Laws

Australia

TASMANIA

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
Bullying
  Civil Unions
Custody of Children
Discrimination
Estates, Inheritance
Fostering Children
Gender Identity
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
Parenting
  Partners
Property
Sodomy
Superannuation
Surrogacy
Transgender, Transsexual
Violence
Wrongful Death

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Equal Love
Age of Consent Legislation/Cases/References
1.

State

Consensual sex between two persons aged 17 is lawful [R1.1].


Criminal Code Act 1924, Chapter XIV - Crimes Against Morality

Section 124. Sexual intercourse with young person

(1) Any person who has unlawful sexual intercourse with another person who is under the age of seventeen (17) years is guilty of a crime [L1.1].

L1.1 Criminal Code Act 1924
R1.1 Sydney Morning Herald: Age of Consent Back for Debate 07 JUL 99
Anti-Vilification Legislation/Cases/References
See also: [HATE CRIMES]
1.

State

Section 19 of the Tasmanian Anti-Discrimination Act 1998 makes it an offence to incite hatred towards, serious contempt for, or severe ridicule of, a person or a group of persons on several grounds including sexual orientation or lawful sexual activity [L1.1].

Sexual orientation is defined in Section 3 of the Act to include heterosexuality, homosexuality, bisexuality, or transsexuality.

L1.1 Anti-Discrimination Act 1998
Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation, Surrogacy
Legislation/Cases/References
See also: [PARENTING]
1.

State

Surrogacy Contracts Act 1993 (No. 4 of 1993) [L1.7]

4. Surrogacy Contracts

(1) A person must not introduce, or agree to introduce, prospective parties to a surrogacy contract.

(2) A person must not induce another person to enter into a surrogacy contract.

(3) A person must not arrange or negotiate, or agree to arrange or negotiate, a surrogacy contract on behalf of another person.

(4) A person must not make or receive, or agree to make or receive, a payment or reward in relation to a surrogacy contract.

Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months.


On 29 August 2012, the Surrogacy Bill to allow couples, including same-sex couples and singles, the ability to enter into surrogacy arrangements legally, was passed in the Upper House after 25 amendments to the Bill were agreed to. The amended Bill returns to the Lower House to vote on [L1.6], [R1.5].

In December 2010, the Government was expected to introduce legislation that would allow altruistic surrogacy for heterosexual and same-sex couples [R1.4].


In June 2009, legislation was introduced which will automatically grant parent status to the same-sex partner of a woman who has a child through IVF or other reproductive technology [R1.3].

Previously:

In June 2003, legislation was to be introduced to the Tasmanian parliament that would deem a child born as a result of fertility treatment to two women, the child of both women. [R1.2].


As at March 1997, Tasmanian women could access IVF programs regardless of sexuality or marital status [R1.1].

L1.7 Surrogacy Contracts Act 1993 (No. 4 of 1993)
L1.6 Tasmania Parliament: Surrogacy Bill 2011 PDF 115.73kb, 27 APR 11
R1.5 The Mercury: Surrogacy hopes closer 30 AUG 12
R1.4 Star Observer: Tasmania moves on surrogacy 09 DEC 10
R1.3 MCV: Lesbian mothers recognised 23 JUN 09
R1.2 ABC News: Tas Govt tables diluted same sex adoption bill 19 JUN 03
R1.1 Melbourne Star Observer: IVF Access in Tasmania 21 MAR 97
Asylum, Immigration, Refugees Legislation/Cases/References
1.

National

The Federal Migration Act 1958 governs Asylum, Immigration and Refugee matters in Australia

See: FEDERAL - ASYLUM, IMMIGRATION, REFUGEES
Children: Access, Custody, Visitation Legislation/Cases/References
1.

National

The Federal Family Law Act 1975 governs access to children matters in Australia

See: FEDERAL - ACCESS TO CHILDREN
FEDERAL - CUSTODY OF CHILDREN
Civil Unions, Partners Legislation/Cases/References
1.

State

In August 2003, the Relationships Act 2003 was passed by the Tasmanian Legislative Council [L1.11], [R1.10].

It was assented to on 17 September 2003 and proclaimed into law 01 January 2004 [L1.11].

The Act has the widest definition of relationship of any Australian law and was the first Australian law to establish a registry for non-traditional relationships and allow same sex couples to adopt children they already care for. It will not allow same sex couples to adopt children relinquished by other parents [R1.9].

For more detailed information see www.relationshipstasmania.org.au

An Application to Register a Deed of Relationship may be obtained from www.justice.tas.gov.au (under Births, Deaths and Marriages) and at [R1.8].


From 01 April 2011, civil partnerships from Victoria, NSW, the ACT, New Zealand and the UK will be automatically recognised in Tasmania, along with civil partnerships and same-sex marriages from all thirteen Canadian provinces. Partnerships and marriages from other jurisdictions are currently being assessed [R1.7].

On 30 September 2010, the upper house of the legislature passed the Relationships Amendment (Recognition of Registered Relationships) Act 2010 amending the Relationships Act 2003 allowing gay couples from other states and overseas to be automatically recognized as partners in a Tasmanian Deed of Relationship [R1.6].


On 31 August 2010, in a 22–3 vote, the Tasmanian Parliament approved laws recognising same-sex marriages and civil unions registered in other states or countries [R1.5].


From 01 November 2009 amendments to the law enable couples to sign their Deed of Relationship in a ceremony presided over by a marriage celebrant and in front of their friends and families. The new ceremonies will not be available until a month later, due to a 28-day period in which applications for Deeds of Relationship are processed [R1.4].


In January 2006, the United Kingdom Home Office announced that it would recognise these "special relationships" as a direct equivalent of the civil partnership, saving homosexual Tasmanians the fuss and expense of a British ceremony [R1.3].

If a same-sex couple is not registered, establishing documentary proof of a same-sex relationship may be advisable and at a minimum this could perhaps be achieved by both partners making a statutory declaration [R1.2].


In November 2002, gay and lesbian couples were expected to be allowed to legally adopt children from the middle of next year [R1.1].

2.

Courts & Tribunals

On 07 December 2016, Justice R J C Benjamin in the Family Court of Australia at Hobart declared that a de facto relationship existed between Mr Martens and Mr Bocca (both pseudonyms) from November 2000 until 23 October 2013 and as such Martens is entitled to seek adjustment of property pursuant to the Act. Whilst the parties maintained separate homes throughout the relationship, Bocca referred to Martens as his 'partner', 'husband', and 'better half'. The parties conducted and shared many aspects of their lives together and spent most weekends together. The Court referred the proceedings for a Conciliation Conference [C2.3], [R2.2].

In August 2001, Tasmanian Industrial Commission ruled that the entitlement of employees to bereavement leave was extended to include same sex couples [R2.1].

L1.11 Relationships Act 2003 (No. 44 of 2003)
R1.10 News.com.au: Activist predicts gays queueing for recognition 30 AUG 03
GayLawNet® New Relationships Law in Tasmania 28 AUG 03
R1.9 Tasmanian Gay & Lesbian Rights Group Media Release: Tamanian Lower House Passes Historic Relationships Bill 27 JUN 03
R1.8 Application to Register a Deed of Relationship PDF 82kb Version 15 SEP 09
R1.7 TGLRG: Same-sex marriage recognition begins in Tasmania 01 APR 11
R1.6 The Advocate: Tasmania Recognizes Overseas Gay Marriage 30 SEP 10
R1.5 PinkNews.co.uk: Tasmanian LGBT activists welcome recognition of Interstate and overseas same-sex unions 31 AUG 10
R1.4 PinkNews.co.uk: Tasmania to give gay couples official ceremonies 30 SEP 09
R1.3 The Sunday Age: UK Opens Its Arms to Homosexual Migrants 08 JAN 06
R1.2 Declared Relationships Statutory Declaration - Tasmanian Version PDF 42kb
R1.1 The Mercury: Tassie Gays' Adoption Win 01 NOV 02
C2.3 Judgment: Martens v. Bocca [2016] FamCA 1044 HTML 07 DEC 16
R2.2 TheAustralian: Separate lives but gay ‘hubby’ looking good for share of the assets 10 JAN 17
R2.1 Tasmania Gay & Lesbian Rights Group: State Industrial Commission Decision Hailed 07 AUG 01
Discrimination Legislation/Cases/References
1.

State

Section 16 of the Anti-Discrimination Act 1998 (No. 46 of 1998) provides that a person must not discriminate against another person on the ground of the attributes of sexual orientation, lawful sexual activity, gender, relationship status or association with a person who has, or is believed to have, any of these and other attributes. [L1.11].

Section 51 provides that a person may discriminate against another person on the ground of religious belief or affiliation or religious activity in relation to employment if the participation of the person in the observance or practice of a particular religion is a genuine occupational qualification or requirement in relation to the employment [L1.11], [R1.10].


On 17 August 2017, the Legislative Council (upper house) voted 7-4 against changes to the anti-discrimination law that would have enabled church groups to convey their views on issues like same-sex marriage without the fear of being reported to the anti-discrimination commissioner [R1.9].

On 30 April 2015, the Tasmanian lower House of Assembly passed an amendment to the Anti-Discrimination Act that would allow religious schools in the state to refuse LGBTI students on grounds of their beliefs. The Anti-discrimination Amendment Bill 2015 (8 of 2015) will debated in the upper house Legislative Council as early as at the end of this month [L1.8], [R1.7].

In April 2004, Tasmania's third largest city, Glenorchy (pronounced "Glenorcky"), became the first Tasmanian municipality, and quite likely the first in Australia, to adopt a social plan that includes tackling prejudice against sexual and gender minorities [R1.6].


On 26 September 2013, the Legislative Council passed the Anti-Discrimination Amendment Bill 45 of 2012 extending protections to the grounds of gender identity and intersex. The amendments also extend existing protection from humiliating, intimidating, ridiculing, offending or insulting conduct to sexual orientation and lawful sexual conduct [R1.5].

On 14 November 2012, the Assembly passed the Anti-Discrimination Amendment Bill 2012 that better describes gender identity, including transgenderism, transexualism and intersex and includes these attirbutes to prevent offence, humiliation, intimidation, insults or ridicule. A provision to exempt religious schools or a schools system was not passed. The Bill has yet to pass the Legislative Council [R1.4].

In July 2010, Tasmania was reportedly to introduce a state Charter of Human Rights and Responsibilities that will help ensure all Tasmanians are treated fairly, equally and have the same opportunities in life [R1.3].

In December 2001, in an extraordinary reversal, the Tasmanian Legislative Council, which blocked gay law reform for many years, acted to uphold the employment rights of gay men and lesbians against the Catholic Church [R1.2].

The Tasmanian government had sought to amend the Anti-Discrimination Act to allow the Catholic Church wider discretion to discriminate against gay men and lesbians in employment in Church agencies.

In the Council, which is controlled by independents, the government was forced to drop hospitals and welfare agencies from its proposed exemption, leaving only schools.


In December 1998, the State Upper House passed the Government's Anti-discrimination Bill, including provisions preventing discrimination and incitement to hatred on the grounds of sexual orientation [R1.1].

2.

Courts & Tribunals

On 05 December 2016, Tasmanian Anti-Discrimination Commissioner was reported to have found Ben Jago of Hobart had an arguable case of discrimination against the Tasmanian Police and the Coroner's Office for failing to recognise him as his late male partner Nathan Leigh Lunson's next of kin despite their five year relationship [R2.2].

On 27 May 2009, a tribunal found that the complaint made by a gay man refused permission to donate blood was unsubstantiated [R2.1].

L1.11 Anti-Discrimination Act 1998 (No. 46 of 1998)
R1.10 Sydney Star Observer: Tasmania Passes Tough New Anti-Discrimination Law 16 DEC 99
R1.9 News.com: Bid to alter anti-discrimination law fails 17 AUG 17
L1.8 Bill: Anti-discrimination Amendment Bill 2015 No. 8 of 2015
R1.7 GayStarNews: Australia: Tasmania passes 'religious freedom' bill allowing schools to refuse gay students
R1.6 Tasmanian Gay & Lesbian Rights Group: Tasmanian City Commits to LGBT Anti-bias Goals 20 APR 04
R1.5 GNN/MCV: New anti-discrimination laws for Tasmania 27 SEP 13
R1.4 The Mercury: Bias law exemption fails 15 NOV 12
R1.3 Sydney Star Observer: Tasmania gets charter 05 JUL 10
R1.2 Bnews: Tasmanian Upper House Defends Rights 06 DEC 01
R1.1 Tasmanian Gay & Lesbian Rights Group: Powerful Sexuality Anti-Bias, Anti-Discrim Provisions Poised to Become Law 08 DEC 98
2. Courts & Tribunals
R2.1 TGLRG: Anti-bias Watchdog to hear Jago Case 05 DEC 16
R2.1 The Age: Gay complaint fails 28 MAY 09

GayLawNet®™ "Exclusive" Sponsorship of this page IS available
Estates, Inheritance, Succession, Wills Legislation/Cases/References
See also: [DISCRIMINATION] [PROPERTY]
1.

State

The Intestacy Act 2010 [L1.1] provides -

6. Spouse

A spouse of an intestate is a person -

(a) who was married to the intestate immediately before the intestate's death; or

(b) who was a party to a registered personal relationship, within the meaning of the Relationships Act 2003, with the intestate; or

(c) who, immediately before the intestate's death, was a party to a significant relationship, within the meaning of the Relationships Act 2003, with the intestate that -

(i) had been in existence for a continuous period of at least 2 years; or

(ii) had resulted in the birth of a child.

12. Spouse's entitlement where there are no issue

If an intestate leaves a spouse but no issue, the spouse is entitled to the whole of the intestate estate.

13. Spouse's entitlement where issue are also issue of the spouse

If an intestate leaves a spouse and issue and the issue are all also issue of the spouse, the spouse is entitled to the whole of the intestate estate.

14. Spouse's entitlement where at least one issue is not issue of the spouse

If an intestate leaves a spouse and any issue who are not issue of the spouse, the spouse is entitled to -

(a) the intestate's personal effects; and

(b) a statutory legacy; and

(c) one-half of the remainder (if any) of the intestate estate.

2.

Courts & Tribunals

On 07 December 2016, Justice R J C Benjamin in the Family Court of Australia at Hobart declared that a de facto relationship existed between Mr Martens and Mr Bocca (both pseudonyms) from November 2000 until 23 October 2013 and as such Martens is entitled to seek adjustment of property pursuant to the Act. Whilst the parties maintained separate homes throughout the relationship, Bocca referred to Martens as his 'partner', 'husband', and 'better half'. The parties conducted and shared many aspects of their lives together and spent most weekends together. The Court referred the proceedings for a Conciliation Conference [C2.3], [R2.2].

On 05 December 2016, Tasmanian Anti-Discrimination Commissioner was reported to have found Ben Jago of Hobart had an arguable case of discrimination against the Tasmanian Police and the Coroner's Office for failing to recognise him as his late male partner Nathan Leigh Lunson's next of kin despite their five year relationship [R2.1].

L1.1 Intestacy Act 2010
C2.3 Judgment: Martens v. Bocca [2016] FamCA 1044 HTML 07 DEC 16
R2.2 TheAustralian: Separate lives but gay ‘hubby’ looking good for share of the assets 10 JAN 17
R2.1 TGLRG: Anti-bias Watchdog to hear Jago Case 05 DEC 16
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
See also: [DISCRIMINATION]
1.

State

Section 16 of the Anti-Discrimination Act 1998 (No. 46 of 1998) provides that a person must not discriminate against another person on the ground of the attributes of sexual orientation, lawful sexual activity, or gender [L1.6].

There are certain exemptions in Section 27 of the Act permitting a person to discriminate against another person on the ground of gender –

(a) in a religious institution, if it is required by the doctrines of the religion of the institution; or

(b) in education, if it is for the purpose of enrolment in one-gender schools or hostels; or

(c) in employment, if it is for the purpose of the residential care of persons under the age of 18 years; or

(d) in employment, if it is based on a genuine occupational qualification or requirement in relation to a particular position; or

(e) in accommodation, if it is shared accommodation for less than 5 adult persons.


Tasmanian Law recognises the "new" gender after Gender Reassignment treatment [R1.5]


On 21 October 2012, in proposed amendments to the Tasmanian Anti-Discrimination Act 'transsexuality' will be grouped with the new term 'transgender' as 'gender identities' while 'intersex' will become an entirely new ground for discrimination [L1.4], [R1.3].

In November 2000, Tasmania lifted a 65-year-old ban on cross-dressing [R1.2] –

Section 8(1)d of the 1935 Tasmanian Police Offences Act criminalised men dressing as women between sunset and sunrise. The law likely targeted bushrangers who crossdressed to elude police, and thieves who dressed as prostitutes to rob whalers [R1.1].

2.

Courts & Tribunals

In July 2004, Justice Alan Blow of the Supreme Court of Tasmania in Hobart dismissed an appeal agreeing with the Anti-Discrimination Tribunal which ruled in June last year that transsexual Roslyn Houston be compensated after she was verbally abused, called a "sicko" and a "pervert" and poked in the chest by her neighbour.

The judgment was not only a victory for Ms Houston but it extended the scope of the accommodation section of anti-discrimination law to include neighbours as well as landlords [R2.2].


In June 2003, the Tasmanian Anti-discrimination Tribunal awarded damages of $4000 to a transgender woman who was harassed by her neighbours, finding that whilst the conventional interpretations of discrimination in accommodation as being about the landlord tenant relationship the definition included discrimination by neighbours [R2.1].

L1.6 Anti-Discrimination Act 1998 (No. 46 of 1998)
R1.5 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
L1.4 Bill 45: Anti-Discrimination Amendment Act 2012 PDF 344.73kb, 24 SEP 12
R1.3 GayStarNews: Tasmanian intersex discrimination plans hailed as 'world first' 21 OCT 12
R1.2 The Advocate: Tasmania Lifts Cross-Dressing Ban 16 NOV 00
R1.1 Sydney Xpress News: Tassie Repeals Cross-Dressing Law 22 MAR 01
R2.2 Hobart Mercury: Landmark Ruling in Discrimination Case 27 JUL 04
R2.1 Tasmanian Gay and Lesbian Rights Group Media Release: Tasmanian Transgender Anti-Bias Win Sets Stunning Legal Precedent 30 JUN 03
Hate Crimes Legislation/Cases/References
1.

State

Section 19 of the Tasmanian Anti-Discrimination Act 1998 makes it an offence to incite hatred towards, serious contempt for, or severe ridicule of, a person or a group of persons on several grounds including sexual orientation or lawful sexual activity [L1.1].

Sexual orientation is defined in Section 3 of the Act to include heterosexuality, homosexuality, bisexuality, or transsexuality.

L1.1 Anti-Discrimination Act 1998
HIV / Aids Legislation/Cases/References
1.

Courts & Tribunals

In October 2011, in what is believed to be the first instance of someone being charged and convicted for the offence in Tasmania, an HIV man was sentenced to five months' jail for putting another person at risk of contracting HIV and in breach a Public Health Order, which required him not to participate in any activity that might transmit the disease [R1.1].

R1.1 ABC News: Man jailed over HIV sex 26 OCT 11
Homosexuality, Sodomy Legislation/Cases/References
1.

State

On 21 September 2017, the upper house Legislative Council passed with amendments the ''Expungement of Historical Offences Bill 2017'' that will clear the records of people convicted of homosexual acts when it was outlawed in Tasmania. The amended Bill was returned to the House of Assembly [R1.7].

On 13 April 2017, the Expungement of Historical Offences 17 of 2017 Bill passed the 2nd reading in the House of Assembly. The Bill if passed into law will expunge historic criminal records for homosexual activity which was previously illegal [R1.6].

On 17 December 2015, Attorney-General Vanessa Goodwin announced that the Government would introduce legislation in 2016 to enable the expunging of historic criminal records for homosexual activities which were previously illegal under the Criminal Code for sexual intercourse against the order of nature [Section 122(a)] consensual sexual intercourse between males [Section 122(c)]; and indecent practices between males [Section 123]. Applications will be processed through the Secretary of the Department of Justice [R1.5].

On 02 May 2015, Anti-discrimination Commissioner Robin Banks released her final report on treatment of historic criminal records for consensual homosexual sexual activity and related conduct, recommending a dedicated scheme be established to allow records relating to homosexual activities or activities arising because of a person's sexual orientation or gender identity to be expunged [D1.4], [R1.3].


On 01 May 1997, the Upper House passed the bill repealing the criminal law prohibiting consensual sex between same-sex couples [R1.2].


On 13 January 2014, it was reported that all parties in the Tasmanian Legislature backed a proposal to expunge the criminal records of men convicted of adult consensual gay sex prior to the decriminalization of homosexuality in the state and an apology for the state's former anti-gay laws [R1.1].

R1.7 TheExaminer: Tasmanian Parliament agrees to wipe clean records of historic homosexual offences 20 SEP 17
R1.6 Parliament of Tasmania: Expungement of Historical Offences (Accessed 25 APR 17)
R1.5 Premier of Tasmania: Expunging historic homosexual convictions 17 DEC 15
D1.4 Report: "Treatment of convictions for consensual sexual activity between adult males" PDF 625.98kb, APR 15
R1.3 ABCnews:Tasmanian anti-discrimination commissioner wants criminal records for consensual gay sex erased 02 MAY 15
R1.2 GayLawNet®: Tasmania Repeals Law 01 MAY 97
The Age: Tasmanian Gay Law Reform One Step Closer 17 APR 97
GayLawNet®: Tasmanian Gay Sex Law Repeal 27 MAR 97
R1.1 GayStarNews: Second Australian state to wipe convictions from when gay sex was illegal 13 JAN 14
Marriage Legislation/Cases/References
1.

National

The Federal Marriage Act 1961 governs marriage in Australia.

See: FEDERAL - MARRIAGE

2.

State

On 29 October 2013, the Tasmanian upper house Legislative Council was reported to have defeated eight votes to six a motion to revisit the Same-Sex Marriage Bill 2012 [R2.14].

On 10 October 2013, the Tasmanian Law Reform Institute released a report canvassing the legal issues around allowing same-sex couples to marry in the state of Tasmania, suggesting the State has the power to make its own marriage laws and that there is no certainty a challenge to such a law by the Australian Government would be successful in the High Court [D2.13], [R2.12].

On 28 March 2013, Member of the Legislative Council Ruth Forrest tabled a motion to bring back the Same-Sex Marriage Bill to the Upper House of state parliament [R2.11].

On 27 September 2012, the 15-member state upper house Legislative Council voted 8–6 against the Same-Sex Marriage Bill 2012 (No 41 of 2012) [R2.10].

On 28 August 2012, the Same-Sex Marriage Bill 2012 (No 41 of 2012), co-sponsored by Labor Premier Lara Giddings and Greens leader Nick McKim, was introduced to the Assembly and was expected to be debated Thursday [L2.9], [R2.8].

On 23 August 2012, Premier Lara Giddings announced that a motion was been tabled in State Parliament seeking leave for a co-sponsored marriage equality bill to be tabled [R2.7].

On 05 August 2012, Premier Lara Giddings announced her government would legislate to allow same sex marriage if the Commonwealth failed to do so. Legislation could be passed before the end of the year [R2.6].

On 21 September 2011, the Tasmanian (Lower) House of Assembly passed (13–9) an historic motion backing same-sex marriage, putting pressure on the Federal Government to change the Marriage Act [R2.5].

On 30 September 2010, the upper house of the legislature passed the Relationships Amendment (Recognition of Registered Relationships) Act 2010 amending the Relationships Act 2003 allowing gay couples from other states and overseas to be automatically recognized as partners in a Tasmanian Deed of Relationship [R2.4].

On 31 August 2010, in a 22–3 vote, the Tasmanian Parliament approved laws recognising same-sex marriages and civil unions registered in other states or countries [R2.3].

In June 2008, the Green party in Tasmania announced it intended to to re-introduce same-sex marriage legislation originally tabled in 2005, despite opposition from both major political parties [R2.2].

On 12 April 2005, the Same-sex Marriage Bill 2005 and the accompanying Same-sex Marriage (Celebrant and Registration) Bill 2005 and Same-sex Marriage (Dissolution and Annulment) Bill 2005 were introduced to the Legislative Assembly by the Greens MHA Nicholas James McKim [R2.1].

See: FEDERAL - MARRIAGE
R2.14 GNN/MCV: Tasmania Upper House rejects motion to revisit Same-Sex Marriage 29 OCT 13
D2.13 Tasmania Law Reform Institute: The Legal Issues Relating to Same-Sex Marriage PDF 871.58kb, 10 OCT 13
R2.12 GayStarNews: 10 OCT 13
R2.11 GNN / MCV: Tassie same-sex marriage back in play 28 MAR 13
R2.10 The Age: Tasmanian gay marriage bill defeated 27 SEP 12
L2.9 Parliament of Tasmania: Same-sex Marriage Bill 2012 PDF 501.52kb, 28 AUG 12
R2.8 The Mercury: Gay unions move closer 28 AUG 12
R2.7 Lara Giddings: Marriage equality bill to be co-sponsored 23 AUG 12
R2.6 ABC News: Labor to back gay marriage laws in Tasmania 05 AUG 12
R2.5 The Mercury: Gay marriage vote passed 21 SEP 11
R2.4 The Advocate: Tasmania Recognizes Overseas Gay Marriage 30 SEP 10
R2.3 PinkNews.co.uk: Tasmanian LGBT activists welcome recognition of Interstate and overseas same-sex unions 31 AUG 10
ABC News: Tasmania moves to recognise same-sex unions 01 SEP 10
R2.2 PinkNews.co.uk: Greens Propose Same Sex Marriage in Tasmania 23 JUN 08
Same-sex Marriage Bill 2008 PDF 192.85kb
Same-sex Marriage (Celebrant and Registration) Bill 2008 PDF 300.82kb
Same-sex Marriage (Dissolution and Annulment) Bill 2008 PDF 174.29kb
R2.1 Same-sex Marriage Bill 2005 PDF 89.57kb
Same-sex Marriage (Celebrant and Registration) Bill 2005 PDF 178.88kb
Same-sex Marriage (Dissolution and Annulment) Bill 2005 PDF 71.97kb
Military Legislation/Cases/References
1.

National

The Federal Defence Act 1903 governs the Military in Australia

See: FEDERAL - MILITARY
Parenting, Adoption, Fostering Legislation/Cases/References
1.

State

On 27 June 2013, the Upper House Legislative Council passed 10-3 the Adoption Amendment Bill 6 of 2013 allowing LGBTI couples that have a registered relationship to now adopt children that are not known to them (Tasmania previously allowed the adoption of step children by same-sex parents) [L1.7], [R1.8].

On 09 April 2013, the House voted 18–4 in favour of the Adoption Amendment Bill 2013 [L1.7] giving same-sex couples and unmarried straight couples the right to adopt on the same basis as married heterosexual couples. The Bill now moves to the Upper House [R1.6].

On 03 March 2012, the Government was reported to have proposed amending the adoption law to allow same-sex couples to adopt local and overseas children [R1.5].

At present, the law only allows same-sex couples to adopt children who are "known" to them such as stepchildren or relatives. The amendment would allow same-sex couples to adopt "unknown" children who have been relinquished by their birth parents and are available for adoption to suitable parents [R1.5].

In November 2009, lesbian mothers who are not the biological parents of their children were granted legal recognition, which means that they will be listed as parents on a child's birth certificate, rather than having to go through costly adoption procedures [R1.4].

In August 2009, a Bill to recognise both mothers in lesbian families the state’s Lower House [R1.3].

In August 2003, the Relationships Act 2003 was passed by the Legislative Council allowing step-parent adoption, that is, the adoption by one registered partner of the biological child of their partner [R1.2].

State Government policy allows same-sex couples to foster children [R1.1].

R1.8 GNN/MCV: Tasmania legalises same-sex adoption 28 JUN 13
L1.7 Tasmanian Legislature: Adoption Amendment Bil 2013 PDF 76.7kb
R1.6 GayStarNews: Gay couples a step closer to full adoption rights in Australian state of Tasmania 09 APR 13
R1.5 The Mercury: Same-sex adoptions nod 03 MAR 12
R1.4 PinkNews.co.uk: Lesbian mothers in Tasmania get legal recognition 04 NOV 09
R1.3 MCV: Tassie mums recognised 25 AUG 09
R1.2 GayLawNet® New Relationships Law in Tasmania 28 AUG 03
The Mercury: Tassie Gays' Adoption Win 01 NOV 02
R1.1 Tasmanian Gay & Lesbian Rights Group Media Release: "Hidding Slated Over Gay Fostering" 27 JUN 03
Property Legislation/Cases/References
1.

State

Section 40 of the Relationships Act 2003 provides –

"(1) On an application by a partner for an order for the adjustment of interests in respect of the property of either or both the partners, a court may make any order it considers just and equitable having regard to

(a) the financial and non-financial contributions made directly or indirectly by or on behalf of either or both of the partners to the acquisition, conservation or improvement of any of the property; and

(b) the financial resources of either or both of the partners; and

(c) the contributions, including any contributions made in the capacity of homemaker or parent, made by a partner to the welfare of the other partner or to the welfare of the family constituted by the partners and one or more of (i) a child of the partners; or (ii) a child accepted by either or both the partners into the household of the partners, whether or not the child is a child of either of the partners; and

(d) the nature and duration of the relationship; and

(e) any relevant matter mentioned in section 47.

(2) A court may make an order in respect of property whether or not it has declared the title or rights of a partner in respect of the property [L1.1].

L1.1 Relationshps Act 2003
Violence: Domestic Violence, Bullying, Harassment, Intimidation, Vilification Legislation/Cases/References
See also: [DISCRIMINATION]
1.

State

Section 17 of the Anti-Discrimination Act 1998 (No. 46 of 1998) provides that a person must not engage in any conduct which offends, humiliates, intimidates, insults or ridicules another person on the basis of sexual orientation, lawful sexual activity, gender and other attributes, or sexually harass another person [L1.4].

Previously:

In 1999, the Tasmanian Education Department was the first government education agency in Australia to adopt a mandatory anti-discrimination and anti-harassment policy dealing with homophobic and transphobic prejudice [R1.3].

It has since been augmented by curriculum materials, language policy guidelines, a policy on transgender young people and regular professional development for teachers


On 26 September 2013, the Legislative Council passed the Anti-Discrimination Amendment Bill 45 of 2012 extending protections to the grounds of gender identity and intersex. The amendments also extend existing protection from humiliating, intimidating, ridiculing, offending or insulting conduct to sexual orientation and lawful sexual conduct [R1.2].

In January 2010, it was reported that a Chilean couple living in Hobart had received daily threats of violence from other residents, as well as having rocks and bricks thrown through their windows [R1.1].

In 2000, the Tasmanian Government committed itself to professional development for all state school teachers in sexuality issues by 2010 [R1.2].

2.

Courts & Tribunals

On 11 February 2015, Anti-Discrimination Tribunal Member S P Bishop ordered that Nick Bouvy pay Peter Power $25,000 as compensation for the loss and injury suffered by Power and caused by Bouvy's discrimination, prohibited conduct and sexual harassment [C2.3], [R2.2].

In December 2005, the Anti-Discrimination Tribunal awarded a woman $1,200 compensation for sexual harassment she received while working as a Metro bus driver [R2.1].

L1.4 Anti-Discrimination Act 1998 (No. 46 of 1998)
R1.3 TGLRG: "Canberra Urged to Follow Tas Lead on Gay Students" 22 JUL 02
R1.2 Tasmanian Gay & Lesbian Rights Group: Tasmanian City Commits to LGBT Anti-bias Goals 20 APR 04
R1.1 Southern Star: News of couple's mistreatment spreads 12 JAN 10
2. Courts & Tribunals
C2.3 Decision: Power v Bouvy [2015] TASADT 2 PDF 730.00kb 11 FEB 15
R2.2 HeraldSun: Landmark $25,000 penalty for torrent of anti-gay abuse 18 JUL 15
R2.1 ABC News Online: Lesbian Bus Driver Wins Harassment Payout 23 DEC 05

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