New South Wales Grants Domestic Partner Equality


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PlanetOut 
Gay & Lesbian Community News
Thursday May 27 11:50 PM ET 

NSW Grants Couples Equality

Property and inheritance rights for same-gender partners put the state of
New South Wales out in front of the rest of Australia.

The Upper House of the state legislature of New South Wales, Australia on
May 26 approved 36 - 3 a bill to give same-gender domestic partners the same
property and inheritance rights as common-law heterosexual couples. The
Lower House will vote on the measure in the coming week and is confidently
expected to pass it, since a meeting of opposition parties agreed May 25 not
to stand in its way. Enactment will make NSW the national leader in
recognition of gay and lesbian couples. Gay and lesbian activists, who have
been waiting impatiently since 1995 for Premier Bob Carr to make good on
this Labor Party campaign promise, are now planning a celebration outside
the Parliament to follow the Lower House vote.

Not unlike the lawsuit which led to Canada's landmark Supreme Court ruling
last week, the main thrust of the Property Relations bill is to give
same-gender couples of two years' standing access to the District Court to
provide for division of property and for spousal support payments when
couples break up. The bill also allows gays and lesbians to inherit from a
partner who does not leave a will. These privileges also extend to other
interdependent cohabitants, such as adult children caring for elderly
parents. The bill would also give gays and lesbians a family member's right
to visit a partner who is hospitalized.

NSW's attorney general said the bill would clarify the statutory rights of
same-gender couples and of caregiver relationships, and allow division of
property on dissolution to be handled in a rational manner. He said that
while the same property questions could already be taken to the Supreme
Court under common law, the outcomes were uncertain and the cases often
resulted in complex litigation absorbing plaintiffs' time and money.

Alan Kirkland, co-convenor of the NSW Gay and Lesbian Rights Lobby, said the
"historic" measure actually exceeded what the Labor Party had originally
promised, and added that its "bipartisan support sends a clear message of
tolerance to the community." The three Upper House votes against the bill
were from independents, including that model of intolerance for gays and
lesbians, minister Fred Nile.

Kirkland noted that the new law would put NSW well ahead of the other
Australian states. Queensland's government has just proposed a bill to
recognize same-gender couples under the state's industrial relations law,
but currently only Victoria and the Australian Capital Territory offer some
limited inheritance rights.
 
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