Re-introduction of civil unions

The ACT Labor Government will today introduce legislation to re-establish Civil Unions for same-sex couples and fully restore provisions for ceremonies in the ACT, Attorney General, Simon Corbell announced today.

The bill, which is closely modelled on a bill first introduced by the ACT Labor Government in 2006, will replace the existing Civil Partnerships Act 2008, fully restoring ceremonies and celebrants and strengthening the ceremonial aspect of a civil union.

Under the proposed legislation a civil union is created by making a declaration before a celebrant and takes effect from that time.

"I am proud to re-introduce this legislation, particularly following recent developments in amendments to the Australian Labor Party policy platform on the issue of marriage equality," Mr Corbell said.

"Currently in the ACT, a same-sex civil partnership is created by registration and has effect on a date determined by the Registrar-General.

"Same-sex couples should be afforded the same rights as heterosexual couples, and that is to have the ceremony make the relationship official and for that to take effect immediately."

The bill also makes provision for a same-sex couple to declare their relationship before a celebrant, as opposed to a notary. The Bill creates "civil union celebrants" who must be registered.

"A notary has no power under the law to make the relationship official, whereas a celebrant does have this power," Mr Corbell said.

"The reintroduction of this bill reflects this Government's commitment to the principle that all people are entitled to respect, dignity, the right to participate in society and the right to receive the full protection of the law, regardless of sexual orientation."

The Civil Unions Act was first passed in the Legislative Assembly in 2006, allowing two people of any gender to enter into a union with the same rights and obligations as married couples under Territory law. This Act was subsequently overturned by the Commonwealth using its power under Section 35 of the Australian Capital Territory (Self Government) Act.

"Following the historic decision by the Australian Labor Party at its recent National Conference to provide for marriage equality in its platform, the ACT Labor Government believes this is the right time to re-introduce this legislation and fully restore the key provisions of the Civil Unions Act that existed briefly in 2006," Mr Corbell said.

The new legislation makes provisions to ensure that same sex couples already in a civil partnership are able to enter into a civil union with each other without having to go through the formal procedures to terminate their civil partnership. The bill also maintains the legal status of existing civil partnerships.