The legal side of the Civil Union Bill

Changing the rules

More than 1000 changes will be made to 100 different acts to align the rights, responsibilities and obligations of married, civil union and de facto couples as a result of the Relationships (Statutory References) Bill.

Examples of existing "discrimination" that will be removed include:

* Superannuation and unemployment benefits:

Married and heterosexual de facto couples now get less super and lower benefits than same-sex couples living together who have individual entitlement.

* Property Protection

Courts can make payments to a husband or wife of a person subject to a property order, but not to de facto partners.

* Legal

Only the married partner of a deceased person may remove their name from electoral roll.

The married partner of a deceased person may be buried in the same plot when they die, but not a de facto partner.

Ministerial assistance may be provided for reuniting a removed, deported or repatriated person with a spouse under the Immigration Act, but not a de facto partner.

* Health

Step-parents, but not de facto partners, are treated as parents for the purposes of providing information about the immunisation of a child.


Legal matters


* Which legislation will the Relationships Bill leave alone?

Existing laws already under review or where there is legislation already before Parliament which relate to citizenship, guardianship, evidence, friendly societies and credit unions, insolvency and property. Key laws around children will change with the Care of Children Bill, and the Adoption Act is also under review.

* What are the chances of the legislation being passed?

The Civil Union Bill is touch and go. It passed the first reading by 66 votes to 50, with three abstentions. But some MPs who supported it have indicated while they wanted it to get to select committee inquiry, they may not finally vote for it.

The Relationships Bill has more support and passed its first reading 77-42.

The new union


* The Civil Union Bill provides for couples to register their union under the Births, Deaths and Marriages Act.

* It can be solemnised by a civil union celebrant or exempt body and a licence must be obtained, unless the union is solemnised by a Registrar.

* Two witnesses must be present and the parties must say "I (name) take you (name) to be my partner in our civil union", or words to that effect.

* The Registrar-General will appoint all celebrants. Dissolution rules and rules over who can't form a union (close relatives, etc) will be the same as marriage.

* Persons under 16 can't form a civil union and those under 18 (minors) require guardian or Family Court approval.

* The Relationships Bill changes the Marriage Act to align marriage and civil union age barriers. Under that act minors requiring consent are defined as under 20s.