LGBT rights in Victoria (Australia)
Encyclopedia
While Victoria was at the forefront of the gay rights movement in the 1960s and 1970s, it has never taken the lead in gay rights legislation. Gay sex between men was legalised in 1980. Discrimination on the basis of sexual orientation was outlawed in 2000. Victoria has a Domestic Partnership Register, which was launched in December 2008. Assisted reproductive technology or ART, IVF, artificial issamination, altruistic surrogacy and parentage rights have been legally available for both same-sex couples and single people since January 2010. However Victoria as with some other states does not allow same-sex couples to jointly adopt children, but started allowing step parent adoptions in 2008.
, particularly in Melbourne
. An Australian arm of the Daughters of Bilitis
was formed in Melbourne
in 1969, and is considered Australia's first gay rights organisation. The Melbourne-based gay rights organisation Society Five
was formed in 1971. Additional rights organisations followed, including the Homosexual Law Reform Coalition in 1975 and the Gay Teachers Group in the late 1970s, both of which were also based in Melbourne.
The gay community was keenly monitoring events in South Australia
surrounding the decriminalisation of homosexuality which took place between 1972 and 1975. In 1976, The Age
reported that police had used entrapment to make mass arrests at Black Rock Beach which angered the gay community and gave the issue wide public attention. Amidst the storm of protest and debate, widespread support for the decriminalisation of male homosexual acts surfaced within the political mainstream.
It was not until December 1980 that a law was passed (72-7) to decriminalise homosexuality. The age of consent for gay men was set at 18 in 1980 and was not equalised to 16 until 1994 (14 years later) http://www.legislation.vic.gov.au/.
to give same-sex couples, called domestic partners, some rights equal to those enjoyed by de facto couples, including hospital access, medical decision making, superannuation, inheritance rights, property tax, landlord/tenancy rights, mental health treatment, and victims of crime procedures.
In March 2006, independent Victorian MP Andrew Olexander
proposed a private member's bill to allow civil partnerships in the state, but the state government would not allow it to be drafted by the parliamentary counsel.
The city of Melbourne
provided a "Relationship Declaration Register" for all relationships and carers starting in April 2007. While the register does not confer legal rights in the way traditional marriage does, it may be used to demonstrate the existence of a de facto relationship in relation to the Property Laws Act 1958, the Administration and Probate Act 1958 and other legislation involving domestic partnerships. The city of Yarra
launched its Relationship Declaration Program the following month. Under the program two people may declare that they are partners and have this declaration recorded in the Yarra City Council Relationship Declaration Register.
In December 2007, Victoria
's parliament introduced the Relationships Bill 2007, to allow same-sex couples register their relationships state-wide with the Registrar of Births, Deaths and Marriages. This bill also amends 69 other pieces of legislation to include couples who are in registered relationships. The Bill was passed by the Victorian Legislative Assembly
, or lower house on 12 March 2008. All Labor MPs who were present voted in favour, 24 MPs voted against the bill, 54 voted for it.. The Legislative Council
, or upper house, voted in favour of the bill without amendments on 10 April 2008. Approved and given Royal Assent
by the Governor on 15 April, the relationships register came into operation by 1 December 2008.
became the first State in Australia in which a child was born by use of IVF surrogacy
. In July 1988, sections 11, 12, and 13 of the Infertility (Medical Procedures) Act 1984 were commenced to prevent a repetition of IVF surrogacy in Victoria, by prohibiting the use of IVF technology on women who have not been diagnosed as infertile and rendering commercial and altruistic surrogacy arrangements void. In addition, only women who were married were allowed to access IVF treatment. Then in 1997, women in de facto relationships with men were allowed access to IVF treatment under the Infertility Treatment (Amendment) Act 1997 http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/f932b66241ecf1b7ca256e92000e23be/AE92A91DCE0B551CCA256E5B00213B98/$FILE/97-037a.pdf.
On 28 July 2000, re McBain v State of Victoria, Justice Sundberg of the Federal Court of Australia concluded that the Victorian legislation infringed the prohibition on discrimination found in section 22 of the Sex Discrimination Act. This eliminated any marriage requirement, but did not clearly address the medical needs requirement. This legal decision has opened the door for lesbian couples to use IVF procedures.
In June 2007, the Victorian Law Reform Commission
released its final report recommending that the laws be modified to allow more people to use assisted reproductive technologies and to allow same-sex couples to adopt and be recognized as parents to their partner's children. The proposed changes would also mean drastic reforms to surrogacy which, while technically legal, was practically impossible in Victoria: a woman would no longer have to be clinically infertile to be a surrogate mother. In addition, parents who have children through surrogacy would be able to go to the County Court and apply for a substitute parentage order for legal recognition. Birth certificates could use the word parent instead of mother and father.
Victoria is expected to adopt almost all of the 130 recommendations of the Victorian Law Reform Commission in legislation which was introduced to Parliament
in September 2008. This will make IVF legal for all women (except sex offenders), and gives parents of surrogate children, including female same-sex partners, greater parenting rights. Altruistic surrogacy would become legal, while commercial surrogacy would remain illegal. The Government
stopped short of allowing same-sex couples full adoption rights. According to the draft bill, the surrogate mother will be presumed to be the mother of the child unless or until a substitute parentage order is made in favour of the commissioning parents.
The lower house voted 47-34 to support the contentious Assisted Reproductive Treatment Bill 2008, with all Coalition members voting against it. After passing the upper house by just two votes, the bill was amended and had to go back for another vote in the lower house and then passed the lower house. The passed bill then got assented on 4 December 2008. The law became effective from 1.1.2010 http://www.heraldsun.com.au/news/we-are-family-and-we-love-it/story-e6frf7jo-1225818570294.
Assisted Reproductive Treatment Bill 2008 Passed - Assented 4/12/08
Activism and decriminalisation
Gay activism in Australia began in VictoriaVictoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
, particularly in Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
. An Australian arm of the Daughters of Bilitis
Daughters of Bilitis (Australia)
The Australian arm of the Daughters of Bilitis was formed in Melbourne in late 1969, and is considered Australia's first gay rights group. It was inspired by the American Daughters of Bilitis movement...
was formed in Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
in 1969, and is considered Australia's first gay rights organisation. The Melbourne-based gay rights organisation Society Five
Society Five
Society Five was a gay rights organisation formed in Melbourne, Australia, in January 1971, as the local branch of the national Campaign Against Moral Persecution network. The name referred to the believed percentage of the population who were homosexual. It was a 'closeted' organisation, in that...
was formed in 1971. Additional rights organisations followed, including the Homosexual Law Reform Coalition in 1975 and the Gay Teachers Group in the late 1970s, both of which were also based in Melbourne.
The gay community was keenly monitoring events in South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
surrounding the decriminalisation of homosexuality which took place between 1972 and 1975. In 1976, The Age
The Age
The Age is a daily broadsheet newspaper, which has been published in Melbourne, Australia since 1854. Owned and published by Fairfax Media, The Age primarily serves Victoria, but is also available for purchase in Tasmania, the Australian Capital Territory and border regions of South Australia and...
reported that police had used entrapment to make mass arrests at Black Rock Beach which angered the gay community and gave the issue wide public attention. Amidst the storm of protest and debate, widespread support for the decriminalisation of male homosexual acts surfaced within the political mainstream.
It was not until December 1980 that a law was passed (72-7) to decriminalise homosexuality. The age of consent for gay men was set at 18 in 1980 and was not equalised to 16 until 1994 (14 years later) http://www.legislation.vic.gov.au/.
Discrimination protections
Since 2000, Victoria prohibits discrimination based on sexual orientation and gender identity under the Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 - which amended the Equal Opportunity Act 1995.Recognition of same-sex relationships
In August 2001, the Statute Law Amendment (Relationships) Act 2001 and the Statute Law Further Amendment (Relationships) Act 2001 amended 60 Acts in VictoriaVictoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
to give same-sex couples, called domestic partners, some rights equal to those enjoyed by de facto couples, including hospital access, medical decision making, superannuation, inheritance rights, property tax, landlord/tenancy rights, mental health treatment, and victims of crime procedures.
In March 2006, independent Victorian MP Andrew Olexander
Andrew Olexander
Andrew Phillip Olexander is an Australian politician. He was an independent member of the Victorian Legislative Council representing Silvan Province from November 2005 to November 2006, after being expelled from the parliamentary Liberal Party, which he had represented since 1999.His career has...
proposed a private member's bill to allow civil partnerships in the state, but the state government would not allow it to be drafted by the parliamentary counsel.
The city of Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
provided a "Relationship Declaration Register" for all relationships and carers starting in April 2007. While the register does not confer legal rights in the way traditional marriage does, it may be used to demonstrate the existence of a de facto relationship in relation to the Property Laws Act 1958, the Administration and Probate Act 1958 and other legislation involving domestic partnerships. The city of Yarra
City of Yarra
The City of Yarra is a Local Government Area in Victoria, Australia, located in the inner eastern and northern suburbs of Melbourne. It has an area of 19.5 square kilometres, and at the 2006 census it had a population of 69,330...
launched its Relationship Declaration Program the following month. Under the program two people may declare that they are partners and have this declaration recorded in the Yarra City Council Relationship Declaration Register.
In December 2007, Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
's parliament introduced the Relationships Bill 2007, to allow same-sex couples register their relationships state-wide with the Registrar of Births, Deaths and Marriages. This bill also amends 69 other pieces of legislation to include couples who are in registered relationships. The Bill was passed by the Victorian Legislative Assembly
Victorian Legislative Assembly
The Victorian Legislative Assembly is the lower house of the Parliament of Victoria in Australia. Together with the Victorian Legislative Council, the upper house, it sits in Parliament House in the state capital, Melbourne.-History:...
, or lower house on 12 March 2008. All Labor MPs who were present voted in favour, 24 MPs voted against the bill, 54 voted for it.. The Legislative Council
Victorian Legislative Council
The Victorian Legislative Council, is the upper of the two houses of the Parliament of Victoria, Australia; the lower house being the Legislative Assembly. Both houses sit in Parliament House in Spring Street, Melbourne. The Legislative Council serves as a house of review, in a similar fashion to...
, or upper house, voted in favour of the bill without amendments on 10 April 2008. Approved and given Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
by the Governor on 15 April, the relationships register came into operation by 1 December 2008.
- Victorian Registry of Births, Deaths and Marriages
- City of Melbourne Relationship Declaration Register
- City of Yarra Relationship Declaration Register
Adoption and family planning
In May 1988, VictoriaVictoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
became the first State in Australia in which a child was born by use of IVF surrogacy
Surrogacy
Surrogacy is an arrangement in which a woman carries and delivers a child for another couple or person. This woman may be the child's genetic mother , or she may carry the pregnancy to delivery after having an embryo, to which she has no genetic relationship whatsoever, transferred to her uterus...
. In July 1988, sections 11, 12, and 13 of the Infertility (Medical Procedures) Act 1984 were commenced to prevent a repetition of IVF surrogacy in Victoria, by prohibiting the use of IVF technology on women who have not been diagnosed as infertile and rendering commercial and altruistic surrogacy arrangements void. In addition, only women who were married were allowed to access IVF treatment. Then in 1997, women in de facto relationships with men were allowed access to IVF treatment under the Infertility Treatment (Amendment) Act 1997 http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/f932b66241ecf1b7ca256e92000e23be/AE92A91DCE0B551CCA256E5B00213B98/$FILE/97-037a.pdf.
On 28 July 2000, re McBain v State of Victoria, Justice Sundberg of the Federal Court of Australia concluded that the Victorian legislation infringed the prohibition on discrimination found in section 22 of the Sex Discrimination Act. This eliminated any marriage requirement, but did not clearly address the medical needs requirement. This legal decision has opened the door for lesbian couples to use IVF procedures.
In June 2007, the Victorian Law Reform Commission
Law Commission
A Law Commission or Law Reform Commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal changes or restructuring...
released its final report recommending that the laws be modified to allow more people to use assisted reproductive technologies and to allow same-sex couples to adopt and be recognized as parents to their partner's children. The proposed changes would also mean drastic reforms to surrogacy which, while technically legal, was practically impossible in Victoria: a woman would no longer have to be clinically infertile to be a surrogate mother. In addition, parents who have children through surrogacy would be able to go to the County Court and apply for a substitute parentage order for legal recognition. Birth certificates could use the word parent instead of mother and father.
- Law Reform Commission Report: Assisted Reproductive Technology (ART) and Adoption
Victoria is expected to adopt almost all of the 130 recommendations of the Victorian Law Reform Commission in legislation which was introduced to Parliament
Parliament of Victoria
The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria. It follows a Westminster-derived parliamentary system and consists of The Queen, represented by the Governor of Victoria; the Legislative Council ; and the Legislative Assembly...
in September 2008. This will make IVF legal for all women (except sex offenders), and gives parents of surrogate children, including female same-sex partners, greater parenting rights. Altruistic surrogacy would become legal, while commercial surrogacy would remain illegal. The Government
Government of Victoria
The Government of Victoria, under the Constitution of Australia, ceded certain legislative and judicial powers to the Commonwealth, but retained complete independence in all other areas...
stopped short of allowing same-sex couples full adoption rights. According to the draft bill, the surrogate mother will be presumed to be the mother of the child unless or until a substitute parentage order is made in favour of the commissioning parents.
The lower house voted 47-34 to support the contentious Assisted Reproductive Treatment Bill 2008, with all Coalition members voting against it. After passing the upper house by just two votes, the bill was amended and had to go back for another vote in the lower house and then passed the lower house. The passed bill then got assented on 4 December 2008. The law became effective from 1.1.2010 http://www.heraldsun.com.au/news/we-are-family-and-we-love-it/story-e6frf7jo-1225818570294.
Assisted Reproductive Treatment Bill 2008 Passed - Assented 4/12/08
See also
- LGBT rights in Australia
- LGBT rights in New South WalesLGBT rights in New South Wales-Activism and decriminalization:The Campaign Against Moral Persecution, also known as C.A.M.P., was founded in Sydney in September 1970 and was one of Australia's fist gay rights organisations. C.A.M.P...
- LGBT rights in QueenslandLGBT rights in QueenslandSame-sex sexual activity was decriminalized on 29 November 1990. The bill which decriminalized sodomy was assented on 7 December 1990...
- LGBT rights in South AustraliaLGBT rights in South AustraliaSame-sex couples in South Australia have access to many spousal rights and can easily prove that a relationship exists through a domestic partnership agreement...
- LGBT rights in New South Wales
- Recognition of same-sex unions in Australia