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Same Sex: Speech

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

Opening Statement for Public Hearing

Adelaide, 28 August 2006


John von Doussa QC, President 



I begin by

acknowledging the traditional owners of the land on which we are meeting and pay

my respects to the elders both past and

present.


I would also like

to thank the Equal Opportunity Commission of South Australia for hosting us here

today.


Welcome


Welcome

to the Human Rights and Equal Opportunity Commission public hearing on the National Inquiry

into Discrimination against People in Same-Sex Relationships: Financial and

Work-Related Entitlements and Benefits.


We call this the Same-Sex: Same

Entitlements Inquiry for

short.


What

is this Inquiry about?


This

Inquiry is about equal rights for gay and lesbian couples trying to access the

financial entitlements and work benefits that heterosexual couples take for

granted.


The right to

non-discrimination and the right to equality before the law are two of the most

fundamental principles of human rights law. Yet there are a raft of laws on

Australia's books that clearly deny certain rights to gay and lesbian

couples.


Our goal is to

identify those discriminatory laws, explain the impact of those laws on real

people and recommend changes to those laws so that the discrimination

disappears.



What

is today's hearing

about?


This morning we are

holding the third of seven public hearings that will take place in capital

cities all around Australia. During these hearings we hope to gather more

information from selected organisations and individuals who have already made

written submissions to the

Inquiry.


In addition to

formal public hearings, we are holding informal community forums in capital

cities and regional areas. The purpose of those forums is to allow any

individual to share their views and experiences with the Inquiry. One of those

forums will take place tonight in Adelaide and another tomorrow in Murray

Bridge.


These two types of

consultations mark the second phase of the Same-Sex: Same Entitlements

Inquiry.


What

has happened so far in the

Inquiry?


The first phase of

the Same-Sex: Same

Entitlements Inquiry commenced on 3

April this year. At that time we published a Discussion Paper outlining some of

our preliminary research. We also invited any individual or group to provide us

with written submissions.


We have been delighted with

the response. We now have 350 written submission from individuals and

organisations.


What

do the written submissions talk

about?


The written

submissions cover many issues, including leave entitlements, workers'

compensation, social security, Medicare benefits, superannuation death benefits

and taxes.


It is not

surprising that these issues preoccupy many in the gay and lesbian community.

After all, everyone struggles to minimise expenses and maximise income to

provide financial stability during life and to leave one's family in the

best possible situation after death.


But it is disappointing

that there are so many laws which make it so much harder for gay and lesbian

couples to manage their finances, when compared to heterosexual couples.


We are very concerned by

the large number of submissions that describe the considerable stress and

anguish caused to gay and lesbian couples by these discriminatory

laws.


For example, some

submissions describe how a gay man, unlike a heterosexual man, may be denied

access to his partner's superannuation benefits if his partner worked for

the Commonwealth public

service.


Other submissions

tell us that a lesbian woman, unlike a heterosexual woman, cannot claim tax

rebates for child care. Nor can she claim a tax offset for her dependent

partner.


And if a gay

couple needs medical treatment and medication, they must spend more than a

straight couple before they get the benefit of the Medicare Safety Net or the

Pharmaceutical Benefits Scheme

protections.


The submissions

describe the financial strain that these discriminatory laws place on gay and

lesbian couples. They also suggest that the law treats gay and lesbian couples

as second class citizens, not deserving of the same rights as heterosexual

couples. As one person put it:

I

am "first-class taxpayer but second-class

citizen"[1]

Another person expressed his

frustration as follows:

The

inequalities embedded in current legislation are obvious and are inexcusable.

"Understanding, tolerance and inclusion" are said to be values of the Australian

community. Current legislation tells another

story.[2]


What

are we going to hear about

today?


Today we are going to

hear from a variety of organisations who will tell us more about the

discriminatory laws on the books, how they work and how they should be changed.


We will also hear from a

few individuals who have kindly agreed to tell us about how they have tried to

cope with the impact of discriminatory laws. In particular we are interested in

the way the South Australian laws impact on gay and lesbian couples since it is

quite different in this State than it is in other states and

territories.



What

are the rules of the

day?


For the media in the

room, you should check in with the Commission's staff. They have some

printed notes for media on confidentiality and privacy issues that may

arise.


If there are any

individuals in the room who do not wish to be identified, you should also speak

to Commission

staff.



How

will the proceedings be

recorded?


The Commission

will be recording all of the testimony on audio files. We will attempt to place

those files on our website as soon as possible.


We will also be taking

notes from the proceedings and will be placing a summary of those notes on the

website.



What

documents are available?


You

can obtain a written copy of the Agenda from Commission staff if you would like

to see a full list and approximate timetable of the people who will be appearing

today.


In addition we have a

one page document giving some background to the Inquiry ( a green document).


And if you are sitting in

the audience and would like to provide some comments to us about the proceedings

today (a blue form) or about the issues we are talking about (a pink form)

please see our

staff.



Conclusion


We

expect to learn a lot by the time lunchtime comes around. We hope that those in

the audience do too.


[1] Submission 295, Dr Jeremy Field.

[2] Submission 288, James Duncan.