Justice and Community Safety Legislation Amendment Bill 2016 (No 3)(ACT)

Friday 23 December 2016 @ 9.37 a.m. | Legal Research

The Australian Capital Territory Attorney-General Gordon Ramsay has introduced a bill into Parliament that would allow for the automatic recognition of same sex unions that take place outside of the ACT. The Justice and Community Safety Legislation Amendment Bill 2016 (No 3)was introduced on the 15 December 2016 and will amend the Civil Unions Act 2012 to reflect this change.

Background to the Bill

The current laws in the ACT allow for the automatic recognition of heterosexual unions that take place outside of the ACT. This same recognition does not extend to same-sex couples. Same-sex unions are required to be registered in the ACT upon the couple’s return to Canberra.

The Bill introduced will amend section 27 of the Civil Unions Act 2012 (ACT) to recognise an overseas or interstate relationship not between a man and a woman as a civil union under ACT laws. Mr Ramsay said of the bill:

"We don't want to be making people in same-sex relationships jump through hurdles that others don't have to. We look forward to marriage equality, but until that is the case, we will make sure it is open and as equal as possible for all people…It's a way of recognising that all aspects of law and all aspects of love are equal."

Other Jurisdictions

Similar laws have been introduced throughout Australia most notably, in Victoria where the Relationships Amendment Act 2016 passed in February 2016. The ACT Bill will mirror the Victorian legislation in directly recognising a corresponding law relationship under the legislation rather than recognition by regulation. A similar Bill has also recently been passed in South Australia and is awaiting assent. 

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Sources:

Justice and Community Safety Legislation Amendment Bill 2016 (No 3), Bill and Explanatory Statement as published on LawOne

Same-sex unions to be automatically recognised in ACT under new legislation

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