We moved for Tasmanian law

LEE EGGLESTON
We moved to Tasmania because we wanted a lifestyle change, a career change, and a climate change. But most importantly, it was because Tasmania was very proactive as far as gay rights and relationships were concerned.
We had gone as far as we could in NSW, in terms of getting our power of attorney and securing guardianship.
But Tasmania was different because the government had actually gone so far as to integrate the relationship registry into a lot of their legislation.
I am a Commonwealth public service employee and in NSW we had problems with my superannuation. For Wayne to be eligible to any benefits from the superannuation, we had to prove interdependence. This was also complicated by the fact that I was divorced with kids, which made the situation regarding superannuation quite unclear.
If we were a heterosexual couple, there would be absolutely no issue and Wayne would have qualified for a pension or lump sum payments before I carked it.
When we got here, we asked to be a part of the relationship registry. I suppose it is further proof of our interdependence, you just feel on such shaky ground when you are dealing with places like government departments and hospitals. But if you have got something like this, it gives you extra security.
Our closest friends here in Tasmania also got their deed of relationship. You can either apply for a caring relationships certificate or a significant relationships certificate.
We have never struck any prejudice here, I suppose working in public service quarantines us a little from any adverse reaction at work. The public service is traditionally pretty accepting of gay people.
And as far as other people we have met, it really hasn’t been an issue. We have travelled widely all over the state, stayed at B&B’s, hotels and motels, and we have never ever been put in an uncomfortable position.
WAYNE NEILSON
We visited Tasmania after Mardi Gras a couple of years ago and noticed the changes with the legislation regarding same sex relationships. That was very attractive to us.
At the time we were going through the issue of superannuation, in regards to the differences between Lee’s super and my super.
I was employed with the Department of Education so it was state super. And the Teachers Federation was very proactive and strong in its same sex focus. So I was able to nominate Lee as my beneficiary.
But Lee’s super was quite different because it fell under John Howard’s Commonwealth legislation. Of course, they don’t want those strange homos getting all the money.
In Tasmania, the ease with which we could communicate with government departments seemed a lot fairer and easier than in NSW.
The main reason for wanting to be on a relationship registry was security. In addition we have got enduring guardianship, which we also had in NSW. But up there, it didn’t mean anything – you had to carry it around in your back pocket.
We also wanted to be recognised for the emotional status of our relationship. Gay relationships are not just about sex and bums and cocks.
Both of us have had very good experiences with people here. Whether it is communicating with the public, or making contact with one another in a restaurant, people don’t blink an eye. I think more people blinked in Oxford St, Sydney, than they have here in two years.
As told to Cara Davis
LAWS AT A GLANCE:
How is the Tasmanian registry different to the Sydney City registry?
Municipal registries like Sydney’s do not offer the wide range of relationship rights and entitlements found in state law.
How is the Tasmanian registry different to marriage or civil unions?
Tasmania’s registry was designed to formalise the unions of partners who can’t or don’t wish to marry. It is available to a much wider range of relationships than marriage or marriage-like civil unions.
What about rights in Federal law or in other countries?
Tasmanian Deeds of Relationship are not yet comprehensively recognised in federal law, although they can be used to help prove the existence of a relationship in areas like immigration and defence force benefits. Countries like Britain automatically recognise Tasmanian registered relationships as civil unions.
Are other states planning registries?
The Victorian Government is committed to establishing a registry this year, and the Federal ALP is committed to nationally-consistent registries in each state, which are recognised in federal law. If you want a registry in NSW contact Attorney-General, John Hatzistergos on (02) 9228 4977, fax (02) 9228 3600 or email [email protected].
For more on the Tasmanian registry visit www.relationshipstasmania.org.au.