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.
