Note that since amendment the definition does not include the sex of either party.
Whilst this amendment may allow for some entitlements for same sex couples in a de facto relationship, there are still many laws which discriminate against same sex couples. Homosexual couples cannot adopt children, receive artificial reproductive treatment or marry. Additionally, a same sex couple may not leave superannuation benefits to a partner in the result of death.
Under the current law in NSW, people in same sex relationships are not permitted to adopt as couples, but may apply to adopt as individuals. This may seem as a viable alternative in theory, but in reality lengthy waiting lists for adoption make it virtually impossible for individuals to adopt. .
This leaves gay and lesbian couples to seek other methods of becoming parents, including artificial insemination. Whilst artificial insemination is legal and available to all women through fertility clinics in NSW, many clinics may not allow lesbian or single women to access their service. This may be unlawful under NSW anti-discrimination laws but so far has gone untested in court. Another method in use by lesbian couples is self-insemination. Although there is no law in NSW that makes self-insemination illegal, the procedure may be breaching the Human Tissue Act 1983 which regulates the trading of human tissue. As with clinic discrimination, the process of self-insemination in relation to the Human Tissue Act 1983 has gone without hearing in court and therefore its legality has gone unchallenged.
In addition to laws regarding children and marriage, lesbian and gay relationships are not recognised by federal superannuation laws. While superannuation funds require gay men and lesbians to fill out forms detailing who they wish to receive benefits upon their death, these forms are not legally binding. The final word is under the control of the trustees of the superannuation fund.