Problem And Shortcoming Of Queensland Not Having A De Facto Relationship Act All Saints Anglican School Essay

3103 words - 13 pages

DE FACTO RELATIONS
REGARDING
Commonwealth Powers (De Facto) Act 2003
Executive Summary
The form and pass of the proposed De Facto Relationships Act 2018 in the Australian Parliament will override any existed state or territory laws regarding De facto Relationship, when all states will be able to reach the common ground. It best regulates De facto law uniformly in Australia (including its external territories) and it best addresses the fundamental problem of separated state laws and for Queensland without such an act and hence protect Australian De facto couples’ interest and legal status nationwide and worldwide.
·
Table of Contents
Page
1. Introduction 4
2. Findings 5-7
2.1 Current Legislation. 5
2.2 Comparsion of Commonwealth Act and Australian State Laws 5-6
2.3 Affected Stakeholders under current law 6-7
3. Recommendations. 7-9
3.1 Amendment/Improvement 7-8
3.2 Proposed Amendment (Bill). 8-9
4. Evaulation 9-11
5. Conclusion. 11
6. Appendices 12-12
7. Biblography. 12-14
1. Introduction
1.1 Significance of the report
The significance of this report is to investigate and evaluate the
shortcomings and problem of Queensland without a De facto
Relationship Act, thus making recommendations of further
changes to the current act or to analyse whether a legislation is
needed.
1.2 Key Issues
A form and pass of federal law regarding De facto Relationship will override any existed state or territory laws regarding De facto Relationship and all states will be able to reach the common ground, which best addresses the fundamental problem of Queensland without such an act and hence protect Australian De facto couples’ interest nationwide.
1.3 Sources of information – Primary
Sources of primary information that were used were the
Commonwealth Powers (De Facto) Act 2003, (NT) De facto
Relationships Act 2011, (NSW) De facto Relationships Act 1984,
(WA) Interpretation Act 1984, (VIC) Relationships Act 2008 and (TAS) Relationship Act 2003.
1.4 Sources of information – Secondary
Sources of secondary information that were used were several
newspaper articles and online websites.
2. Findings
2.1 Current Legislation
Whilst there is a Commonwealth Powers (De Facto) Act 2003,
Queensland is the only state in Australia without a De facto
Relationships Act. There are laws regarding De facto
relationships existing in all other states and they are currently
in affect to residents in those particular states or territories.
They are the (NT) De facto Relationships Act 2011, (NSW) De
facto Relationships Act 1984, (WA) Interpretation Act 1984,
(VIC) Relationships Act 2008 and (TAS) Relationships Act
2003. What are some of the differences and contradictions
between the state laws themselves/ the state laws and the
Commonwealth Act?
2.2 Comparison of Commonwealth Act and
Australian State Laws
The Commonwealth Powers (De Facto) Act 2003 is currently
in effect in Queensland, which defines a De facto relationship
as a marriage-like relationship (other than a legal marriage)...

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