Damon Mcknight
Australia has had federal same-sex marriage laws since 2017, but civil unions remain an option for couples. Previously, only some Australian states and territories allowed couples to have a civil union or partnership, and these were usually only recognised in the state or territory in which they occurred. Australian Capital Territory (ACT) and Queensland are two states that have passed same-sex marriage legislation, and civil partnerships are also available in these two states. Tasmania has also passed same-sex marriage legislation, but only in the Tasmanian House of Assembly, and the Legislative Council later voted against the legislation.
| Characteristics | Values |
|---|---|
| Number of Australian states and territories that allowed civil unions for same-sex couples before 9 December 2017 | 6 |
| Australian states and territories that allowed civil unions for same-sex couples before 9 December 2017 | Australian Capital Territory, Queensland (no official ceremony), Tasmania, New South Wales, Victoria, and South Australia |
| Australian state that passed same-sex marriage legislation in its legislature | Tasmania |
| Australian state that passed a same-sex marriage law in December 2013, but was struck down by the High Court | Australian Capital Territory |
| Australian state that allows civil partnerships for same-sex couples | Queensland |
| Australian state that previously allowed civil unions for same-sex couples | Australian Capital Territory |
| Australian state that allows civil unions to be terminated by giving a notice of termination to the registrar-general of civil unions | Australian Capital Territory |
| Australian state that recognises civil unions under the Relationships Act 2011 | Queensland |
| Australian state that recognises civil unions under corresponding laws | New South Wales, Victoria, Tasmania, and the ACT |
| Australian state that recognises civil unions under the Civil Unions Act 2012 | Australian Capital Territory |
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What You'll Learn
The Australian Capital Territory (ACT) recognises civil unions
The Australian Capital Territory (ACT) has been at the forefront of recognising the rights of same-sex couples in Australia. In August 2012, the ACT passed a Civil Union Act, which granted same-sex couples many of the same rights as those married under the Marriage Act 1961. This Act was not challenged by the Gillard government.
The Civil Union Act 2012 allowed celebrants to be registered to perform civil ceremonies. These civil unions could be terminated by giving notice to the registrar-general of civil unions. The ACT's legislation ensured that civil unions were treated the same as marriages under territory law. However, it is important to note that federal and other state laws may not recognise these unions in the same way. Couples in civil unions in the ACT may face different legal ramifications compared to married couples, especially if they move outside the territory.
The ACT also passed a same-sex marriage law in December 2013, but this was struck down by the High Court as it conflicted with federal law at the time. Same-sex marriage was only federally legalised in Australia in December 2017. Despite this federal recognition, the ACT's civil union schemes remain in place as an option for couples.
The recognition of civil unions in the ACT has been an important step towards ensuring the legal rights of same-sex couples. However, critics of civil unions argue that they create a 'separate but equal' system, where same-sex couples are forced to use a separate institution from marriage. Despite this criticism, the ACT's civil union laws have provided a pragmatic way to grant legal rights to same-sex couples while avoiding more controversial issues surrounding marriage.
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Tasmania recognises civil unions
Tasmania has been at the forefront of recognising the rights of same-sex couples in Australia. The state was the first in the country to enact legislation to allow for the registration and recognition of same-sex unions. This was achieved through the Relationships Act 2003, which allowed same-sex couples to register their union as a type of domestic partnership in two distinct categories: "significant relationships" and "caring relationships".
The Act defines a "significant relationship" as one between adults who are not married or related as family but live together as a couple. A "caring relationship" is defined as one between adults who provide domestic and personal care to each other. Both types of relationships can be registered by filing an application for a relationship certificate (also known as a "deed of relationship") with the Tasmanian Registry of Births, Deaths and Marriages.
Tasmania's recognition of same-sex unions provides couples with rights in several areas, including superannuation, taxation, insurance, health care, hospital visitation, wills, property division, and employment conditions such as parental and bereavement leave. Furthermore, Tasmania was the fourth jurisdiction in Australia to grant same-sex couples full adoption rights through the amendment of the Adoption Act 1988 in 2013.
Tasmania's pioneering legislation has had a significant impact across Australia. In 2007, the federal government encouraged all states and territories to create relationship registers identical to Tasmania's to ensure uniformity and consistent rights nationwide. As a result, several jurisdictions, including the Australian Capital Territory, New South Wales, South Australia, Queensland, and Victoria, recognised Tasmanian registered partnerships as de facto relationships under federal law.
While Tasmania has made significant strides in recognising same-sex civil unions, it is important to note that most major religious organisations in the state do not perform or bless same-sex marriages in their places of worship. However, the Uniting Church in Australia, the largest religious denomination permitting same-sex marriage in Tasmania, approved the creation of marriage rites for same-sex couples in 2018.
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Queensland recognises civil unions
To register a civil partnership in Queensland, couples must complete an application and provide evidence that at least one partner lives in Queensland. They must also provide proof that they are no longer married if they have previously been married, and all documents must be in English or supplied with certified translations. Civil partnerships in Queensland can be terminated by giving notice of termination to the registrar-general of civil unions.
Queensland's civil union scheme has been criticised for not being recognised interstate or internationally, and for not allowing same-sex couples to adopt children. However, it is important to note that under federal law, same-sex couples in Australia are treated as de facto relationships and have many of the same rights and benefits as married couples.
Prior to the introduction of same-sex marriage in Australia in 2017, Queensland, along with New South Wales, Victoria, Tasmania, and the Australian Capital Territory, had enacted legislation to allow for the registration of committed relationships, including same-sex relationships.
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New South Wales recognises civil unions
In Australia, same-sex couples have access to different relationship recognition schemes across six states and three internal territories. These schemes remain in place even after the federal legalisation of same-sex marriage in 2017. Civil unions, also known as civil partnerships, are a legally recognised arrangement similar to marriage, primarily created to provide legal recognition for same-sex couples.
New South Wales recognises domestic partnerships, also known as registered relationships, for same-sex couples. The Relationships Register Act 2010 allows for the registration of relationships, regardless of sex. To be eligible for registration, at least one adult must reside in New South Wales, and neither party can be married or in a relationship with another person, nor be related to each other, including by adoption. Applications are supported by a statutory declaration attesting that both parties are eligible to have the relationship registered.
In 2012, the Civil Union Act was passed in the Australian Capital Territory, which recognised civil unions and treated them as marriages under territory law. This Act also applies to relationships registered under the corresponding laws of New South Wales, Victoria, Tasmania, and the ACT. Celebrants can be registered under the Civil Unions Act 2012 to perform civil ceremonies.
Prior to the federal legalisation of same-sex marriage, New South Wales, along with five other Australian jurisdictions, recognised same-sex marriages and civil partnerships performed overseas. In 2018, New South Wales passed legislation removing the forced divorce requirement for same-sex couples.
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Victoria recognises civil unions
In Victoria, the cities of Melbourne and Yarra established relationship declaration registers in 2007. The state has comprehensive laws that go beyond registration and recognition of same-sex relationships, allowing for agreements regarding financial matters, maintenance, and other domestic matters. Victoria also recognises de facto relationships, providing couples who live together with similar legal status to marriage in terms of social security, property division, childcare, etc.
Civil unions, also known as civil partnerships, are legally recognised arrangements similar to marriage, primarily created to provide legal recognition for same-sex couples. They grant some or all of the rights of marriage, with child adoption being a common exception. Civil unions are viewed by supporters of LGBT rights as a "separate but equal" status, a first step towards establishing same-sex marriage.
In Australia, civil unions are recognised under the Queensland Relationships Act 2011 and the ACT Civil Unions Act 2012. The ACT Civil Unions Act 2012 states that a civil union is "different to a marriage but is to be treated for all purposes under territory law in the same way as a marriage". Couples must not be married, related by blood, or in another relationship to enter a civil union. Celebrants can be registered under the Civil Unions Act 2012 to perform civil ceremonies.
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Frequently asked questions
Same-sex couples can enter into civil partnerships in the Australian Capital Territory (ACT) and Queensland. Previously, same-sex couples could also enter into civil unions in the ACT. Tasmania, New South Wales, Victoria, and South Australia also recognised same-sex marriages and civil partnerships performed overseas.
The main difference lies in the legal ramifications after the relationship is legalised. All Australian marriages are accepted internationally, whereas civil unions are often not recognised in other countries or even other states and territories within Australia. For instance, in the case of a separation or divorce, married couples are automatically entitled to spousal maintenance and property settlements, whereas civil partnerships and unions must meet a particular set of requirements to have the same entitlements.
In August 2012, a civil union bill passed the Legislative Assembly, granting many of the same rights to same-sex couples as people married under the Marriage Act 1961. From 9 December 2017, same-sex marriage was legalised in Australia, and civil unions are no longer accessible to same-sex couples.
Applications for registration are made to the Registrar of Births, Deaths and Marriages. Registered relationships are terminable on death or marriage or by making a termination application to the Registrar. Celebrants can be registered under the Civil Unions Act 2012 to perform civil ceremonies.
