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Legislative Assembly for the ACT: 2004 Week 01 Hansard (Tuesday, 10 February 2004) . . Page.. 98 ..


MR HARGREAVES (6.12): I am pleased to support the Chief Minister today and I am honoured to be part of a Labor government that has brought forward this inclusive legislation. The Parentage Bill 2003 forms part of the Stanhope government’s commitment to reforming areas of ACT legislation that still discriminate on the grounds of sexual preference or gender identity. It is a commitment that the government took to the last election. It is a principled commitment and a commitment that we are pleased to deliver on today.

The Chief Minister announced the broad direction of the amendments when the government report to the ACT Legislative Assembly, Discrimination and gay, lesbian, bisexual, transgender and intersex people in the ACT, was tabled in this place in May last year.

This report followed the release of a community discussion paper dealing with the legally complex issues of civil unions, parenting, adoption and antivilification legislation in December 2002. This community consultation process was valuable in that it allowed all members of the community to contribute a view. It also follows the passage of the Legislation (Gay, Lesbian and Transgender) Amendment Bill 2002 and the Discrimination Amendment Bill 2002.

The law reform process goes back even further than that, though. It began in ACT Young Labor in 2000 with a series of debates and resolutions. These resolutions were supported at successive ACT ALP conferences in 2000 and 2001. In fact, the 2001 conference, in full gaze of the media and only three months before the 2001 election, unanimously supported the following policy on gay and lesbian law reform. It reads:

Labor believes that all people are entitled to respect, dignity and the right to participate in society and to receive the protection of the law regardless of their sexual orientation or gender identity. Labor will implement policies and legislate generally to give effect to this belief. In particular, a Labor government will:

1. Establish a special inquiry to investigate and make recommendations to achieve equal legal status for gays and lesbians in the ACT.

2. Introduce programs to fight discrimination against, and vilification of gays and lesbians; and legislate for two people regardless of gender to enter into a legally recognised union.

Mr Deputy Speaker, I note that in March 2002 the Chief Minister established an inquiry to investigate, and make recommendations towards achieving, equal legal status for gays and lesbians in the ACT. That inquiry reported in August 2002 and identified 70 acts and regulations that discriminated against gays and lesbians. The government has moved to remove this unjust discrimination. The legislation here today removes discrimination relating to sexuality and relationship status and, in particular, removes discrimination relating to parentage.

Currently, some children of couples who do not fit into the traditional model may not have two legally recognised parents. The government’s view is that this is contrary to the best interests of those children. This bill is designed to address this issue. The Parentage Bill will allow a same-sex partner of the mother or father to become a child’s second


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