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Same-Sex: Forum: Daylesford

Same-Sex: Same Entitlements

National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits

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WRITTEN AND AUDIO NOTES


NOTES FROM DAYLESFORD COMMUNITY FORUM 6.30pm - 8.30pm (28 September 2006)

No audio files are available for this forum.

Sixteen people attended the community forum at Daylesford and discussed a range of issues.

The following is an overview of the comments made during the community forum.

These comments reflect the views of the participants in the forum, they do not necessarily represent the final conclusions of the Inquiry.

Workplace discrimination

Chris Gill - Coordinator, Education and Consultancy Unit, EOCV

Chris talks about how under state law, domestic partners include both married people and those who are living together in a marriage-like relationship. He says that to establish the existence of such a relationship the following things are taken into account: the amount of time you have been together; statements by parties about the meaning of the relationship; the existence of shared bank accounts; joint ownership of property; care of children etc. In employment it is only necessary for people in same-sex relationships to say that they are domestic partners. The higher level of proof is only necessary when relationships break down.

Chris says that any workplace benefit in Victoria that refers to spouse also has to refer to domestic partner. He also says that carer's leave and personal leave have to apply to same-sex partners.

Chris lists some of the things which constitute workplace discrimination: name calling; threatening behaviour; rude emails; intimidating performance management; and any behaviour which makes people feel uncomfortable, threatened, embarrassed or humiliated. He also says that employment covers all aspects of a person's job, including hiring, training, travelling and the Christmas party. He says that anti-discrimination law covers: age; physical features; sex; race (which includes culture and nationality); marital status; parental studies; pregnancy; carer status; breastfeeding; political belief; religious beliefs; accommodation and education.

Chris notes that access to leave (holiday leave, sick leave, compassionate leave, carer's leave) are all covered by the Equal Opportunity Commission of Victoria Act.

Chris concludes by outlining how to make a complaint with the Equal Opportunity Commission of Victoria.

Defence forces

One man who is an ex-member of the defence force with a total and permanent injury resulting from his time in the defence force, says that under the current law same-sex partners of veterans don't have access to veteran's entitlements. He says that his partner made an application to get the pension, and was refused purely on the ground that they are of the same sex.

He also notes how he got a loan from the Defence Service Homes Company. He says that in circumstances of different sex partners, both persons' names are allowed to go on the title as co-owners of the property, but that in his situation, only his name can go on it. He says that the fact that his partner is not allowed to be the co-owner of the property is very stressful for both of them, and would be especially troublesome should the veteran pre-decease his partner.

Parenting

One woman talks about how she had to drive to Albury to use the ART (assisted reproductive technology) clinic there, as lesbian women are not allowed access to the technology in Victoria. She said after a year of trying and driving to Albury, she was finally declared medically infertile, and after that was able to use the clinics in Victoria. She says that she knows a lot of other lesbian women living in Victoria who have been forced to do the same thing.

Another woman talks about how she was the non-birth mother of her children for many years, and was the children's main carer. However, since separating with their birth mother, she now has no legal access rights to those children at all. She says this makes her feel very insecure and stressed.

Superannuation

One woman notes that throughout her working life, she has been through various superannuation funds, including Government super and Uni super. She says that she is always trying to balance out the benefits. She says that even though she is in a more progressive fund now, it still seems to be at the discretion of the board or company that they can still nullify any nomination she makes to her same-sex partner. She says that she has now made a binding agreement, but it was a long while before she knew of their existence. She also emphasises that it is not until you know the questions to ask, can you find out what benefits you do and do not have.

Another woman, who is the non-biological mother of her children, says that her superannuation fund did not allow her to nominate her children because she is not their biological mother. She says that even though she and her partner have very good Wills for which they paid a lot of money, the ultimate decision would still reside with the trustees of her superannuation fund.

Employment

One woman says that her workplace would not grant her any leave to look after her partner's very ill parents, whereas this kind of leave has to be granted to married or de facto opposite sex partners.

Relationship recognition

One Australian couple who were married in Canada, and who lived in Canada for a number of years, say that the lack of relationship recognition here really impacts upon their state of mind. They notice a stark difference between living in Australia and living in Canada, in terms of feeling 'normal' and not having forms and institutions question their relationship status. They say that when they moved back to Australia, they realised how much more restricted their life felt. They also say that while the bastions of social homophobia remain, people will be able to continue to justify discriminating against people in same-sex relationships.

Other issues

One woman notes the case of her friends who have been a heterosexual married couple for ten years. Recently, the male changed gender, so they now find themselves in the situation where they would have to separate for her gender to be changed on her birth certificate. So effectively they would have to divorce to change her gender, even though the two of them are still very much in love and are never going to separate.