The Same Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Bill 2008 has been passed by the Parliament and has been sent to the Governor-General for Royal Assent.

The General Law Reform Bill was a cornerstone of the Rudd Government’s campaign to remove discrimination against same sex couples from the general body of federal law.

A related bill, the Same Sex Relationships (Equal Treatment in Commonwealth Laws – Superannuation) Bill 2008 has also passed the Parliament and has been sent to the Governor-General for Royal Assent.

The Bill aims to eliminate discrimination against same sex couples and their children.  It makes amendments to 68 pieces of Commonwealth legislation and ranges from amendments to family assistance legislation (which will enable same sex couples to be considered in de facto relationships and have their family assistance payments assessed accordingly) to the Corporations Act 2001 (where various definitions of spouse are used).

The rationale behind the Bill was to ensure that same sex couples have the same rights and privileges under Commonwealth legislation as opposite sex couples.  It provides legislative recognition to same sex partners and their children to ensure that children are not disadvantaged due to the construction of their family unit.

Whilst some amendments to the 68 pieces of Commonwealth legislation are minor and may in places only change the definition of spouse to partner, there are a number of key definitions and concepts which have been amended or inserted.

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