1995 gay male couple took NIB health fund to Equal Opportunity Tribunal stating they had be discriminated against by not being able to take out the ‘family’ option of their health cover. Found to have been discriminated against (Brown V. NIB Health Fund Ltd. 1995) C
Property – did not have access to Family Law Act (1975) to resolve disputes
Over to you
Use pages 254-55 to map chart changes in law responding to questions of rights of same-sex couples
Most recent change
Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 - recognised de facto, incl same-sex, as equal in rights as marriages.
Detailed information at: http://lacextra.legalaid.nsw.gov.au/Publications/FileUpload/Doc/ImprintFile463.pdf
Polygamous Marriages
Marriage Act 1961 (Cth) disallows this: A marriage is void if either of the parties was, at the time of the marriage lawfully married to some other person
Where people have legally married 2 spouses overseas, the Australian Legal system recognises the 1st marriage and the subsequent as de facto relationships (Family Law Act 1975 (Cth.)).
Issues
Socially unaccepted
Diverse immigration means that people entering Australia are sometimes in polygamous relationships
Does it discriminate against race/religion?
Read the linked article http://www.mercatornet.com/articles/view/legalising_polygamy_for_muslims/
De Facto
A de facto relationship is defined in Section 4AA of the Family Law Act 1975.
The law requires that you and your former partner, who may be of the same or opposite sex, had a relationship as a couple living together on a genuine domestic basis.
your relationship is not a de facto relationship if you were legally married to one another or if you are related by family.
