House of Representatives

Explanatory Memorandum

Circulated By the Authority of the Attorney-General, the Hon Robert Mcclelland Mp

Outline

1 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 to achieve this purpose, including the following Acts:

Schedule 1 - Agriculture, Fisheries and Forestry

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Australian Meat and Live-stock Industry Act 1997

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Farm Household Support Act 1992

Schedule 2 - Attorney-General

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Acts Interpretation Act 1901

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Administrative Decisions (Judicial Review) Act 1977

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Age Discrimination Act 2004

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Australian Federal Police Act 1979

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Bankruptcy Act 1966

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Crimes Act 1914

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Crimes (Superannuation Benefits) Act 1989

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Customs Act 1901

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High Court Justices (Long Leave Payments) Act 1979

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Judges (Long Leave Payments) Act 1979

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Passenger Movement Charge Collection Act 1978

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Proceeds of Crime Act 2002

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Service and Execution of Process Act 1992

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Sex Discrimination Act 1984

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Witness Protection Act 1994

Schedule 3 - Broadband, Communications and the Digital Economy

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Australian Postal Corporation Act 1989

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Broadcasting Services Act 1992

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Telstra Corporation Act 1991

Schedule 4 - Defence

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Defence Force (Home Loans Assistance) Act 1990

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Defence (Parliamentary Candidates) Act 1969

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Royal Australian Air Force Veterans' Residences Act 1953

Schedule 5 - Education, Employment and Workplace Relations

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Education Services for Overseas Students Act 2000

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Higher Education Support Act 2003

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Judicial and Statutory Officers (Remuneration and Allowances) Act 1984

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Safety, Rehabilitation and Compensation Act 1988

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Seafarers Rehabilitation and Compensation Act 1992

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Student Assistance Act 1973

Schedule 6 - Families, Housing, Community Services and Indigenous Affairs

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A New Tax System (Family Assistance) Act 1999

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A New Tax System (Family Assistance ) ( Administration) Act 1999

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Aboriginal Land Grant (Jervis Bay Territory) Act 1986

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Corporations (Aboriginal and Torres Strait Islander) Act 2006

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Social Security Act 1991

Schedule 7 - Finance and Deregulation

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Commonwealth Electoral Act 1918

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Medibank Private Sale Act 2006

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Members of Parliament (Life Gold Pass) Act 2002

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Parliamentary Entitlements Act 1990

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Superannuation Act 1976

Schedule 8 - Foreign Affairs and Trade

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Australian Passports Act 2005

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Export Market Development Grants Act 1997

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Trade Representatives Act 1933

Schedule 9 - Health and Ageing

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Aged Care Act 1997

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Health Insurance Act 1973

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National Health Act 1953

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Prohibition of Human Cloning for Reproduction Act 2002

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Research Involving Human Embryos Act 2002

Schedule 10 - Immigration and Citizenship

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Australian Citizenship Act 2007

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Immigration (Education) Act 1971

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Immigration (Guardianship of Children) Act 1946

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Migration Act 1958

Schedule 11 - Infrastructure, Transport, Regional Development and Local Government

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Airports Act 1996

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Civil Aviation (Carriers' Liability) Act 1959

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Navigation Act 1912

Schedule 12 - Innovation, Industry, Science and Research

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Pooled Development Funds Act 1992

Schedule 13 - Prime Minister and Cabinet

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Privacy Act 1988

Schedule 14 - Treasury

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A New Tax System (Medicare Levy Surcharge - Fringe Benefits) Act 1999

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Corporations Act 2001

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Fringe Benefits Tax Assessment Act 1986

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Financial Sector (Shareholdings) Act 1998

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Foreign Acquisitions and Takeovers Act 1975

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Income Tax Assessment Act 1936

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Income Tax Assessment Act 1997

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Insurance Acquisitions and Takeovers Act 1991

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Life Insurance Act 1995

Schedule 15 - Veterans' Affairs

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Defence Service Homes Act 1918

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Military Rehabilitation and Compensation Act 2004

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Veterans' Entitlements Act 1986

2 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. It also relieves them of a number of obligations which are commonly imposed on opposite-sex couples.

3 The amendments are also required to ensure that functional recognition is provided to the children of same-sex relationships. The amendments will ensure that children of same-sex couples are not disadvantaged solely because of their family structure. It will also mean that legislative provisions which extend rights and duties to children and relatives will extend to children of same-sex relationships.

4 The Bill will 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. 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. A more detailed discussion of the definitions and approaches adopted in the Bill may be found in the Key Concepts and Definitions section of this Explanatory Memorandum.