Parliament's current bills list.Same-Sex Marriage Bill 2008 (Tasmania)
GreensAustralian 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...
MP Nick McKim introduced the Same-Sex Marriage Bill 2008 into Tasmania's House of Assembly in July 2008. McKim introduced a similar bill to the House in April 2005. Neither bill has progressed to a Second Reading.
Marriage Equality Amendment Bill 2009
In June 2009 GreensAustralian 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 Sarah Hanson-Young
Sarah Hanson-Young
Sarah Coral Hanson-Young is an Australian politician. She has been a Greens member of the Australian Senate since July 2008, representing the state of South Australia. she is the youngest person ever elected to the Australian Senate....
introduced the Marriage Equality Amendment Bill 2009 to legislate for marriage rights for same-sex couples. It would amend the Marriage Act 1961 to remove all discriminatory references based on sexuality and gender identity and allow marriage regardless of sex, sexuality and gender. The inquiry reported negatively by 26 November. A "National Year of Action for Equal Marriage Rights" started a few days later, on 28 November by mass demonstrations. On 25 February 2010 the bill was rejected by the Senate. Previously in 2007, former Greens Senator Kerry Nettle
Kerry Nettle
Kerry Michelle Nettle is a former Australian Senator and member of the Australian Greens in New South Wales. Elected at the 2001 federal election on a primary vote of 4.36 percent with One Nation and micro-party preferences, she failed to gain re-election at the 2007 federal election, despite an...
, introduced a similar bill, the Marriage (Relationships Equality) Amendment Bill 2007.
Public opinion polls
In June 2004, a survey conducted by NewspollNewspoll
Newspoll Market Research is an Australian company providing opinion polling and other market research services. Its chief executive is Martin O'Shannessy.Newspoll's surveys of voter opinion are published in The Australian....
showed that 38% of respondents supported same-sex marriage, with 44% opposed and 18% undecided.
In June 2007, a Galaxy
Galaxy Research
Galaxy Research is an Australian market researching company which has expanded into providing opinion polling for State and Federal politics. It is principally managed by David Briggs...
Poll conducted for advocacy group
Advocacy group
Advocacy groups use various forms of advocacy to influence public opinion and/or policy; they have played and continue to play an important part in the development of political and social systems...
GetUp! measured the opinions of 1,100 Australians aged 16 and over.
- 57% of respondents supported same-sex marriage with 37% opposed and 6% undecided.
- 71% of respondents supported same-sex couples having the same legal entitlements as opposite-sex de facto couples.
In June 2009, a Galaxy
Galaxy Research
Galaxy Research is an Australian market researching company which has expanded into providing opinion polling for State and Federal politics. It is principally managed by David Briggs...
Poll commissioned by Australian Marriage Equality
Australian Marriage Equality
Australian Marriage Equality is a group of Australians from various states and territories who have come together to campaign for law reform and attitudinal change necessary to allow same sex couples to marry...
measured the opinions of 1,100 Australians aged 16 and over.
- 60% of respondents supported the recognition of same-sex marriage, with 36% opposed and 4% undecided. Support was highest amongst those respondents who were intending to vote for the Australian GreensAustralian GreensThe 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...
(82%) and who were aged 16-24 (74%). The majority of respondents from each state and each age bracket (except for the 50 and above category with 45% of respondents) were in support.
- 58% of respondents supported the recognition of foreign same-sex marriages in Australia, with 36% opposed and 5% undecided. Support was highest amongst those respondents who were intending to vote for the Australian GreensAustralian GreensThe 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...
(74%) and who were aged 16-24 (73%). The majority of respondents from each state and each age bracket (except for the 50 and over category with 43% of respondents) were in support.
In October 2010, a Galaxy
Galaxy Research
Galaxy Research is an Australian market researching company which has expanded into providing opinion polling for State and Federal politics. It is principally managed by David Briggs...
Poll commissioned by Australian Marriage Equality
Australian Marriage Equality
Australian Marriage Equality is a group of Australians from various states and territories who have come together to campaign for law reform and attitudinal change necessary to allow same sex couples to marry...
measured the opinions of 1,050 Australians aged 18 and over.
- 62% of respondents supported the recognition of same-sex marriage, with 33% opposed and 5% undecided. Support was highest amongst respondents who were intending to vote for the Australian GreensAustralian GreensThe 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...
(81%), and who were aged 18-24 (80%). The majority of respondents from each state and each age bracket (except for the 50 and over category with 46% of respondents) were in support.
- 78% of respondents supported a conscience voteConscience voteA conscience vote or free vote is a type of vote in a legislative body where legislators are allowed to vote according to their own personal conscience rather than according to an official line set down by their political party....
on the recognition of same-sex marriage, with 16% opposed and 6% undecided. Support was highest amongst those respondents aged 18-24 (84%), and who lived in South Australia (83%). The majority of respondents from each state and each age bracket were in support.
In March 2011, an Essential Media Poll suggested that support for same-sex marriage had fallen below 50% and opposition was up by 4%.
In July 2011 a survey of 543 people conducted by Roy Morgan measured the support for a number of positions on marriage.
- 68% of Australians support same-sex marriage
- 78% classify marriage as a ‘necessary’ institution, with only 22% opposing
Federal parliamentarians who publicly support gay marriage
House of Representatives| Member | Party | Electorate | State/Territory |
|---|---|---|---|
| Anthony Albanese Anthony Albanese Anthony Norman Albanese , Australian politician, who serves as Leader of the House of Representatives and Minister for Infrastructure and Transport in the Gillard Ministry... |
Labor | Grayndler Division of Grayndler The Division of Grayndler is an Australian Electoral Division in inner Metropolitan Sydney, New South Wales. It is one of Australia's smallest electorates, located in the inner-southern Sydney metropolitan area, including parts of the inner-west... |
NSW |
| Mark Butler Mark Butler Mark Christopher Butler has been the Australian Labor Party representative for the electoral division of Port Adelaide in north-western Adelaide, South Australia since the 2007 federal election, succeeding prior Labor MP Rod Sawford.... |
Labor | Port Adelaide Division of Port Adelaide The Division of Port Adelaide is an Australian Electoral Division in the state of South Australia. It is located in the northern suburbs of Adelaide, covering the area around the Barker Inlet, part of the Gulf St Vincent. It stretches from St Kilda in the north down to Grange Road, and is roughly... |
SA |
| Gai Brodtmann Gai Brodtmann Gai Marie Brodtmann an Australian politician, is a member of the Australian House of Representatives for the seat of Canberra representing the Australian Labor Party... |
Labor | Canberra Division of Canberra The Division of Canberra is an Australian Electoral Division in the Australian Capital Territory. The division was created in 1974 from the southern half of the old Division of Australian Capital Territory... |
ACT |
| Michael Danby Michael Danby Michael David Danby is an Australian politician and has been an Australian Labor Party member of the Australian House of Representatives since October 1998, representing the Division of Melbourne Ports, Victoria... |
Labor | Melbourne Ports Division of Melbourne Ports The Division of Melbourne Ports is an Australian federal electoral division in the inner south-eastern suburbs of Melbourne, Victoria, Australia.... |
VIC |
| Laurie Ferguson Laurie Ferguson Laurie Donald Thomas Ferguson , Australian politician, has been an Australian Labor Party member of the Australian House of Representatives since March 1990, representing Reid until 2010 and Werriwa thereafter, both in New South Wales. He was born in Sydney, New South Wales, and grew up in the... |
Labor | Werriwa Division of Werriwa The Division of Werriwa is a Federal Electoral Division for the Australian House of Representatives.The name Werriwa derives from a local Aboriginal name for Lake George, which was located in the division when it was established in 1900. The division was one of the original 75 divisions first... |
NSW |
| Peter Garrett Peter Garrett Peter Robert Garrett, AM, MP , is an Australian musician, environmentalist, activist and politician.Garrett was lead singer of the Australian rock band Midnight Oil from 1973 until its disbanding in 2002... |
Labor | Kingsford Smith Division of Kingsford Smith The Division of Kingsford Smith is an Australian Electoral Division in the state of New South Wales. It is located in the south-eastern suburbs of Sydney, on the north shore of Botany Bay, and the coast of the Tasman Sea... |
NSW |
| Steve Gibbons Steve Gibbons Stephen William Gibbons , Australian politician, has been an Australian Labor Party member of the Australian House of Representatives since October 1998, representing the Division of Bendigo, Victoria... |
Labor | Bendigo Division of Bendigo The Division of Bendigo is an Australian Electoral Division in Victoria. The division was created in 1900 and was one of the original 75 divisions contested at the first federal election. It is named for the city of Bendigo... |
VIC |
| Sharon Grierson Sharon Grierson Sharon Joy Grierson , Australian politician, has been an Australian Labor Party member of the Australian House of Representatives since November 2001, representing the Division of Newcastle. She was born in Newcastle, New South Wales, and was educated at Newcastle Teachers College... |
Labor | Newcastle Division of Newcastle The Division of Newcastle is an Australian Electoral Division in the state of New South Wales. The Division is centred around the city of Newcastle, after which it is named.... |
NSW |
| Jill Hall Jill Hall Jill Griffiths Hall , an Australian politician, is a Member of the Australian House of Representatives, since the 1998, representing the seat of Shortland, New South Wales for the Australian Labor Party.... |
Labor | Shortland Division of Shortland The Division of Shortland is an Australian Electoral Division in the state of New South Wales. The Division closely follows the Pacific coast, on average extending only five or ten kilometres inland. Much of the western boundary is formed by Lake Macquarie... |
NSW |
| Stephen Jones Stephen Jones Stephen Jones may refer to:In the arts:*Stephen Jones , English magazine editor*Stephen Jones , Australian music and video artist*Stephen Jones , British editor and author... |
Labor | Throsby Division of Throsby The Division of Throsby is an Australian Electoral Division in New South Wales. It covers eastern Wingecarribee Shire, extending from Exeter, Lake Yarrunga and Upper Kangaroo Valley in the south to Aylmerton, Alpine, the Avon Dam, Lake Avon, Dombarton, and Kembla Grange in the north to the Pacific... |
NSW |
| Andrew Leigh Andrew Leigh Andrew Keith Leigh is an Australian politician and former professor of economics at the Australian National University. He has been a Labor member of the Australian House of Representatives since 2010, representing the Canberra seat of Fraser. In 2011, Andrew was awarded the Economic Society of... |
Labor | Fraser Division of Fraser The Division of Fraser is an Australian Electoral Division in the Australian Capital Territory. It also covers the Jervis Bay Territory.The division was created in 1974 and is named for James Fraser, who was member for Australian Capital Territory 1951-70... |
ACT |
| Kirsten Livermore Kirsten Livermore Kirsten Fiona Livermore , Australian politician, has been an Australian Labor Party member of the Australian House of Representatives since October 1998, representing the Division of Capricornia, Queensland.... |
Labor | Capricornia Division of Capricornia The Division of Capricornia is an Australian Electoral Division in Queensland. The division was one of the original 75 divisions contested at the first federal election. It is named for the Tropic of Capricorn, which runs through the Division. It is located on the central Queensland coast and its... |
QLD |
| Julie Owens Julie Owens Julie Ann Owens , Australian politician, has been an Australian Labor Party member of the Australian House of Representatives since October 2004, representing the division of Parramatta, New South Wales... |
Labor | Parramatta Division of Parramatta The Division of Parramatta is an Australian Electoral Division in New South Wales. The division was created in 1900 and was one of the original 75 divisions contested at the first federal election. It is named for the locality of Parramatta. The name Parramatta has been sourced to an Aboriginal... |
NSW |
| Melissa Parke Melissa Parke Melissa Parke is an Australian Labor parliamentarian representing the Division of Fremantle, Western Australia, in the Australian House of Representatives. She was elected to office in November 2007 and re-elected in August 2010... |
Labor | Fremantle Division of Fremantle The Division of Fremantle is an Australian Electoral Division in Western Australia.The division was created at Federation in 1900 and was one of the original 75 divisions contested at the first federal election... |
WA |
| Graham Perrett Graham Perrett Graham Douglas Perrett is an Australian Labor politician, and a member of the Australian House of Representatives in the seat of Moreton... |
Labor | Moreton Division of Moreton The Division of Moreton is an Australian Electoral Division in Queensland. The division was one of the original 75 divisions contested at the first federal election. It is named after Moreton Bay. The electorate is a bellwether in elections, having voted for the party winning government at every... |
QLD |
| Tanya Plibersek Tanya Plibersek Tanya Joan Plibersek, MP , is an Australian politician with the Australian Labor Party, and Federal Minister for Social Inclusion and Minister for Human Services. She has been a member of the Australian House of Representatives since October 1998, representing the seat of Sydney, New South Wales... |
Labor | Sydney Division of Sydney The Division of Sydney is an Australian Electoral Division in the state of New South Wales. It is located around the central city area of Sydney, and includes many inner suburbs such as Darlinghurst, Surry Hills, Ultimo, Redfern, Camperdown, Glebe, Annandale, Balmain, Potts Point and the Sydney... |
NSW |
| Bernie Ripoll Bernie Ripoll Bernard Fernand Ripoll is an Australianpolitician. He has been a Labor member of theAustralian House of Representatives since October 1998, representing the Division of Oxley, Queensland... |
Labor | Oxley Division of Oxley The Division of Oxley is an Australian Electoral Division in Queensland. The current division is the second to bear the name, and was created in 1949. The division is named after the Australian explorer, John Oxley... |
QLD |
| Janelle Saffin Janelle Saffin Janelle Anne Saffin is an Australian politician. She has been an Australian Labor Party member of the Australian House of Representatives since November 2007, representing the electorate of Page. She previously served as a Labor member of the New South Wales Legislative Council from 1995 to... |
Labor | Page Division of Page The Division of Page is an Australian Electoral Division in the state of New South Wales. It is located in the far north-east of the state, adjoining the border with Queensland and the coast of the Pacific Ocean... |
NSW |
| Bill Shorten Bill Shorten William Richard "Bill" Shorten is an Australian politician, the Member for Maribyrnong in the Australian Parliament, Assistant Treasurer and Minister for Superannuation and Financial Services. He was the Parliamentary Secretary for Disability and Children's Services in the Rudd/Gillard Government... |
Labor | Maribyrnong Division of Maribyrnong The Division of Maribyrnong is an Australian Electoral Division in the state of Victoria. It is located in the north-western suburbs of Melbourne. It covers the suburbs of Moonee Ponds, Essendon, Niddrie, Keilor East, Avondale Heights, Tullamarine, Airport West, Sunshine and Brooklyn. Due to... |
VIC |
| Stephen Smith Stephen Smith (Australian politician) Stephen Francis Smith , is the Australian Minister for Defence. He has been an Australian Labor Party member of the Australian House of Representatives since March 1993, representing the Division of Perth, Western Australia.... |
Labor | Perth Division of Perth The Division of Perth is an Australian Electoral Division in the state of Western Australia. It is named after Perth, the capital city of Western Australia, where the Division is located... |
WA |
| Sid Sidebottom | Labor | Braddon Division of Braddon The Division of Braddon is an Australian Electoral Division in Tasmania.The division was created in 1955 to replace the abolished Division of Darwin, and is named for Sir Edward Braddon, a Premier of Tasmania and one of Tasmania's five original federal MPs... |
TAS |
| Warren Entsch Warren Entsch Warren George Entsch is an Australian politician currently serving as a Liberal member of the Australian House of Representatives representing the Division of Leichhardt in Queensland... |
Liberal | Leichhardt Division of Leichhardt The Division of Leichhardt is an Australian Electoral Division in Queensland. The division was first proclaimed in 1949. It is one of Australia's largest electorates, covering an area stretching from Cairns to Cape York and the Torres Strait, including the Torres Strait Islands.-About the... |
QLD |
| Teresa Gambaro | Liberal | Brisbane Division of Brisbane The Division of Brisbane is an Australian Electoral Division in Queensland. The division was one of the original 75 divisions contested at the first federal election... |
QLD |
| Judi Moylan Judi Moylan Judith Eleanor "Judi" Moylan , an Australian politician, has been a Liberal member of the Australian House of Representatives since March 1993, representing the Division of Pearce, Western Australia.... |
Liberal | Pearce Division of Pearce The Division of Pearce is an Australian Electoral Division in the state of Western Australia. It is located to the east and north of Perth, taking in the rural areas adjoining the Perth metropolitan area to the south-east, east and north-east, then sweeping around to the Indian Ocean where it... |
WA |
| Mal Washer Mal Washer Dr Malcolm James Washer , Australian politician, has beena Liberal member of the Australian House of Representatives since October 1998, representing the Division of Moore, Western Australia. He was born in Bunbury, Western Australia, and was educated at the University of Western Australia,... |
Liberal | Moore Division of Moore The Division of Moore is an Australian electoral division in the state of Western Australia. Eligible voters within the Division elect a single representative, known as the member for Moore, to the Australian House of Representatives... |
WA |
| Adam Bandt Adam Bandt Adam Paul Bandt is an Australian politician and former industrial lawyer. Bandt was elected to the Australian House of Representatives in the 2010 Australian federal election for the Division of Melbourne... |
Greens | Melbourne Division of Melbourne The Division of Melbourne is an Australian Electoral Division of Victoria. It is represented by Adam Bandt of the Australian Greens.Created at Federation in 1900 the division was one of the original 75 divisions contested at the first federal election... |
VIC |
| Andrew Wilkie Andrew Wilkie Andrew Damien Wilkie is an Australian politician and independent federal member for Denison... |
Independent | Denison Division of Denison The Division of Denison is anAustralian Electoral Division in Tasmania.The division was created in 1903 and is named for Sir William Denison, who was Lt-Governor of Van Diemens Land 1847-55... |
TAS |
Senate
| Member | Party | State/Territory |
|---|---|---|
| Mark Arbib Mark Arbib Mark Victor Arbib is an Australian politician. He has been a Labor member of the Australian Senate since July 2008, representing the state of New South Wales. He was the Australian Labor Party State Secretary of the New South Wales branch from 2004 to 2007... |
Labor | NSW |
| Carol Brown Carol Brown Carol Louise Brown , Australian politician, has been an Australian Labor Party member of the Australian Senate, representing the state of Tasmania, since 25 August 2005... |
Labor | TAS |
| Doug Cameron Doug Cameron (politician) Douglas Niven Cameron is an Australian politician and trade unionist. He has been a Labor member of the Australian Senate since July 2008, representing the state of New South Wales.... |
Labor | NSW |
| Trish Crossin Trish Crossin Patricia Margaret "Trish" Crossin , Australian politician, has been a member of the Australian Senate for the Northern Territory since June 1998, representing the Australian Labor Party... |
Labor | NT |
| David Feeney David Feeney David Ian Feeney is an Australian politician. He has been a Labor member of the Australian Senate since July 2008.Feeney was born in Adelaide. His father is a immigrant from Northern Ireland. Raised Catholic, he attended Mercedes College, Adelaide before moving to Melbourne, where he attended... |
Labor | VIC |
| Kate Lundy Kate Lundy Kate Alexandra Lundy is a member of the Australian Senate, representing the Australian Capital Territory.Born in Sydney, Lundy dropped out of Year 11 without telling her parents and went to work on a construction site... |
Labor | ACT |
| Gavin Marshall Gavin Marshall Gavin Mark Marshall , Australian politician, has been an Australian Labor Party member of the Australian Senate since July 2002, representing the state of Victoria.... |
Labor | VIC |
| Anne McEwen Anne McEwen Anne McEwen is a Labor member of the Australian Senate, representing South Australia.- Early life :Anne was born in Adelaide, South Australia, and attended St Joseph’s Primary School, Hectorville, and St Aloysius College in the city... |
Labor | SA |
| Claire Moore Claire Moore Claire Mary Moore is an Australian politician. Moore was elected to the Australian Senate from Queensland in July 2001, representing the Australian Labor Party. Her term began on 1 July 2002.... |
Labor | QLD |
| Louise Pratt Louise Pratt Louise Clare Pratt is an Australian politician. She has been a Labor member of the Australian Senate since July 2008, representing the state of Western Australia. She had been assured of election at the 2007 federal election after winning the first position on the Labor ticket, defeating incumbent... |
Labor | WA |
| Lisa Singh Lisa Singh Lisa Maria Singh is an Australian politician. She is currently an Australian Labor Party Senator for Tasmania. From 2006 to 2010, she was a Member of the Tasmanian House of Assembly, representing the division of Denison.... |
Labor | TAS |
| Matt Thistlethwaite Matt Thistlethwaite Matthew James "Matt" Thistlethwaite is an Australian politician and member of the Australian Labor Party. He was elected to the Australian Senate representing New South Wales at the 2010 federal election... |
Labor | NSW |
| Anne Urquhart Anne Urquhart Anne Elizabeth Urquhart is an Australian politician and member of the Australian Labor Party. She was elected to the Australian Senate representing Tasmania at the 2010 Australian federal election.... |
Labor | TAS |
| Penny Wong Penny Wong Penelope "Penny" Ying-yen Wong , is an Australian Labor Party senator for South Australia and the Federal Minister for Finance and Deregulation. Wong was the first Australian Minister for Climate Change and Water. Her appointment was amended on 26 February 2010, by the Prime Minister, to the... |
Labor | SA |
| Simon Birmingham Simon Birmingham Simon John Birmingham is an Australian politician and Liberal Party member of the Australian Senate since 2007, representing South Australia.-Early life and career:... |
Liberal | SA |
| 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... |
Greens | TAS |
| Sarah Hanson-Young Sarah Hanson-Young Sarah Coral Hanson-Young is an Australian politician. She has been a Greens member of the Australian Senate since July 2008, representing the state of South Australia. she is the youngest person ever elected to the Australian Senate.... |
Greens | SA |
| Scott Ludlam Scott Ludlam Scott Ludlam is an Australian politician and Greens member of the Australian Senate since July 2008, representing the state of Western Australia.... |
Greens | WA |
| Christine Milne Christine Milne Christine Anne Milne is an Australian Senator and deputy leader of the Australian Greens.Christine Milne first came to public attention for her role in opposing the building of the Wesley Vale pulp mill near Bass Strait in North Western Tasmania on the basis of its allegedly harmful environmental... |
Greens | TAS |
| Rachel Siewert Rachel Siewert Rachel Mary Siewert is an Australian Greens politician who was elected to represent Western Australia in the Australian Senate at the 2004 federal election.... |
Greens | WA |
| Lee Rhiannon Lee Rhiannon Lee Rhiannon , an Australian politician, is a Senator for New South Wales, elected at the 2010 federal election, representing the Australian Greens... |
Greens | NSW |
| Richard Di Natale Richard Di Natale Richard Di Natale is an Australian politician and member of the Victorian Greens. Di Natale was elected to the Australian Senate in the 2010 Australian federal election... |
Greens | VIC |
| Larissa Waters Larissa Waters Larissa Joy Waters is an Australian Greens Senator for Queensland.Waters was born in Winnipeg, Canada, grew up in Brisbane and lives in Bardon with her partner and their young daughter... |
Greens | QLD |
| Penny Wright Penny Wright Penelope Lesley "Penny" Wright is an Australian Greens senator for South Australia, first elected at the 2010 election.-Early life:... |
Greens | SA |