Domestic partnership in Tasmania
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Tasmania's Relationships Act 2003 provided for registration and recognition of a type of registered partnership in two distinct categories: Significant Relationships and Caring Relationships. The same Act also amended 73 pieces of legislation to provide nearly equal rights to married couples within the state. These relationships do not confer all the rights and benefits of marriage under Commonwealth law as defined in the Marriage Act 1961. The legislation came into effect on 1 January 2004.
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[edit] Significant relationships
Both same-sex and mixed-sex couples can register a Significant Relationship if both are unrelated, unmarried adults living in Tasmania.
[edit] Caring relationships
Likewise, two adults residing in Tasmania, related or not, can register a Caring Relationship if one provides the other with domestic support and personal care. The parties cannot be married to each other, cannot be in an existing significant or caring relationship, and neither can be receiving payment for the care of the other either from employment or government departments.
[edit] Rights and benefits
Both types of relationships provide some rights in the following areas:[1]
- Superannuation (pension/retirement benefits)
- Taxation
- Insurance
- Health Care
- Hospital Visitation
- Wills
- Property Division
- Employment Conditions (such as parenting and bereavement leave)
[edit] Adoption and parenting
Same-sex couples cannot be assessed to be adoptive parents of children relinquished by other people. However, they may adopt their partner's child or children they already care for.[2]
Same-sex partners of women who give birth to children conceived through sperm donation, IVF or other artificial reproductive technology will not be presumed to be the child's other parent. It is possible, however, for a birth-mother's same-sex partner to adopt any children she has through fertility treatment.[3]
[edit] Recognition from other jurisdictions of Australia
Partnerships that are registered in Tasmania are not automatically recognised in most parts of Australia when travelling or moving interstate. Since being elected in 2007, Prime Minister Kevin Rudd has been encouraging all states to create relationship registers identical to Tasmania's model in order to create nationwide uniformity and consistent rights, while at the same time not supporting anything that appears too similar to marriage. The following jurisdictions currently recognise Tasmanian registered partnerships:
- City of Sydney (registered partnership since 2005)
- City of Melbourne (registered partnership since 2007)
- Australian Capital Territory (civil partnership since 2008)
The following jurisdictions will soon recognise Tasmanian registered relationships:
- Victoria (Australia) (registered partnership commences December 2008)
The Australian Commonwealth does not officially recognise any registered same-sex relationships, including the Tasmanian model. The Marriage Act 1961 was amended in 2004 to explicity not recognise same-sex marriages or similar unions.
[edit] Foreign recognition
Most countries or jurisdictions which have enacted their own form of civil unions or domestic partnerships will automatically recognise couples registered in Tasmania as having the same rights as married couples when they enter their country.
- New Zealand recognises Tasmania's model as equivalent to their civil unions.
- British law recognizes Tasmania's Significant Relationships as equivalent to its civil partnerships in the United Kingdom.
- The Commonwealth countries of Canada and South Africa have both legalised same-sex marriage and recognise Tasmania's relationships.
- Several European countries recognise Tasmania's model: Denmark, Andorra, Iceland, Greenland, Hungary (in 2009), Germany, France, Portugal, Austria, Canada, Croatia, Czech Republic, Finland, Ireland, Israel, Liechtenstein, Luxembourg, Netherlands, Norway, Slovenia, Spain, Sweden and Switzerland.[citation needed]
- In the United States, New Hampshire recognises Tasmania's model as equivalent to their civil unions. Maine, Washington DC, Oregon, Washington, Hawaii and California have domestic relationship legislation which also recognise Tasmanian registrations. However, other states with domestic partnership laws, including New Jersey, Connecticut and Vermont do not recognise Tasmania's registered relationships.[citation needed]
- A few Latin American countries with similar laws recognise relationships from Tasmania, including Uruguay, Argentina (some parts), Belgium, Brazil (some parts), and some parts of Mexico.[citation needed]
[edit] Registration
Applications for Significant or Caring Relationships can be registered in person or by mail by filing an application for a Deed of Relationship with the Tasmanian Registry of Births, Deaths and Marriages in Hobart. As of July 2007, the registration fee was AUS$137.50.[4]
[edit] References
- ^ "Relationships Act: The Tasmanian Approach"</. Partners Task Force for Gay and Lesbian Couples (2006-04-03). Retrieved on 2007-07-25.
- ^ http://www.relationshipstasmania.org.au/parentingrights.html Relationships Tasmania
- ^ http://www.relationshipstasmania.org.au/parentingrights.html Relationships Tasmania
- ^ Births, Deaths, and Marriages: Relationships. Tasmanian Registry of Births, Deaths and Marriages, Department of Justice. Retrieved on 2007-07-28.
[edit] See also
[edit] External links
- Tasmanian Registry of Births, Deaths, and Marriages
- Foreign recognition of registered Tasmanian relationships
- Text of the Tasmanian Relationships Act 2003
- Partners Task Force for Gay and Lesbian Couples: "Relationships Act: The Tasmanian Approach"
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