Bills

Statutes Amendment (Registered Relationships) Bill

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (17:11): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

Last year, our Parliament made considerable headway in reforming the laws that discriminate against members of our community who identify as lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ). I am very proud of what our Parliament has achieved so far with and for our LGBTIQ communities, but there is still more to be done.

South Australia has a celebrated history as a state dedicated to achieving equality and fairness for all of its citizens. At the Opening of Parliament in February 2015, His Excellency the Governor announced that the Government would invite the South Australian Law Reform Institute (SALRI) to review legislative and regulatory discrimination against individuals and families on the grounds of sexual orientation, gender, gender identity or intersex status. SALRI then delivered a number of reports setting out recommendations for reform.

On 26 July 2016, this Parliament passed the Statutes Amendment (Gender Identity and Equity) Bill 2016 which removed binary notions of sex and gender and amended provisions of South Australia's legislation which previously failed to set out how the law would apply to a person who is intersex or gender diverse. The Bill also removed interpretive language in South Australia's legislation that had the potential to discriminate against people based on their relationship status.

This Parliament has also recently passed:

the Births, Deaths and Marriages Registration (Gender Identity) Amendment Bill 2016 which aims to remove discrimination experienced by LGBTIQ South Australians by providing for a simpler, more direct and less invasive process for people to change their registered sex or gender identity on the formal record; and

the Relationships Register (No 1) Bill 2016 which establishes a relationship register that will allow unmarried couples, whether in heterosexual or non-heterosexual relationships, to register their relationships, receive a certificate of registration and know that their relationship is respected and recognised here in South Australia.

The Statutes Amendment (Surrogacy Eligibility) Bill 2016 is also currently before the Parliament. The Bill, if passed, will grant same-sex couples the right to access assisted reproductive treatment and surrogacy.

This Bill is consequential to the Relationships Register (No 1) Bill 2016 which implements the recommendations set out in the SALRI Equal Recognition of Relationshipsreport as they relate to the establishment of a relationship register, amendment of access and eligibility provisions and the amendment of the Wills Act 1936.

On the commencement of the Relationship Register (No 1) Bill 2016, unmarried couples, both heterosexual and non-heterosexual, will be able to register their relationships. It is intended that once a relationship is registered, the same benefits as are currently afforded to married South Australians are extended to persons who are in registered relationships. The Relationship Register (No 1) Bill 2016 goes some way to achieving this. However, in order for the intentions of this bill to be fully realised, the South Australian statute book has been reviewed to locate all instances where a marriage or domestic partnership is referred to and, where appropriate, this Bill will amend those references to include a reference to a registered relationship.

Our Government has been working hard to bring about equality for all South Australians. It is my hope that, through finalising this reform to the recognition of relationships in South Australia, we come one step closer to bringing about equality for all South Australians.

I commend this Bill to the House.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Family Relationships Act 1975

4—Amendment of section 11—Interpretation

The proposed amendment amends the definition of close personal relationship to refer to sex or gender identity rather than 'gender' and inserts a definition of registered relationship in the appropriate place to mean a relationship that is registered under the Relationships Register Act 2016.

5—Substitution of section 11A

As a consequence of the Relationships Register Act 2016, the proposed amendment amends the definition of 'domestic partner' to include persons who are in a registered relationship with one another.

6—Amendment of section 11B—Declaration as to domestic partners (other than domestic partners in registered relationship)

This amendment allows for evidence that a person was, at a particular date, in a registered relationship with another person to be provided by producing a certificate issued under the Relationships Register Act 2016.

Part 3—Amendment of Administration and Probate Act 1919

Part 4—Amendment of Civil Liability Act 1936

Part 5—Amendment of Governors' Pensions Act 1976The amendments proposed to the preceding Acts are consequential on the Relationships Register Act 2016 and operate to amend the definition of 'domestic partner' to include persons who are in a registered relationship with one another, and to insert, in the appropriate place, a definition of registered relationship to mean a relationship that is registered under the Relationships Register Act 2016.

Part 6—Amendment of Housing Improvement Act 2016

10—Amendment of section 4—Interpretation

This amendment inserts a definition of domestic partner to the effect that it will have the same meaning as under the Family Relationships Act 1975, which as proposed by the amendments in Part 2 of this measure, includes persons who are in a registered relationship with one another under the Relationships Register Act 2016.

Part 7—Amendment of Inheritance (Family Provision) Act 1972

Part 8—Amendment of Judges' Pensions Act 1971The proposed amendments to the preceding Acts are consequential on the Relationships Register Act 2016 and operate to amend the definition of 'domestic partner' to include persons who are in a registered relationship with one another, and to insert, in the appropriate place, a definition of registered relationship to mean a relationship that is registered under the Relationships Register Act 2016.

Part 9—Amendment of Parliamentary Superannuation Act 1974

Part 10—Amendment of Police Superannuation Act 1990The proposed amendments to the preceding Acts are consequential on the Relationships Register Act 2016 and operate to amend the meaning of 'putative spouse' to include persons who are in a registered relationship with one another. The amendments also insert, in the appropriate place, a definition of registered relationship to mean a relationship that is registered under the Relationships Register Act 2016. The amendments also allow for evidence that a person was, at a particular date, in a registered relationship with another person to be provided by producing a certificate issued under the Relationships Register Act 2016.

Part 11—Amendment of Public Trustee Act 1995

Part 12—Amendment of Southern State Superannuation Act 2009

Part 13—Amendment of Superannuation Act 1988The proposed amendments to the preceding Acts are consequential on the Relationships Register Act 2016 and operate to amend the meaning of 'putative spouse' to include persons who are in a registered relationship with one another, and to insert, in the appropriate place, a definition of registered relationship to mean a relationship that is registered under the Relationships Register Act 2016. The amendments also allow for evidence that a person was, at a particular date, in a registered relationship with another person to be provided by producing a certificate issued under the Relationships Register Act 2016.

Part 14—Amendment of Supreme Court Act 1935

22—Amendment of section 13H—Pre-retirement leave

The proposed amendments are consequential on the Relationships Register Act 2016 and operate to amend the definition of 'domestic partner' to include persons who are in a registered relationship with one another, and to insert, in the appropriate place, a definition of registered relationship to mean a relationship that is registered under the Relationships Register Act 2016.

Debate adjourned on motion of Hon. T.J. Stephens.

At 17:12 the council adjourned until Thursday 2 March 2017 at 11:30.