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Western Australia
Acts Amendment (Lesbian and Gay Law
Reform) Bill 2001
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Administration Act 1903
3. Administration Act 1903 amended 3
4. Section 12A amended 3
Part 3 -- Adoption Act 1994
5. Adoption Act 1994 amended 5
6. Section 4 amended 5
7. Section 17 amended 5
8. Section 18 amended 6
9. Section 21 amended 6
10 . Section 26C amended 6
11 . Section 27 amended 6
12 . Section 39 amended 7
13 . Section 40 amended 7
14 . Section 52 amended 7
15 . Section 66 amended 8
16 . Section 67 amended 8
17 . Section 68 amended 8
18 . Section 75 amended 8
19 . Section 81 amended 9
20 . Section 83 amended 9
21 . Section 95 amended 9
22 . Section 120 amended 9
page i
73--3
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Contents
Part 4 -- Artificial Conception Act 1985
23 . Artificial Conception Act 1985 amended 10
24 . Section 3 amended 10
25 . Section 5 amended 10
26 . Section 6A inserted 11
27 . Section 7 amended 11
28 . References to "fertilization procedure" amended 12
Part 5 -- Births, Deaths and Marriages
Registration Act 1998
29 . Births, Deaths and Marriages Registration Act 1998
amended 13
30 . Section 18 amended 13
31 . Section 19 amended 13
Part 6 -- Cremation Act 1929
32 . Cremation Act 1929 amended 14
33 . Section 13 amended 14
Part 7 -- The Criminal Code
34 . The Criminal Code amended 15
35 . Section 184 repealed and consequential amendment to
the Evidence Act 1906 15
36 . Section 186 amended 15
37 . Section 204A amended 16
38 . Section 321 amended 16
39 . Section 321A amended 17
40 . Section 322 amended 17
41 . Section 322A repealed and consequential amendments
to The Criminal Code and the Evidence Act 1906 17
42 . Section 329 amended 18
43 . Section 343 amended 18
44 . Section 716 amended 18
Part 8 -- Equal Opportunity Act 1984
45 . Equal Opportunity Act 1984 amended 19
46 . Long title amended 19
47 . Section 3 amended 19
48 . Section 4 amended 19
page ii
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Contents
49 . Section 5 amended 20
50 . Section 29 replaced 21
51 . Section 34 amended and transitional provision 21
52 . Part IIB inserted 21
53 . Section 67 amended 34
54 . Section 80 amended 34
55 . Section 135 amended 34
56 . Section 137 amended 34
57 . Section 140 amended 35
58 . Section 146 amended 35
59 . Consequential amendment to the Perth International
Centre for Application of Solar Energy Act 1994 35
Part 9 -- Family Court Act 1997
60 . Family Court Act 1997 amended 36
61 . Section 7 amended 36
62 . Section 133 amended 36
63 . Heading to Part 5 Division 8 Subdivision 2 amended 36
64 . Section 135 amended 37
65 . Section 136 amended 37
66 . Section 141 amended 37
Part 10 -- Guardianship and
Administration Act 1990
67 . Guardianship and Administration Act 1990 amended 39
68 . Section 3 amended 39
69 . Section 119 amended 39
70 . Schedule 2 amended 40
Part 11 -- Human Reproductive
Technology Act 1991
71 . Human Reproductive Technology Act 1991 amended 41
72 . Preamble amended 41
73 . Section 21 amended 41
74 . Section 23 amended 42
75 . Section 24 amended 42
76 . Section 26 amended 43
page iii
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Contents
Part 12 -- Human Tissue and
Transplant Act 1982
77 . Human Tissue and Transplant Act 1982 amended 44
78 . Section 3 amended 44
Part 13 -- Inheritance (Family and
Dependants Provision) Act 1972
79 . Inheritance (Family and Dependants Provision)
Act 1972 amended 46
80 . Section 4 amended 46
81 . Section 7 amended 47
82 . Applications regarding the estates of persons who
died before the commencement of this Part 47
Part 14 -- Interpretation Act 1984
83 . Interpretation Act 1984 amended 48
84 . Section 5 amended 48
85 . Section 13A inserted 48
Part 15 -- Law Reform
(Decriminalization of Sodomy)
Act 1989
86 . Law Reform (Decriminalization of Sodomy) Act 1989
repealed 50
Part 16 -- Members of Parliament
(Financial Interests) Act 1992
87 . Members of Parliament (Financial Interests) Act 1992
amended 51
88 . Section 3 amended 51
Part 17 -- Parliamentary
Superannuation Act 1970
89 . Parliamentary Superannuation Act 1970 amended 53
90 . Section 5 amended 53
91 . References to "widow" and "widows" replaced in
certain provisions 54
92 . Section 18 amended 54
page iv
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Contents
93 . Section 18A amended 54
94 . Section 19 amended 55
95 . Section 19A repealed 55
96 . Section 23A amended 55
Part 18 -- Public Trustee Act 1941
97 . Public Trustee Act 1941 amended 56
98 . Section 10 amended 56
99 . Section 18 amended 56
100 . Section 49 amended 56
Part 19 -- State Superannuation
Act 2000
101 . State Superannuation Act 2000 amended 57
102 . Section 28 amended 57
page v
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Acts Amendment (Lesbian and Gay Law
Reform) Bill 2001
A Bill for
An Act --
• to amend The Criminal Code and repeal the Law Reform
(Decriminalization of Sodomy) Act 1989; and
• to amend --
• the Administration Act 1903;
• the Adoption Act 1994;
• the Artificial Conception Act 1985;
• the Equal Opportunity Act 1984;
• the Human Reproductive Technology Act 1991;
• the Interpretation Act 1984;
• the Parliamentary Superannuation Act 1970;
• the State Superannuation Act 2000; and
• various other Acts,
in order to provide for the reform of the law relating to same sex
relationships, access to artificial fertilisation procedures and for
related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Acts Amendment (Lesbian and Gay
Law Reform) Act 2001.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
page 2
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Administration Act 1903 Part 2
s. 3
Part 2 -- Administration Act 1903
3. Administration Act 1903 amended
The amendments in this Part are to the Administration Act 1903*.
[* Reprinted as at 1 July 1999.]
5 4. Section 12A amended
(1) Section 12A(1) is amended by deleting "father and mother" in
both places where it occurs and inserting instead --
" parents ".
(2) Section 12A(2)(b) is amended as follows:
10 (a) by deleting "father and mother" and inserting instead --
" parents ";
(b) by deleting "father" and inserting instead --
" parent ";
(c) in subparagraph (i) --
15 (i) by deleting "paternity" and inserting instead --
" parentage ";
(ii) by deleting "father" and inserting instead --
" parent ";
(d) in subparagraph (ii) by deleting "father, if paternity" and
20 inserting instead --
" parent, if parentage ".
(3) Section 12A is amended by inserting after subsection (3) the
following subsection --
"
25 (4) The estates of all persons who have died intestate as to
the whole or any part thereof before the coming into
operation of Part 2 of the Acts Amendment (Lesbian
and Gay Law Reform) Act 2001 shall be distributed in
page 3
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 2 Administration Act 1903
s. 4
accordance with the enactments and rules of law which
would have applied to them if that Act had not been
passed.
".
page 4
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Adoption Act 1994 Part 3
s. 5
Part 3 -- Adoption Act 1994
5. Adoption Act 1994 amended
The amendments in this Part are to the Adoption Act 1994*.
[* Reprinted as at 2 January 2001.]
5 6. Section 4 amended
(1) Section 4(1) is amended as follows:
(a) by deleting the definition of "birth parents" and inserting
instead --
"
10 "birth parent" means, in relation to a child or
adoptee --
(a) the mother of the child or adoptee; and
(b) the father or parent of the child or adoptee
under section 6A of the Artificial Conception
15 Act 1985;
";
(b) in the definition of "step-parent" in paragraph (b) by
inserting after "married to" --
" , or the de facto partner of, ".
20 (2) Section 4(2) is amended as follows:
(a) in paragraph (a) by deleting "actually";
(b) after paragraph (a) by inserting "or";
(c) by deleting paragraph (b) and "or" after that paragraph.
7. Section 17 amended
25 (1) Section 17(1)(a)(ii) is amended by inserting after "father" --
"
or parent under section 6A of the
Artificial Conception Act 1985
".
page 5
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 3 Adoption Act 1994
s. 8
(2) Section 17(2) is amended by inserting after "married" --
" , or in a de facto relationship with, ".
8. Section 18 amended
Section 18(8) is amended by deleting "actually".
5 9. Section 21 amended
After section 21(2b) the following subsection is inserted --
"
(2c) A person who has been named as or has claimed to be
a child's parent under section 6A of the Artificial
10 Conception Act 1985 is to be notified by the relevant
person in accordance with subsection (1) and for that
purpose, subsections (2), (2a) and (2b) apply to and in
respect of that notification as if a reference in those
subsections to "man" was a reference to "person".
15 ".
10. Section 26C amended
Section 26C(1) is amended as follows:
(a) by inserting after paragraph (a) the following
paragraph --
20 "
(aa) by any person who might be a parent of the
child under the Artificial Conception Act 1985;
";
(b) in paragraph (b) by deleting "man" and inserting
25 instead --
" person ".
11. Section 27 amended
Section 27(2) is amended by inserting after "married to" --
" , or in a de facto relationship with, ".
page 6
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Adoption Act 1994 Part 3
s. 12
12. Section 39 amended
(1) Section 39(1)(d) is amended by inserting after "married to" --
" , or in a de facto relationship with, ".
(2) Section 39(3) is repealed and the following subsection is
5 inserted instead --
"
(3) For the purposes of subsection (1)(d) if the joint
applicants are married and before the marriage were
living as de facto partners, the period of living as
10 de facto partners may be included when calculating the
period mentioned in subsection (1)(d).
".
13. Section 40 amended
(1) Section 40(2)(d) is amended by inserting after "marriage" --
15 " or de facto relationship ".
(2) Section 40(2) is amended by inserting after paragraph (d) the
following paragraph --
"
(da) shows a desire and ability to provide a suitable
20 family environment for the child;
".
14. Section 52 amended
Section 52(1)(a)(iv) is amended by deleting ", can show that the
marriage" and inserting instead --
25 "
or in a de facto relationship, can show
that the marriage or de facto
".
page 7
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 3 Adoption Act 1994
s. 15
15. Section 66 amended
Section 66(1)(b) is amended by inserting after "married" --
" or in a de facto relationship, for at least 3 years ".
16. Section 67 amended
5 Section 67(2) is amended by deleting "each other" and inserting
instead --
"
, or in a de facto relationship with, each other and have
been so for at least 3 years
10 ".
17. Section 68 amended
Section 68(2) is amended as follows:
(a) in paragraph (a) --
(i) in subparagraph (i) by inserting after
15 "marriage" --
" , or de facto relationship, ";
(ii) in subparagraph (ii) by inserting after
"marriage" --
" , or de facto relationship, ";
20 (b) in paragraph (c) by inserting after "marriage" --
" , or de facto relationship, ".
18. Section 75 amended
(1) Section 75(2) is amended by inserting after "married to" --
" , or in a de facto relationship with, ".
25 (2) Section 75(3) is amended by inserting after "married to" --
" , or in a de facto relationship with, ".
page 8
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Adoption Act 1994 Part 3
s. 19
19. Section 81 amended
Section 81(1) is amended by deleting "actually".
20. Section 83 amended
Section 83(2) is amended by inserting after "married" --
5 " , or in a de facto relationship with, ".
21. Section 95 amended
Section 95 is amended as follows:
(a) by inserting after "married" in the first place where it
occurs --
10 " or in a de facto relationship with ";
(b) by deleting "actually".
22. Section 120 amended
Section 120(1) is amended as follows:
(a) in the definition of "relative" by inserting after
15 "married" in the first place where it occurs --
" or in a de facto relationship with ";
(b) by deleting "actually".
page 9
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 4 Artificial Conception Act 1985
s. 23
Part 4 -- Artificial Conception Act 1985
23. Artificial Conception Act 1985 amended
The amendments in this Part are to the Artificial Conception
Act 1985*.
5 [* Act No. 14 of 1985.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 27-8.]
24. Section 3 amended
(1) Section 3(1) is amended by deleting "wife on a genuine
10 domestic basis although not married to him" and inserting
instead --
" de facto partner ".
(2) Section 3(2) is amended by deleting paragraph (a) and "and"
after it and inserting instead --
15 "
(a) is, in a case where the person is in a de facto
relationship with a person of the opposite sex, a
reference to the person's de facto partner; and
".
20 (3) Section 3(3) is repealed and the following subsection is inserted
instead --
"
(3) In this Act --
"artificial fertilisation procedure" has the meaning
25 given by the Human Reproductive Technology
Act 1991.
".
25. Section 5 amended
(1) Section 5(1) is amended as follows:
30 (a) by deleting "married" in the first place where it occurs;
page 10
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Artificial Conception Act 1985 Part 4
s. 26
(b) by deleting ", with the consent of her husband,";
(c) by deleting "married woman" in the second place where
it occurs and inserting instead --
" pregnant woman ".
5 (2) Section 5(2) is repealed.
26. Section 6A inserted
After section 6 the following section is inserted --
"
6A. Rule relating to parentage -- same sex de facto
10 relationships
(1) Where a woman who is in a de facto relationship with
another woman undergoes, with the consent of her
de facto partner, an artificial fertilisation procedure in
consequence of which she becomes pregnant, then for
15 the purposes of the law of the State, the de facto
partner of the pregnant woman --
(a) shall be conclusively presumed to be a parent
of the unborn child; and
(b) is a parent of any child born as a result of the
20 pregnancy.
(2) In every case in which it is necessary to determine for
the purposes of this section whether a de facto partner
consented to her de facto partner undergoing an
artificial fertilisation procedure, that consent shall be
25 presumed, but the presumption is rebuttable.
".
27. Section 7 amended
(1) Section 7(1) is amended by deleting ", in a case to which section
5 applies,".
30 (2) Section 7(2) is amended by deleting "in a case to which section
6 applies,".
page 11
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 4 Artificial Conception Act 1985
s. 28
28. References to "fertilization procedure" amended
The provisions referred to in the Table to this section are
amended by deleting "a fertilization procedure" in each place
where it occurs and inserting instead --
5 " an artificial fertilisation procedure ".
Table
s. 4(1)(a) s. 6(2)
s. 5(1) s. 7(1)(a)
s. 6(1) s. 7(2)(a)
page 12
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Births, Deaths and Marriages Registration Act 1998 Part 5
s. 29
Part 5 -- Births, Deaths and Marriages Registration
Act 1998
29. Births, Deaths and Marriages Registration Act 1998 amended
The amendments in this Part are to the Births, Deaths and
5 Marriages Registration Act 1998*.
[* Act No. 39 of 1998.]
30. Section 18 amended
Section 18(1)(a) is amended by deleting "the father and the
mother" and inserting instead --
10 " both parents ".
31. Section 19 amended
(1) Section 19(3)(a) is amended by deleting "the child's father and
mother" and inserting instead --
" both parents of the child ".
15 (2) Section 19(3)(b) is amended by deleting "the child's father and
mother" and inserting instead --
" both parents of the child ".
page 13
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 6 Cremation Act 1929
s. 32
Part 6 -- Cremation Act 1929
32. Cremation Act 1929 amended
The amendments in this Part are to the Cremation Act 1929*.
[* Reprinted as at 16 February 2001.]
5 33. Section 13 amended
Section 13(1) is amended by deleting "the husband, widow" and
inserting instead --
"
a person who was married to, or in a de facto
10 relationship with, the deceased immediately before the
death of the deceased
".
page 14
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
The Criminal Code Part 7
s. 34
Part 7 -- The Criminal Code
34. The Criminal Code amended
The amendments in this Part are to The Criminal Code*, unless
otherwise indicated.
5 [* Reprinted as at 9 February 2001.]
35. Section 184 repealed and consequential amendment to the
Evidence Act 1906
(1) Section 184 is repealed.
(2) Schedule 7 Part B to the Evidence Act 1906* is amended by
10 deleting "184 Indecent practices between males in public".
[* Reprinted as at 4 January 2001.]
36. Section 186 amended
(1) Section 186(1) is amended by deleting "person of " and
inserting instead --
15 " child of ".
(2) Section 186(1) is amended by deleting "man" where appearing
and inserting instead --
" person ".
(3) Section 186(1)(a) is deleted and the following paragraph is
20 inserted instead --
"
(a) if the child is under the age of 16 years, is liable
to imprisonment for 2 years;
".
25 (4) Section 186(1)(b) is amended by deleting "person" and inserting
instead --
" child ".
page 15
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 7 The Criminal Code
s. 37
(5) Section 186(2) is repealed and the following subsection is
inserted instead --
"
(2) It is a defence to a charge under subsection (1)
5 to prove the accused person believed on
reasonable grounds that the child was of or
above the age of 16 years.
".
37. Section 204A amended
10 Section 204A(4) is repealed and the following subsection is
inserted instead --
"
(4) It is a defence to a charge under subsection (2) to prove
the accused person --
15 (a) believed on reasonable grounds that the child
was of or over the age of 16 years; and
(b) was not more than 3 years older than the child.
".
38. Section 321 amended
20 Section 321(9) is repealed and the following subsections are
inserted instead --
"
(9) Subject to subsection (9a) is a defence to a charge
under this section to prove the accused person --
25 (a) believed on reasonable grounds that the child
was of or over the age of 16 years; and
(b) was not more than 3 years older than the child.
page 16
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
The Criminal Code Part 7
s. 39
(9a) Where the child is under the care, supervision, or
authority of the accused person it is immaterial that the
accused person --
(a) believed on reasonable grounds that the child
5 was of or over the age of 16 years; and
(b) was not more than 3 years older than the child.
".
39. Section 321A amended
Section 321A(7) is repealed and the following subsection is
10 inserted instead --
"
(7) It is a defence to a charge under subsection (3) to prove
the accused person --
(a) believed on reasonable grounds that the child
15 was of or over the age of 16 years; and
(b) was not more than 3 years older than the child.
".
40. Section 322 amended
Section 322(7) is amended by deleting "a" and inserting
20 instead --
" no ".
41. Section 322A repealed and consequential amendments to
The Criminal Code and the Evidence Act 1906
(1) Section 322A is repealed.
25 (2) Section 596 is amended as follows:
(a) in column 2 of the Table by deleting "322A(2)" in each
place where it occurs (14 times);
(b) in column 2 of the Table by deleting "322A(3)" in each
place where it occurs (20 times).
page 17
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 7 The Criminal Code
s. 42
(3) The Second Schedule Part 1 to the Evidence Act 1906* is
amended by deleting "s. 322A Juvenile male: Sexual
offences against".
[* Reprinted as at 4 January 2001.]
5 42. Section 329 amended
Section 329(1) is amended in the definition of "de facto child"
by deleting "person (whether or not of the same sex as the
offender) who lives with the offender as if they are married" and
inserting instead --
10 " de facto partner of the offender ".
43. Section 343 amended
Section 343 is amended by inserting after "father" --
"
or parent under section 6A of the Artificial Conception
15 Act 1985
".
44. Section 716 amended
Section 716(b) is amended by deleting "her father or mother"
and inserting instead --
20 " one of her parents ".
page 18
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Equal Opportunity Act 1984 Part 8
s. 45
Part 8 -- Equal Opportunity Act 1984
45. Equal Opportunity Act 1984 amended
The amendments in this Part are to the Equal Opportunity
Act 1984*, unless otherwise indicated.
5 [* Reprinted as at 21 July 2000.
For subsequent amendments see Act No. 12 of 2001.]
46. Long title amended
The long title is amended by inserting after "pregnancy," --
" sexual orientation, ".
10 47. Section 3 amended
Section 3 is amended as follows:
(a) in paragraph (a) by inserting after "family responsibility
or family status," --
" sexual orientation, ";
15 (b) in paragraph (d) by inserting after "regardless of their" --
" sexual orientation, ".
48. Section 4 amended
(1) Section 4(1) is amended by deleting the definition of
"de facto spouse".
20 (2) Section 4(1) is amended in paragraph (f) of the definition of
"marital status" by deleting "de facto spouse" and inserting
instead --
" de facto partner ".
(3) Section 4(1) is amended in paragraph (b) of the definition of
25 "near relative" by deleting "de facto spouse" and inserting
instead --
" de facto partner ".
page 19
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 8 Equal Opportunity Act 1984
s. 49
(4) Section 4(1) is amended in paragraph (a) of the definition of
"services" by inserting after "insurance" --
" , superannuation ".
(5) Section 4(1) is amended in paragraph (e) of the definition of
5 "services" by inserting after "government" in the first place
where it occurs --
"
(other than the assessment of an application for
suitability for adoptive parenthood, or the placement of
10 a child for adoption or with a view to the child's
adoption, under the Adoption Act 1994)
".
(6) Section 4(1) is amended by inserting, in the appropriate
alphabetical position, the following definition --
15 "
"sexual orientation", in relation to a person, means
heterosexuality, homosexuality, lesbianism or
bisexuality and includes heterosexuality,
homosexuality, lesbianism or bisexuality imputed
20 to the person;
".
49. Section 5 amended
Section 5 is amended by inserting after "IIA," --
" IIB, ".
page 20
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Equal Opportunity Act 1984 Part 8
s. 50
50. Section 29 replaced
Section 29 is repealed and the following section is inserted
instead --
"
5 29. Employment of married couple or partners in a
de facto relationship
Nothing in Division 2 or 3 renders unlawful
discrimination against a person on the ground of the
person's marital status in relation to a job which is one
10 of 2 to be held by a married couple or partners in a
de facto relationship.
".
51. Section 34 amended and transitional provision
(1) Section 34(1), (2), and (3) are repealed.
15 (2) Section 34(4) is amended by inserting after "person's sex" --
" or marital status ".
(3) Despite the repeal of section 34(1) by this section, that
subsection continues to have effect for 12 months from the date
of that repeal.
20 52. Part IIB inserted
After Part IIA the following Part is inserted --
"
Part IIB -- Discrimination on ground of
sexual orientation
25 Division 1 -- General
35O. Discrimination on the ground of sexual orientation
(1) For the purposes of this Act, a person (in this
subsection referred to as the "discriminator")
page 21
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 8 Equal Opportunity Act 1984
s. 52
discriminates against another person (in this subsection
referred to as the "aggrieved person") on the ground
of the sexual orientation of the aggrieved person if, on
the ground of --
5 (a) the sexual orientation of the aggrieved person;
(b) a characteristic that appertains generally to
persons of the sexual orientation of the
aggrieved person; or
(c) a characteristic that is generally imputed to
10 persons of the sexual orientation of the
aggrieved person,
the discriminator treats the aggrieved person less
favourably than, in circumstances that are the same or
are not materially different, the discriminator treats or
15 would treat a person who is not of that sexual
orientation.
(2) For the purposes of this Act, a person (in this
subsection referred to as the "discriminator")
discriminates against another person (in this subsection
20 referred to as the "aggrieved person") on the ground
of sexual orientation if, on the ground of --
(a) the sexual orientation of;
(b) a characteristic that appertains generally to
persons of the same sexual orientation as; or
25 (c) a characteristic that is generally imputed to
persons of the same sexual orientation as,
any relative or associate of the aggrieved person, the
discriminator treats the aggrieved person less
favourably than in the same circumstances, or in
30 circumstances that are not materially different, the
discriminator treats or would treat a person who is not
of that sexual orientation.
page 22
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Equal Opportunity Act 1984 Part 8
s. 52
(3) For the purposes of this Act, a person (in this
subsection referred to as the "discriminator")
discriminates against another person (in this subsection
referred to as the "aggrieved person") on the ground
5 of the sexual orientation of the aggrieved person if the
discriminator requires the aggrieved person to comply
with a requirement or condition --
(a) with which a substantially higher proportion of
persons who are not of the sexual orientation of
10 the aggrieved person comply or are able to
comply;
(b) which is not reasonable having regard to the
circumstances of the case; and
(c) with which the aggrieved person does not or is
15 not able to comply.
Division 2 -- Discrimination in work
35P. Discrimination against applicants and employees
(1) It is unlawful for an employer to discriminate against a
person on the ground of the person's sexual
20 orientation --
(a) in the arrangements made for the purpose of
determining who should be offered
employment;
(b) in determining who should be offered
25 employment; or
(c) in the terms or conditions on which
employment is offered.
(2) It is unlawful for an employer to discriminate against
an employee on the ground of the employee's sexual
30 orientation --
(a) in the terms or conditions of employment that
the employer affords the employee;
page 23
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 8 Equal Opportunity Act 1984
s. 52
(b) by denying the employee access, or limiting the
employee's access, to opportunities for
promotion, transfer or training, or to any other
benefits associated with employment;
5 (c) by dismissing the employee; or
(d) by subjecting the employee to any other
detriment.
(3) Nothing in subsection (1)(a) and (b) renders it unlawful
for a person to discriminate against another person, on
10 the ground of the other person's sexual orientation, in
connection with employment to perform domestic
duties on the premises on which the first-mentioned
person resides.
35Q. Discrimination against commission agents
15 (1) It is unlawful for a principal to discriminate against a
person on the ground of the person's sexual
orientation --
(a) in the arrangements the principal makes for the
purpose of determining who should be engaged
20 as a commission agent;
(b) in determining who should be engaged as a
commission agent; or
(c) in the terms or conditions on which the person
is engaged as a commission agent.
25 (2) It is unlawful for a principal to discriminate against a
commission agent on the ground of the commission
agent's sexual orientation --
(a) in the terms or conditions that the principal
affords the commission agent as a commission
30 agent;
page 24
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Equal Opportunity Act 1984 Part 8
s. 52
(b) by denying the commission agent access, or
limiting the commission agent's access, to
opportunities for promotion, transfer or
training, or to any other benefits associated
5 with the position as a commission agent;
(c) by terminating the engagement; or
(d) by subjecting the commission agent to any
other detriment.
35R. Discrimination against contract workers
10 (1) It is unlawful for a principal to discriminate against a
contract worker on the ground of the contract worker's
sexual orientation --
(a) in the terms or conditions on which the
principal allows the contract worker to work;
15 (b) by not allowing the contract worker to work or
continue to work;
(c) by denying the contract worker access, or
limiting the contract worker's access, to any
benefit associated with the work in respect of
20 which the contract with the employer is made;
or
(d) by subjecting the contract worker to any other
detriment.
(2) Nothing in subsection (1) renders it unlawful for a
25 person to discriminate against another person, on the
ground of the other person's sexual orientation, in
connection with work to perform domestic duties on
the premises on which the first-mentioned person
resides.
page 25
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 8 Equal Opportunity Act 1984
s. 52
35S. Partnerships
(1) It is unlawful for 6 or more persons being persons who
are proposing to form themselves into a partnership to
discriminate against a person on the ground of the
5 person's sexual orientation --
(a) in determining who should be invited to
become a partner in the partnership; or
(b) in the terms or conditions on which the person
is invited to become a partner in the
10 partnership.
(2) It is unlawful for any one or more of the partners in a
partnership consisting of 6 or more partners to
discriminate against a person on the ground of the
person's sexual orientation --
15 (a) in determining who should be invited to
become a partner in the partnership; or
(b) in the terms or conditions on which the person
is invited to become a partner in the
partnership.
20 (3) It is unlawful for any one or more of the partners in a
partnership consisting of 6 or more partners to
discriminate against a partner in the partnership on the
ground of the partner's sexual orientation --
(a) by denying the partner access, or limiting the
25 partner's access, to any benefit arising from
being a partner in the partnership;
(b) by expelling the partner from the partnership;
or
(c) by subjecting the partner to any other
30 detriment.
page 26
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Equal Opportunity Act 1984 Part 8
s. 52
35T. Professional or trade organisations, etc.
(1) This section applies to an organisation of employees
and to an organisation of employers.
(2) It is unlawful for an organisation to which this section
5 applies or for the committee of management of such an
organisation or for a member of such a committee of
management to discriminate against a person who is
not a member of the organisation on the ground of the
person's sexual orientation --
10 (a) by refusing or failing to accept the person's
application for membership; or
(b) in the terms or conditions on which the
organisation is prepared to admit the person to
membership.
15 (3) It is unlawful for an organisation to which this section
applies or for the committee of management of such an
organisation or for a member of such a committee of
management to discriminate against a person who is a
member of the organisation on the ground of the
20 person's sexual orientation --
(a) by denying the person access, or limiting the
person's access, to any benefit provided by the
organisation;
(b) by depriving the person of membership or
25 varying the terms of the person's membership;
or
(c) by subjecting the person to any other detriment.
35U. Qualifying bodies
It is unlawful for an authority or body that is
30 empowered to confer, renew, extend, revoke or
withdraw an authorisation or qualification that is
needed for or facilitates the practice of a profession, the
page 27
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 8 Equal Opportunity Act 1984
s. 52
carrying on of a trade or business or the engaging in of
an occupation to discriminate against a person on the
ground of the person's sexual orientation --
(a) by refusing or failing to confer, renew or extend
5 the authorisation or qualification;
(b) in the terms or conditions on which it is
prepared to confer the authorisation or
qualification or to renew or extend the
authorisation or qualification; or
10 (c) by revoking or withdrawing the authorisation or
qualification or varying the terms or conditions
upon which it is held.
35V. Employment agencies
It is unlawful for an employment agency to
15 discriminate against a person on the ground of the
person's sexual orientation --
(a) by refusing to provide the person with any of its
services;
(b) in the terms or conditions on which it offers to
20 provide the person with any of its services; or
(c) in the manner in which it provides the person
with any of its services.
Division 3 -- Discrimination in other areas
35W. Education
25 (1) It is unlawful for an educational authority to
discriminate against a person on the ground of the
person's sexual orientation --
(a) by refusing or failing to accept the person's
application for admission as a student; or
page 28
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Equal Opportunity Act 1984 Part 8
s. 52
(b) in the terms or conditions on which it is
prepared to admit the person as a student.
(2) It is unlawful for an educational authority to
discriminate against a student on the ground of the
5 student's sexual orientation --
(a) by denying the student access, or limiting the
student's access, to any benefit provided by the
educational authority;
(b) by expelling the student; or
10 (c) by subjecting the student to any other
detriment.
35X. Access to places and vehicles
It is unlawful for a person (in this section referred to as
the "discriminator") to discriminate against another
15 person (in this section referred to as the "aggrieved
person") on the ground of the aggrieved person's
sexual orientation --
(a) by refusing to allow the aggrieved person
access to or the use of any place or vehicle that
20 the public or a section of the public is entitled
or allowed to enter or use, for payment or not;
(b) in the terms on which the discriminator is
prepared to allow the aggrieved person access
to or the use of any such place or vehicle;
25 (c) by refusing to allow the aggrieved person the
use of any facilities in any such place or vehicle
that the public or a section of the public is
entitled or allowed to use, for payment or not;
(d) in the terms on which the discriminator is
30 prepared to allow the aggrieved person the use
of any such facilities; or
page 29
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 8 Equal Opportunity Act 1984
s. 52
(e) by requiring the aggrieved person to leave or
cease to use any such place or vehicle or any
such facilities.
35Y. Goods, services and facilities
5 It is unlawful for a person who, whether for payment or
not, provides goods or services, or makes facilities
available, to discriminate against another person on the
ground of the other person's sexual orientation --
(a) by refusing to provide the other person with
10 those goods or services or to make those
facilities available to the other person;
(b) in the terms or conditions on which the
first-mentioned person provides the other
person with those goods or services or makes
15 those facilities available to the other person; or
(c) in the manner in which the first-mentioned
person provides the other person with those
goods or services or makes those facilities
available to the other person.
20 35Z. Accommodation
(1) It is unlawful for a person, whether as principal or
agent, to discriminate against another person on the
ground of the other person's sexual orientation --
(a) by refusing the other person's application for
25 accommodation;
(b) in the terms or conditions on which
accommodation is offered to the other person; or
(c) by deferring the other person's application for
accommodation or according to the other
30 person a lower order of precedence in any list
of applicants for that accommodation.
page 30
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Equal Opportunity Act 1984 Part 8
s. 52
(2) It is unlawful for a person, whether as principal or
agent, to discriminate against another person on the
ground of the other person's sexual orientation --
(a) by denying the other person access, or limiting
5 the other person's access, to any benefit
associated with accommodation occupied by
the other person;
(b) by evicting the other person from
accommodation occupied by the other person;
10 or
(c) by subjecting the other person to any other
detriment in relation to accommodation
occupied by the other person.
(3) Nothing in this section applies to or in respect of --
15 (a) the provision of accommodation in premises
if --
(i) the person who provides or proposes to
provide the accommodation or a near
relative of that person resides, and
20 intends to continue to reside, on those
premises; and
(ii) the accommodation provided in those
premises is for no more than 3 persons
other than a person referred to in
25 subparagraph (i) or near relatives of
such a person; or
(b) accommodation provided by a religious body.
page 31
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 8 Equal Opportunity Act 1984
s. 52
35ZA. Land
(1) It is unlawful for a person, whether as principal or
agent, to discriminate against another person on the
ground of the sexual orientation of the other person --
5 (a) by refusing or failing to dispose of an estate or
interest in land to the other person; or
(b) in the terms or conditions on which an estate or
interest in land is offered to the other person.
(2) Without limiting the generality of section 70(1), this
10 section does not apply in relation to a disposal of an
estate or interest in land by will or by way of gift.
35ZB. Clubs
(1) It is unlawful for a club, the committee of management
of a club or a member of the committee of management
15 of a club to discriminate against a person who is not a
member of the club on the ground of the person's
sexual orientation --
(a) by refusing or failing to accept the person's
application for membership; or
20 (b) in the terms or conditions on which the club is
prepared to admit the person to membership.
(2) It is unlawful for a club, the committee of management
of a club or a member of the committee of management
of a club to discriminate against a person who is a
25 member of the club on the ground of the member's
sexual orientation --
(a) in the terms or conditions of membership that
are afforded to the member;
(b) by refusing or failing to accept the member's
30 application for a particular class or type of
membership;
page 32
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Equal Opportunity Act 1984 Part 8
s. 52
(c) by denying the member access, or limiting the
member's access, to any benefit provided by
the club;
(d) by depriving the member of membership or
5 varying the terms of membership; or
(e) by subjecting the member to any other
detriment.
35ZC. Application forms, etc.
Where, by virtue of a provision of Division 2 or this
10 Division, it would be unlawful, in particular
circumstances, for a person to discriminate against
another person, on the ground of the other person's
sexual orientation, in doing a particular act, it is
unlawful for the first-mentioned person to request or
15 require the other person to provide, in connection with
or for the purposes of the doing of the act, information
(whether by way of completing a form or otherwise)
that persons who are not of the other person's sexual
orientation would not, in circumstances that are the
20 same or not materially different, be requested or
required to provide.
Division 4 -- Exceptions to Part IIB
35ZD. Measures intended to achieve equality
Nothing in Division 2 or 3 renders it unlawful to do an
25 act a purpose of which is --
(a) to ensure that persons of a particular sexual
orientation have equal opportunities with other
persons in circumstances in relation to which
provision is made by this Act; or
30 (b) to afford persons of a particular sexual
orientation access to facilities, services or
opportunities to meet their special needs in
page 33
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 8 Equal Opportunity Act 1984
s. 53
relation to employment, education, training or
welfare.
".
53. Section 67 amended
5 Section 67(1)(f) is amended by inserting after "IIA," --
" IIB, ".
54. Section 80 amended
Section 80 is amended as follows:
(a) by inserting after "family responsibility or family
10 status," where it first occurs --
" sexual orientation, ";
(b) in paragraph (b)(i), by inserting after "family
responsibility or family status," --
" sexual orientation, ";
15 (c) in paragraph (e), by inserting after "family responsibility
or family status," --
" sexual orientation, ".
55. Section 135 amended
(1) Section 135(1) is amended by inserting after "IIA," --
20 " IIB, ".
(2) Section 135(2) is amended by inserting after "IIA," --
" IIB, ".
56. Section 137 amended
Section 137 is amended by inserting after "IIA," --
25 " IIB, ".
page 34
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Equal Opportunity Act 1984 Part 8
s. 57
57. Section 140 amended
Section 140(a) is amended by inserting after "family
responsibility or family status," --
" sexual orientation, ".
5 58. Section 146 amended
Section 146(2)(a)(i) is amended by inserting after "family
responsibility or family status," --
" sexual orientation, ".
59. Consequential amendment to the Perth International Centre
10 for Application of Solar Energy Act 1994
Schedule 1 Part B to the Perth International Centre for
Application of Solar Energy Act 1994* is amended by repealing
clause 1(1) and inserting instead --
"
15 (1) In this Part --
"near relative", in relation to a director, means spouse,
de facto partner, parent or child of the director.
".
[* Act No. 36 of 1994.
20 For subsequent amendments see Act No. 10 of 2001.]
page 35
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 9 Family Court Act 1997
s. 60
Part 9 -- Family Court Act 1997
60. Family Court Act 1997 amended
The amendments in this Part are to the Family Court Act 1997*.
[* Act No. 40 of 1997.
5 For subsequent amendments see Act No. 43 of 2000.]
61. Section 7 amended
Section 7(a) is deleted and the following paragraph is inserted
instead --
"
10 (a) a parent, grandparent or step-parent of the
person;
".
62. Section 133 amended
Section 133(a) is amended by inserting after "father" --
15 "
, or a person who is the parent of a child under
section 6A of the Artificial Conception
Act 1985,
".
20 63. Heading to Part 5 Division 8 Subdivision 2 amended
The heading to Part 5 Division 8 Subdivision 2 is amended by
deleting "Father's liability to contribute towards child bearing
expenses if not married to mother" and inserting instead --
"
25 Liability of parent not married to child's mother to
contribute towards child bearing expenses
".
page 36
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Family Court Act 1997 Part 9
s. 64
64. Section 135 amended
Section 135 is amended by inserting after "mother" --
"
, or a person who is the parent of the child under
5 section 6A of the Artificial Conception Act 1985,
".
65. Section 136 amended
Section 136(1) is amended as follows:
(a) by inserting after "father of the child" --
10 "
, or the person who is the parent of the child under
section 6A of the Artificial Conception Act 1985
";
(b) in paragraph (a) by deleting "and the father of the
15 child;" and inserting instead --
"
and --
(i) the father of the child; or
(ii) the person who is the parent of the child
20 under section 6A of the Artificial
Conception Act 1985;
".
66. Section 141 amended
(1) Section 141(1) is amended as follows:
25 (a) in paragraph (a) by inserting after "child" --
"
, or the person named in the order is the parent
of the woman's unborn child under section 6A
of the Artificial Conception Act 1985
30 ";
page 37
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 9 Family Court Act 1997
s. 66
(b) in paragraph (b) --
(i) by deleting "man" and inserting instead --
" person ";
(ii) by inserting after "father" --
5 "
, or the parent under section 6A of the Artificial
Conception Act 1985
";
(c) by deleting "father is a reference to the man" and
10 inserting instead --
" other parent is a reference to the person ".
(2) Section 141(2) is amended as follows:
(a) in paragraph (e) by deleting "father" and inserting
instead --
15 " other parent ";
(b) in paragraph (f) by deleting "father" and inserting
instead --
" other parent ".
page 38
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Guardianship and Administration Act 1990 Part 10
s. 67
Part 10 -- Guardianship and Administration Act 1990
67. Guardianship and Administration Act 1990 amended
The amendments in this Part are to the Guardianship and
Administration Act 1990*.
5 [* Reprinted as at 21 April 1997.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 189.]
68. Section 3 amended
Section 3(1) is amended in the definition of "nearest relative" as
10 follows:
(a) by deleting "relatives of the person, being a relative who
has attained the age of 18 years and is reasonably
available at the relevant time --" and paragraph (a) and
inserting instead --
15 "
persons, who has attained the age of 18 years and
is reasonably available at the relevant time --
(a) a spouse or de facto partner;
";
20 (b) by deleting paragraph (h).
69. Section 119 amended
(1) Section 119(3)(b) is deleted and the following paragraph is
inserted instead --
"
25 (b) the spouse or de facto partner of the person
needing the treatment;
".
(2) Section 119(3)(d) is amended by inserting after "spouse" --
" or de facto partner ".
page 39
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 10 Guardianship and Administration Act 1990
s. 70
70. Schedule 2 amended
Schedule 2 is amended as follows:
(a) in clause 21 by inserting after "wife" --
" or de facto partner ";
5 (b) in clause 22 by inserting after "husband" --
" , de facto partner ".
page 40
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Human Reproductive Technology Act 1991 Part 11
s. 71
Part 11 -- Human Reproductive Technology Act 1991
71. Human Reproductive Technology Act 1991 amended
The amendments in this Part are to the Human Reproductive
Technology Act 1991*.
5 [* Act No. 22 of 1991.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 206-7, and Act No. 10
of 2001.]
72. Preamble amended
10 The preamble is amended as follows:
(a) in paragraph A by deleting "couples who are unable to
conceive children naturally or whose children may be
affected by a genetic disease." and inserting instead --
" persons who wish to be parents. ";
15 (b) in paragraph B by deleting "so assist these couples" and
inserting instead --
"
assist persons who are unable to conceive children
naturally due to medical reasons or whose children are
20 otherwise likely to be affected by a genetic abnormality
or disease,
".
73. Section 21 amended
Section 21 is amended by inserting after paragraph (h) the
25 following paragraph --
"
(i) the means of identifying, for the purposes of
sections 24 and 26, the person or persons on
behalf of whom any gametes, egg in the process
30 of fertilisation or embryo are stored, kept for
page 41
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 11 Human Reproductive Technology Act 1991*.
s. 74
implantation or developed which, in accordance
with consents given, may be --
(i) a woman or man; or
(ii) a couple who are married, or in a de
5 facto relationship with each other
whether they are different sexes or both
female;
".
74. Section 23 amended
10 (1) Section 23(a) is amended as follows:
(a) by deleting subparagraph (i) and "or" after it and
inserting instead --
"
(i) persons who, as a couple, are unable to
15 conceive a child due to medical reasons;
(ia) a woman who is unable to conceive a
child due to medical reasons; or
";
(b) in subparagraph (ii) by inserting after "couple" --
20 " or a woman ".
(2) Section 23(c)(ii) is deleted and the following subparagraph is
inserted instead --
"
(ii) in a de facto relationship with each
25 other and are of the opposite sex to each
other;
".
75. Section 24 amended
Section 24(2) is amended by inserting before "persons" --
30 " person or ".
page 42
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Human Reproductive Technology Act 1991*. Part 11
s. 76
76. Section 26 amended
Section 26(1) is amended as follows:
(a) in paragraph (c) by deleting "developed;" and inserting
instead --
5 "
developed, or vest in the woman on whose behalf that
egg or embryo was developed;
".
(b) in paragraph (d) by inserting after "couple" --
10 " or a woman ".
page 43
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 12 Human Tissue and Transplant Act 1982
s. 77
Part 12 -- Human Tissue and Transplant Act 1982
77. Human Tissue and Transplant Act 1982 amended
The amendments in this Part are to the Human Tissue and
Transplant Act 1982*.
5 [* Reprinted as at 29 October 1999.]
78. Section 3 amended
(1) Section 3(1) is amended in the definition of "next of kin" as
follows:
(a) in paragraph (a) by inserting after "(i)," --
10 " (ia), ";
(b) in paragraph (b) by inserting after "(i)," --
" (ia), ".
(2) Section 3(1) is amended in the definition of "senior available
next of kin" as follows:
15 (a) by deleting paragraph (a)(i) and inserting the following
subparagraphs instead --
"
(i) if the child has both a spouse, and a de
facto partner who has attained the age of
20 18 years, the spouse or de facto partner
with whom the child is living as a
spouse or de facto partner;
(ia) the spouse, or de facto partner who has
attained the age of 18 years, of the child;
25 ";
(b) by deleting paragraph (b)(i) and inserting the following
subparagraphs instead --
"
(i) if the person has both a spouse, and a de
30 facto partner who has attained the age of
page 44
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Human Tissue and Transplant Act 1982 Part 12
s. 78
18 years, the spouse or de facto partner
with whom the person is living as a
spouse or de facto partner;
(ia) the spouse, or de facto partner who has
5 attained the age of 18 years, of the
person;
".
page 45
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 13 Inheritance (Family and Dependants Provision) Act 1972
s. 79
Part 13 -- Inheritance (Family and Dependants
Provision) Act 1972
79. Inheritance (Family and Dependants Provision) Act 1972
amended
5 The amendments in this Part are to the Inheritance (Family and
Dependants Provision) Act 1972*.
[* Act No. 57 of 1972.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 214.]
10 80. Section 4 amended
(1) Section 4(1) is amended as follows:
(a) in the definition of "child" by deleting "or adopted";
(b) in the definition of "grandchild" by deleting "or
adopted".
15 (2) Section 4(4) is amended by deleting "father and his illegitimate
child, and any other relationship traced in any degree through
that relationship, shall be recognized only if paternity is
admitted by or established against the father in his" and
inserting instead --
20 "
parent and a child and any other relationship traced in
any degree through that relationship, shall be
recognised only if parentage is admitted by or
established against the parent in the parent's
25 ".
page 46
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Inheritance (Family and Dependants Provision) Act 1972 Part 13
s. 81
81. Section 7 amended
Section 7(1) is amended as follows:
(a) by deleting paragraph (a) and inserting the following
paragraph instead --
5 "
(a) a person who was married to, or living as the
de facto partner of, the deceased person
immediately before the death of the deceased
person;
10 ";
(b) in paragraph (b) --
(i) by deleting "whose marriage to the deceased has
been dissolved or annulled and";
(ii) by deleting "deceased," and inserting instead --
15 "
deceased as a former spouse or former de facto
partner of the deceased
";
(c) in paragraph (e) --
20 (i) by deleting "or adoption,"; and
(ii) by deleting the semicolon and inserting instead a
full stop;
(d) by deleting paragraph (f).
82. Applications regarding the estates of persons who died
25 before the commencement of this Part
An application under the Inheritance (Family and Dependants
Provision) Act 1972 for provision out of the estate of a person
who died before the commencement of this Part is to be dealt
with under that Act as if this Part had not commenced.
page 47
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 14 Interpretation Act 1984
s. 83
Part 14 -- Interpretation Act 1984
83. Interpretation Act 1984 amended
The amendments in this Part are to the Interpretation Act 1984*.
[* Reprinted as at 1 January 1999.
5 For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 216.]
84. Section 5 amended
Section 5 is amended by inserting in the appropriate
alphabetical positions the following definitions --
10 "
"de facto partner" and "de facto relationship" have
the meanings given in section 13A;
"parent" includes the following --
(a) a person who is a parent within the meaning
15 of the Artificial Conception Act 1985;
(b) a person who is an adoptive parent under the
Adoption Act 1994;
"spouse", in relation to a person, means a person who
is lawfully married to that person;
20 ".
85. Section 13A inserted
After section 13 the following section is inserted --
"
13A. References to de facto relationship and de facto
25 partner
(1) A reference in a written law to a de facto relationship
shall be construed as a reference to a relationship (other
than a legal marriage) between 2 persons who live
together in a marriage-like relationship.
page 48
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Interpretation Act 1984 Part 14
s. 85
(2) The following factors are indicators of whether or not a
de facto relationship exists between 2 persons, but are
not essential --
(a) the length of the relationship between them;
5 (ab) whether the 2 persons have resided together;
(b) the nature and extent of common residence;
(c) whether there is, or has been, a sexual
relationship between them;
(d) the degree of financial dependence or
10 interdependence, and any arrangements for
financial support, between them;
(e) the ownership, use and acquisition of their
property (including property they own
individually);
15 (f) the degree of mutual commitment by them to a
shared life;
(g) whether they care for and support children;
(h) the reputation, and public aspects, of the
relationship between them.
20 (3) It does not matter whether --
(a) the persons are different sexes or the same sex;
or
(b) either of the persons is legally married to
someone else or in another de facto
25 relationship.
(4) A reference in a written law to a de facto partner shall
be construed as a reference to a person who lives, or
where the context requires, has lived, in a de facto
relationship.
30 (5) The de facto partner of a person (the "first person") is
the person who lives, or lived, in the de facto
relationship with the first person.
".
page 49
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 15 Law Reform (Decriminalization of Sodomy) Act 1989
s. 86
Part 15 -- Law Reform (Decriminalization of Sodomy)
Act 1989
86. Law Reform (Decriminalization of Sodomy) Act 1989
repealed
5 The Law Reform (Decriminalization of Sodomy) Act 1989 is
repealed.
page 50
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Members of Parliament (Financial Interests) Act 1992 Part 16
s. 87
Part 16 -- Members of Parliament (Financial Interests)
Act 1992
87. Members of Parliament (Financial Interests) Act 1992
amended
5 The amendments in this Part are to the Members of Parliament
(Financial Interests) Act 1992*.
[* Act No. 44 of 1992.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 276, and Act No. 10 of 2001.]
10 88. Section 3 amended
(1) Section 3(1) is amended in the definition of "relative" as
follows:
(a) in paragraph (a) by inserting after "spouse" --
" or de facto partner ";
15 (b) in paragraph (b) by inserting after "spouse" --
" or de facto partner ";
(c) in paragraph (d) by deleting "mother and reputed father"
and inserting instead --
" parents ".
20 (2) Section 3(1) is amended by inserting in the appropriate
alphabetical position the following definition --
"
"de facto partner" has a meaning affected by
subsection (5);
25 ".
(3) Section 3(5) is amended as follows:
(a) by deleting "spouse" in the first place where it occurs
and inserting instead --
" de facto partner ";
page 51
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 16 Members of Parliament (Financial Interests) Act 1992
s. 88
(b) by deleting "includes a reference to a person" and
inserting instead --
" means a person ";
(c) by deleting "with the Member or relative as a de facto
5 spouse if either --" and paragraph (a) and "or" after it
and inserting instead --
"
as a de facto partner of the Member or relative if
either --
10 (a) the Member or relative and the person are both
parents of the same child; or
".
page 52
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Parliamentary Superannuation Act 1970 Part 17
s. 89
Part 17 -- Parliamentary Superannuation Act 1970
89. Parliamentary Superannuation Act 1970 amended
The amendments in this Part are to Parliamentary
Superannuation Act 1970*.
5 [* Reprinted as at 25 September 1991.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 325-6.]
90. Section 5 amended
(1) Section 5(1) is amended by inserting in the appropriate
10 alphabetical position the following definition --
"
"spouse or de facto partner", in relation to a member
or former member, means --
(a) the widow or widower of the member or
15 former member; or
(b) a person who, at the time of the member's or
former member's death, was a de facto
partner of the member;
".
20 (2) Section 5(4) is repealed.
(3) Section 5(5) is amended as follows:
(a) by deleting "relationship of the kind referred to in
subsection (4)" and inserting instead --
" de facto relationship ";
25 (b) by deleting "de facto spouse" and inserting instead --
" de facto partner ";
(c) by inserting after "another person" --
" or in another de facto relationship ".
page 53
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 17 Parliamentary Superannuation Act 1970
s. 91
91. References to "widow" and "widows" replaced in certain
provisions
(1) In each provision referred to in the Table to this subsection
"widow" is deleted and the following is inserted instead --
5 " spouse or de facto partner ".
Table
s. 14(1a)(a)(ii) and (b)(iv) s. 19B(1) and (2)(a) (twice)
s. 18(1), (2), (3) and (4) and (b) (three times)
s. 18A s. 23(1)(c) and (d)
s. 19(1) s. 23A
s. 19(1a), (1b)(a) and (b), s. 30 (4 times)
(2), (3), (4)(a), (b), (c)
and (d), (5) (5 times)
and (6)
(2) In each provision referred to in the Table to this subsection
"widows" is deleted and the following is inserted instead --
" spouses or de facto partners ".
10 Table
s. 15B(6) s. 18(4)
92. Section 18 amended
Section 18(2) is amended by deleting "her husband" and
inserting instead --
" the former member ".
15 93. Section 18A amended
Section 18A is amended by deleting "her husband" and
inserting instead --
" the member or former member ".
page 54
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Parliamentary Superannuation Act 1970 Part 17
s. 94
94. Section 19 amended
(1) Section 19(1) is amended as follows:
(a) in paragraph (a) by deleting "her husband" and inserting
instead --
5 " the former member ";
(b) in paragraph (b) by deleting "her husband" and inserting
instead --
" the former member ".
(2) Section 19(2) is amended by deleting "her husband" and
10 inserting instead --
" the member ".
(3) Section 19(3) is amended as follows:
(a) in paragraph (a) by deleting "her husband" and inserting
instead --
15 " the member ";
(b) in paragraph (b) by deleting "her husband" and inserting
instead --
" the member ".
(4) Section 19(6) is amended by deleting ", as a result of
20 section 5(4),".
95. Section 19A repealed
Section 19A is repealed.
96. Section 23A amended
Section 23A is amended by deleting "widow's".
page 55
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
Part 18 Public Trustee Act 1941
s. 97
Part 18 -- Public Trustee Act 1941
97. Public Trustee Act 1941 amended
The amendments in this Part are to the Public Trustee
Act 1941*.
5 [* Reprinted as at 4 May 2001.]
98. Section 10 amended
Section 10(1)(e) is amended by deleting "widow, husband" and
inserting instead --
"
10 a person who was married to, or living as the
de facto partner of, the deceased immediately
before the death of the deceased
".
99. Section 18 amended
15 Section 18 is amended by deleting "the widow" and inserting
instead --
" a parent of the infant ".
100. Section 49 amended
Section 49(1)(n) is amended as follows:
20 (a) by deleting "his wife" and inserting instead --
" the person's spouse, de facto partner ";
(b) by deleting "him, and for the education of his" and
inserting instead --
" the person, and for the education of the person's ".
page 56
Acts Amendment (Lesbian and Gay Law Reform) Bill 2001
State Superannuation Act 2000 Part 19
s. 101
Part 19 -- State Superannuation Act 2000
101. State Superannuation Act 2000 amended
The amendments in this Part are to the State Superannuation
Act 2000*.
5 [* Act No. 42 of 2000.
For subsequent amendments see Act No. 10 of 2001.]
102. Section 28 amended
Section 28(3) is amended by deleting "another person living
with that person in a bona fide domestic arrangement as if they
10 were husband and wife" and inserting instead --
" a de facto partner of that person ".
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