13 May 2010 - Relationships register passes in NSW

The NSW Gay and Lesbian Rights Lobby (GLRL) is pleased with the passing of the Relationships Register Bill by the NSW Parliament.  While not a substitute for Federal marriage reform, the registry scheme will provide greater relationship recognition for same-sex couples in NSW.

Senthorun Raj, GLRL Policy & Development Coordinator, stated, “This legislation provides same-sex and heterosexual couples with some determinative relationship recognition. By registering your relationship under the new NSW scheme, couples will be granted de facto status and corresponding rights under most state laws”.  

Some laws, however, will still require that couples have proof of cohabitation to be considered as de facto. 

Relationship registers are also a tangible legal mechanism to have relationships documented. Kellie McDonald, GLRL Convenor, noted that, “In our community consultations people expressed that they want diverse forms of relationship recognition, and registers are one option. However, same-sex couples, like heterosexual couples, should also have access to relationship recognition through marriage if they choose”.  

Registration will only be available to conjugal couples, although the term ‘couple’ is not strictly defined in the proposed legislation.  

Eligibility requirements for couples to register are also minimal. Ms McDonald added, “By providing a registry scheme that does not require cohabitation as an eligibility requirement, the legislation does not discriminate against couples who do not live together but wish to be registered as partners.”  

However, the GLRL expressed disappointment that there will be no provisions for ceremonies. Mr Raj added, “Denying couples a ceremonial option during the registration turns what is a celebration of a couple’s commitment into a mere administrative exercise.”  

Regulations may also provide for registrations in other States and Territories to be recognised in NSW.  

While the relationships register provides greater relationship recognition for same-sex couples, the GLRL strongly urges the NSW Government to act in the best interests of children and remove the last piece of direct legislative discrimination in NSW by amending the Adoption Act to allow same-sex couples to adopt.