4 May 2010 - Moving towards greater relationship recognition in NSW

The NSW Gay and Lesbian Rights Lobby (GLRL) is pleased the NSW Government has recently introduced the Relationships Register Bill 2010 into the NSW Legislative Assembly.  While the GLRL believes relationship registers provide for greater relationship recognition for same-sex couples, they are not a substitute for full marriage equality.

The relationship registers provide a legal mechanism for couples to have their relationships recognised. Kellie McDonald, GLRL Convenor, noted that, “Community consultations have indicated that people want diverse forms of relationship recognition, and registers are one form of that. However, same-sex couples, like heterosexual couples, should also have the option to have their relationships recognised through marriage”.

Senthorun Raj, GLRL Policy & Development Coordinator, also stated, “This registration scheme will provide determinative recognition for both heterosexual and same-sex couples. Registering your relationship under the NSW scheme will confer de facto status and corresponding rights under most state laws”. Some laws, however, will still require cohabitation as a requirement of de facto status.   

The proposed registry scheme will not place onerous requirements on eligibility. Ms McDonald stated, “It is pleasing that the registry scheme will not require cohabitation as an eligibility requirement, as it would discriminate against couples who did not live together but wished to be registered as partners.”  

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

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

However, the GLRL is disappointed 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.”  

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