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eLaw Journal: Murdoch University Electronic Journal of Law |
Report of the Western Australian Ministerial Committee on Lesbian and Gay Law Reform
Authors: | Mala Dharmananda |
Christopher N Kendall BA (Hons), LLB, LLM, PhD Associate Professor, Murdoch University School of Law | |
Issue: | Volume 8, Number 4 (December 2001) |
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 of 2 to be held by a married couple.
A de facto relationship is a marriage-like relationship (other than a legal marriage) between 2 adults.
In enacting this legislation Parliament is seeking to give help and encouragement to those eligible couples who are unable to conceive children naturally or whose children may be affected by a genetic disease.Parliament considers that the primary purpose and only justification for the creation of a human egg in the process of fertilisation or embryo in vitro is to so assist these couples to have children, and this legislation should respect the life created by this process by giving an egg in the process of fertilisation or an embryo all reasonable opportunities for implanting.
23. An in vitro fertilisation procedure may be carried out where(a) it would be likely to benefit -
(i) persons who, as a couple, are infertile; or
(ii) a couple whose child would otherwise be likely to be affected by a genetic abnormality or disease;(b) each of the participants required to do so has given an effective consent;
(c) the persons seeking to be treated as members of a couple are -
(i) married to each other; or
(ii) are cohabiting in a heterosexual relationship as husband and wife and have done so for periods aggregating at least 5 years, during the immediately preceding 6 years;(d) the reason for infertility is not age or some other cause prescribed for the purpose of this paragraph; and
(e) consideration has been given to the welfare and interests of
(i) the participants; and
(ii) any child likely to be born as a result of the procedure,
(iii) and in the opinion of the licensee that consideration does not show any cause why the procedure should not be carried out,
but not otherwise.
(e) to require that equity, welfare and general standards prevailing in the community are taken into account in the practice of reproductive technology;
... that prior to commencement of adoption proceedings, a step parent applicant must first make application to the Family Court for a determination that an adoption order is preferable to a parenting/guardianship/custody order.
Juvenile male: Offences against
332A (1) In this section "juvenile male" means a male person of or over the age of 1 and under the age of 21 years.
(2) A male person who sexually penetrates a juvenile male or who procures or permits a juvenile male to sexually penetrate him is guilty of a crime and is liable to imprisonment for 5 years.
Summary conviction penalty: Imprisonment for 2 years or a fine of $8000.
(3) A male person who indecently deals with a juvenile male or who procures a juvenile male to indecently deal with him or another male or who permits a juvenile male to indecently deal with him is guilty of a crime and is liable to imprisonment for 4 years.
Summary conviction penalty: Imprisonment for 2 years or a fine of $8000.
(4) It is a defence under this section to prove the accused person believed on reasonable grounds that the juvenile was of or over the age of 21 years.
Indecent practices between males in public184. Any male person who in public commits any acts of gross indecency with another male person or procures another male person to commit in public any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person in public is guilty of a crime and is liable to imprisonment for 3 years.
Summary conviction penalty: Imprisonment for one year or a fine of $4 000.
Occupier or owner allowing certain persons to be on premises for unlawful carnal knowledge186 (1) Any person who, being the owner or occupier of any premises, or having or acting or assisting in the management or control of any premises, induces or knowingly permits any person of such age as in this section is mentioned to resort to or be in or upon such premises for the purpose of being unlawfully carnally known by any man, whether a particular man or not is guilty of a crime, and:
if the person is a girl under the age of 16 years or a male under the age of 21 years, is liable to imprisonment for two years; and
if the person is under the age of 13 years, is liable to imprisonment for 20 years.(2) It is a defence to a charge to any of offences defined in this section prove that the accused person believed, on reasonable grounds, that in the case of a girl, that she was of or above the age of 16 years, and in the case of a male, that he was of or above the age of 21 years.
WHEREAS, the Parliament does not believe that sexual acts between consenting adults in private ought to be regulated by the criminal law:
AND WHEREAS, the Parliament disapproves of sexual relations between persons of the same sex;
AND WHEREAS, the Parliament disapproves of the promotion or encouragement of homosexual behaviour;
AND WHEREAS, the Parliament does not by its action in removing any penalty for sexual acts in private between persons of the same sex wish to create a change in community attitude to homosexual behaviour;
AND WHEREAS, in particular the Parliament disapproves of persons with care supervision or authority over young persons urging them to adopt homosexuality as a lifestyle and disapproves of instrumentalities of the state so doing:
Be it therefore enacted...
It shall be contrary to public policy to encourage or promote homosexual behaviour and the encouragement or promotion of homosexual behaviour shall not be capable of being a public purpose.
Indecent act with child under the age of 16A person must not wilfully commit, or wilfully be in any way a party to the commission of, an indecent act with or in the presence of a child under the age of 16 to whom he or she is not married.
Consent is not a defence to a charge under sub-section (1) unless at the time of the alleged offence -
The accused believed on reasonable grounds that the child was aged 16 or older and the accused was no more than 5 years older than the child;
Or
The accused was not more than 2 years older than the child;
Or
The accused believed on reasonable grounds that he or she was married to the child.
The negative stigma associated with homosexuality will be diminished by implementation of these recommendations including:
- Repeal of the Law Reform (Decriminalisation of Sodomy) Act;
- Equalising the ages of consent for homosexual and heterosexual sexual activity; and
- The addition of sexual orientation as a ground of unlawful discrimination under the Equal Opportunity Act
[1] The members of the Committee were Ms Margaret Quirk MLA (Chairperson), Ms Merilee Garnett (representing the Attorney General), Ms Mala Dharmananda (Secretary), Mr Graham Brown, Dr Vivienne Cass, Ms Maxine Drake, Ms Heather Ellis, Mr Christopher Kendall, Mr Dennis Madden, Mr Damian Meyer, Ms Louise Pratt MLC, Mr Robert Smith, Mr Shaun Temby, Ms Midge Turnbull, Ms Giz Watson MLC.
[2] McBain v State of Victoria & Ors (2000) EOC 93-10
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URL: http://www.austlii.edu.au/au/journals/MurdochUeJlLaw/2001/24.html