Homosexuality - The Law in Australia

Homosexuality has been decriminalised in all States of Australia. The first State to do this was South Australia in 1972 ... and the last State was Tasmania in 1997 .

Over the past twenty years, homosexual activist groups have lobbied extensively for additional rights. States have been under increasing pressure from these groups and have passed anti-discrimination laws banning discrimination - in areas such as employment and accommodation - against people on the basis of their ‘sexual orientation’.

In the past few years, some States have altered State laws to recognise homosexual relationships and grant additional rights in the areas of superannuation, property, intestacy and health.

NSW, Victoria, Queensland and the ACT have already altered their laws regarding same sex relationships. Each State that does this is changing more and more laws. When NSW passed the Property (Relationships) Legislation Amendment Act in 1995, it simply gave property settlement rights. NSW has since passed additional laws relating to superannuation.

Victoria changed over 40 Acts of Parliament in one Act - The Statute Law Amendment (Relationships) Act - in 2001 and then passed another Act with 14 more changes later the same year.

Western Australian debated laws similar to those passed in Victoria in 2002. The changes were split into two Bills, the Family Court Amendment Bill and the Lesbian and Gay Law Reform Bill . The changes in WA were even more far-reaching - the laws provided access to IVF and adoption. These bills were passed by the Legislative Assembly in December, 2001 and by the Legislative Council in September 2002..

The Tasmanian Parliament has continued to expand rights for homosexuals. The Joint Standing Committee on Community Development released a Report in December 2001 titled The Legal Recognition of Significant Personal Relationships , which recommended the full acceptance of homosexual relationships.

Two Acts were passed by the Tasmanian Parliament in 2003, the Relationships Act one establishing a Relationships Register for 'significant relationships (same sex couples or heterosexual de facto couples) and 'caring relationships'. The second Act changed many Tasmanian laws to virtually equate all relationship types as equal. Adoption was allowed for 'known children but not 'strangers'. Vilification laws based on sexual orientation was also introduced.

In March 2006, the ACT government passed the 'Civil Unions' Bill, but this was overturned by the federal government. Chief Minister Jon Stanhope announced in October 2006 that he would re-introduce a modified law, calling them 'civil partnerships'.

Click here for a summary of the current federal and state anti-discrimination laws on the HREOC website.