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Inquiry into the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Bill 2008

Information about the Inquiry

The Senate Legal and Constitutional Affairs Committee is inquiring into the provisions of the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Bill 2008. The purpose of this Bill is to eliminate discrimination against same-sex couples and the children of same-sex relationships in a wide range of Commonwealth laws. The Bill will amend 68 Commonwealth laws, a list of which is included in the Explanatory Memorandum for the Bill.

According to the Explanatory Memorandum, the amendments contained in this Bill are required because same-sex de facto relationships and registered relationships are not accorded recognition in a wide range of Commonwealth laws which already provide recognition to opposite-sex de facto relationships. This differential treatment prevents same-sex couples from accessing many benefits which are available to opposite-sex couples, and also relieves them of some obligations commonly imposed on opposite sex couples. The amendments are also intended to ensure that children of same-sex couples are not disadvantaged solely because of their family structure.

The Bill is intended to remove discrimination by amending a number of different definitions across Commonwealth legislation. These amendments will include:

  • a new model definition of ‘de facto partner’ which will apply equally to same and opposite-sex de facto couples;

  • the definitions of ‘child’ and ‘parent’ will be expanded where appropriate to include the children of same-sex couples; and

  • amendments will also be made to ensure that de facto partners, children of same-sex couples, and persons whose relationship is traced through them will be considered to be members of a person’s family, and relatives for the purposes of relevant Commonwealth legislation. The general approach taken by the Bill is to extend the existing meaning of these terms to include same-sex relationships.

The reporting date for this inquiry is 14 October 2008.

The Committee invites written submissions by Monday 15 September 2008. Submissions should be sent to:

Committee Secretary
Senate Standing Committee on Legal and Constitutional Affairs
Department of the Senate
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

Persons lodging submissions should note that this inquiry is into the bill only, and to be considered relevant to the inquiry, submissions must address the provisions of the bill.

The Committee requests that where possible, submissions should also be provided by email to legcon.sen@aph.gov.au, preferably as MS Word or RTF format documents. Notes to assist in preparing submissions are available from the website http://www.aph.gov.au/senate/committee/wit_sub/index.htm or telephone the Secretariat on 02 6277 3560, fax: 02 6277 5794, or e-mail at the above address.

Once the Committee accepts your submission, it becomes a confidential committee document and is protected by Parliamentary Privilege. You must not release your submission without the Committee’s permission. If you do, it is not protected by Parliamentary Privilege. At some stage during the inquiry, the Committee normally makes submissions public. Please indicate if you want your submission to be kept confidential.

Inquiries from hearing and speech impaired people should be directed to the Parliament House TTY number (02 6277 7799). Adobe also provides tools for the blind and visually impaired to access PDF documents. These tools are available at: http://access.adobe.com/. If you require any special arrangements in order to enable you to participate in a committee inquiry, please contact the Committee Secretary.

 

For further information, contact:

Committee Secretary
Senate Standing Committee on Legal and Constitutional Affairs
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

Phone: +61 2 6277 3560
Fax: +61 2 6277 5794
Email: legcon.sen@aph.gov.au

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