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CIVIL UNIONS IN
AUSTRALIA
Australian Capital Territory
News South
Wales
Tasmania
Victoria
Australia
currently has civil unions in the Australian
Capital Territory, Tasmania and Victoria.
The Federal Government has begun to
recognise state and territory civil unions for the purpose of
federal entitlements, with the process expected to be completed by
the middle of next year.
These civil union schemes are only
open to residents of the particular state or territory which
provides them and are not recognised by other Australian states or
territories. Some other countries, however, do recognise Australian
civil unions, for example, the United
Kingdom.
Additionally, the City of Melbourne
and Yarra City Council in Victoria and the City of Sydney in New
South Wales provide relationship declaration programs. More information is
provided below under their respective state headings.
The provision of civil unions. whilst
ensuring couples have access to most relationship entitlements,
should not be confused with equality.
A number of courts around the world
have ruled that schemes separate from marriage cannot be equal to
marriage. Most recently, the California Supreme Court ruled on 15
May 2008 that giving the unions of same-sex couples a name that was
separate and distinct from ‘marriage’ reduced gays to “second-class
citizens”.
Same-sex couples enter civil unions
for different reasons. Some couples seek legal recognition of their
relationship but do not wish to marry. Other couples would like to
marry but enter a civil union as it may be the only option available
to them.
●
Same-Sex Marriage and Equality: Why Civil Unions
Are Not Enough - Sue Wilkinson & Celia Kitzinger
(pdf 86Kb)
Australian Capital Territory
The Civil
Partnership Act 2008 commenced on 19 May 2008.
There are four options
for entering an ACT civil union:
-
Deputy
Registrar-General witnesses statutory
declaration, endorses and registers application
(Counter - no bookings required)
-
Deputy
Registrar-General endorses and registers
application (Statutory declaration witnessed by
other qualified person) (Counter -no bookings
required)
-
Deputy
Registrar-General conducts commitment ceremony,
witnesses statutory declaration, endorses and
registers application (Pre-ceremony interview
required - Booking required)
-
Deputy
Registrar-General attends commitment ceremony,
but only endorses and registers application
(Booking required)
For further
information on entering a civil union and the
consequences of doing so, see the ACT Department of
Justice and Community Safety website:
www.rgo.act.gov.au/bdm/bdm_civil.html
New South Wales
There is no civil
union scheme in New South Wales, however, the City
of Sydney provides a relationship register available
to all residents of the state.
The City of Sydney
Relationships Declaration Program recognises both
same-sex and opposite-sex relationships. Although
registration does not confer legal rights in the way
a marriage does, it allows couples to make a written
declaration that they are mutually committed to
sharing their lives together. Couples have the
option of holding a ceremony to celebrate their
declaration.
Further further
information, visit the City of Sydney website:
www.cityofsydney.nsw.gov.au/Community/ServicesAndPrograms/Default.asp
Tasmania
Australia's first civil union scheme
was introduced by Tasmania and commenced operation in January 2004.
The Relationships Act 2003
provides for the registration of a Deed of Relationship with the
Tasmanian Registrar of Births, Deaths and Marriages.
Registration of a Deed of Relationship
allows immediate access to relationship entitlements as well as a
means of proving the existence of a relationship if challenged.
Victoria
The Relationships Act 2008 was passed by the Victorian
Parliament in April 2008 and will come into effect on or before 1
December 2008.
Couples will be able to register their
relationship with the Registrar of Births, Deaths and Marriages and
have that relationship recognised under Victorian law.
Two local councils, Melbourne and
Yarra, have also introduced relationship registers. Although they do
not confer legal rights in the way a marriage does, they allow
couples to make a written declaration that they are mutually
committed to sharing their lives together. See below for further
information.
City of Melbourne:
www.melbourne.vic.gov.au/info.cfm?top=208&pg=3483
Yarra City Council:
www.yarracity.vic.gov.au/council/governance/relationship declaration
register.asp
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