Same sex relationships

A fair go for all Victorian couples

All Victorian couples, regardless of gender or marital status, have equal rights under the law.

The Statute Law Amendment (Relationships) Act 2001 (Vic) and the Statute Law Further Amendment (Relationships) Act 2001 (the Relationships Acts) changed more than 50 Victorian Acts of Parliament to ensure that all couples are treated equally.

Before the Relationships Acts, laws relating to property rights, compensation and superannuation gave special rights to people in heterosexual relationships.

The Relationships Acts replace the term 'de facto spouse' with the term 'domestic partner'. Domestic partner covers all couples, irrespective of gender. These changes ensure that same sex couples must be treated the same as other couples under the law.

What are your rights?

All domestic partners, regardless of gender or marital status, have equal rights and responsibilities relating to:

protection from discrimination
payment of stamp duties
involvement in medical treatment
guardianship applications
State Government superannuation schemes
State Government compensation schemes
compensation for crimes of domestic violence
tenancies, housing and property matters
rules about honesty or conflict of interest relating to various business licensing schemes
inheritance matters

All domestic partners (irrespective of gender) have the same right to property division on relationship breakdown. However only married couples have access to property division entitlements under the Family Law Act.

What the Relationships Acts do not cover

The Relationships Acts do not cover access by same sex couples to adoption and artificial insemination (and IVF).

The Relationships Acts also cannot affect Federal areas, such as marriage, income tax and most superannuation schemes.

Discrimination and the Relationships Acts

The Equal Opportunity Act 1995 (Vic) protects couples from unlawful discrimination and harassment based on their marital status as a couple irrespective of gender in the following areas:

accommodation
clubs
education
employment
goods and services
selling and transferring land
sport

How the Relationships Acts work in daily life

The Relationships Acts cover a broad range of areas including:

PAYMENT OF STAMP DUTY

Same sex couples no longer pay stamp duty to put their partners' names on a property title.

Janet and Louise have lived together for five years in a house that Janet bought before they met. Janet wants to put Louise's name on the title as joint owner.
Before the law changed: Janet would have had to pay stamp duty to add Louise's name to the title. On a $300,000 property this would cost $4,660. A heterosexual couple would pay nothing.
Now: Janet does not have to pay stamp duty to register Louise's name on the title of the property.

EMPLOYMENT

This includes job applicants, employees and contract workers. It covers recruitment, terms and conditions of employment, promotion and transfer opportunities, leave entitlements, redundancy, dismissal and exiting arrangements, including the provision of references.

Lisa and Sally have lived together as a couple for three years. Sally works as a corporate trainer with a nationwide firm and was recently offered a promotion, which would mean moving to Brisbane. Her employer offers relocation allowances to employees in Sally's position and also to their partners and families. When Sally contacted the human resources department to find out about her relocation entitlements, the consultant told her that the relocation allowance was only for married couples and families.
Before the law changed: Sally may not have been entitled to relocation allowances for Lisa if she accepted the promotion.
Now: Sally's entitlement to relocation allowances for Lisa are reinforced.

INHERITANCE

All domestic partners have the same inheritance rights as married couples.

Jason and Ben lived together for 10 years. They bought a house together and renovated it. Neither of them had a Will because they didn't want to 'tempt fate'. Tragically, Ben was killed in a car accident.
Before the law changed: Jason would not have been entitled to Ben's share of the house and other property if Ben died without leaving a Will.
Now: Jason is entitled to Ben's share of the house and his other possessions according to the law that applies when someone dies without leaving a Will. However, other family members who believe they have not been adequately provided for can still seek a share of the estate through the Supreme Court.

NEXT-OF-KIN AND STATE GOVERNMENT SUPERANNUATION SCHEMES

Craig and Wayne have been together for 15 years. Craig has no family in Australia apart from Wayne, and only a sister, Mary, in New Zealand. Craig and Mary have not spoken for years, not since Mary found out that Craig and Wayne were living together. Craig was diagnosed with cancer and now resides at a hospice. Craig is very distressed that some hospice staff do not accept that he and Wayne are a couple. He is particularly worried that staff may try to contact Mary instead of Wayne when cancer robs him of his ability to speak. Craig is also the main wage-earner in the relationship. Craig's other anxiety is that his State Government superannuation fund is very old-fashioned, and even though Wayne is his nominated beneficiary, the trustee could give it all to Mary.
Before the law changed: The hospice staff could ignore Craig's wishes and so could the superannuation fund trustee.
Now: Craig and Wayne are legally entitled to be treated as a family and Wayne is Craig's next of kin. The hospice and the superannuation trustee must respect Craig's wishes. (This reform affects only Victorian Government superannuation schemes. Federal laws govern other funds.)

ADVICE AND INFORMATION
The information and examples included in this brochure are offered as a guide to the law. To find out about your individual legal rights, contact the Equal Opportunity Commission.