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RELATIONSHIPS RIGHTS IN NSW: Frequently asked questions

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FACT SHEET: Relationships rights in NSW

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Relationships rights in NSW

Lesbian and gay relationships are recognised

After a long fight by the lesbian and gay community, since 28 June 1999 same sex couples have enjoyed most of the same rights in NSW as heterosexual de factos.

If you are in a de facto or domestic relationship you have many rights and responsibilities under NSW law.

De facto relationships are relationships between two adults who live together as a couple. Domestic relationships include those who live together where one provides the other with domestic support and personal care. This doesn’t cover flatmates or paid carers but is intended to include other carers.
Other requirements sometimes have to be met. The most important is that, in some cases, people need to have lived together for 2 years. This depends on the right in question.

Important areas where we have rights

• Inheritance
  Same sex partners can automatically inherit a partner’s assets if they die without a will. We no longer lose our homes, businesses and personal momentos when we lose our partners.
• Decision making in case of incapacity or death
  Same sex partners can now get information about sick lovers and participate in vital decisions. We can say good-bye to partners who are dying.
• Compensation
  Same sex partners can now claim compensation if their partner dies in an accident. This also applies to claims for psychological injury. We should no longer face being left impoverished if we are financially dependent.
• Stamp Duty
  Same sex partners can transfer property to joint ownership without paying stamp duty, saving many thousands of dollars. Similarly it can be transferred out of joint ownership if the relationship breaks down.
• Property division on relationship breakdown
  Couples and carers can get court assistance to disentangle their finances.
• Other
  Other areas which are covered include bail applications; notification of partners of patients with mental illness; and provision for partners when a person is unable to manage his/her own affairs.

We’re not equal yet

Although we now enjoy many rights, some problems remain and we do not yet have full equality. Changes to the Anti-Discrimination Act and some smaller pieces of NSW legislation still need to be made. Other relationships, including those of couples who don’t live together, don’t have sufficient legal protection. And there have been no changes made to important areas of law which are governed by the Federal Government, including superannuation.