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Same Sex: Submissions

The President Human Rights & Equal Opportunities
National Enquiry Right to Non Discrimination for Same Sex Couples.

(1) Re:-ComSuper Entitlement Legislation Precluding Same Sex Couples from receiving the 67 % flow to the surviving partner.

The Commonwealth Superannuation Board late last year issued a notice to all Commonwealth Superannuants which defines the eligibility of the 67% transfer of a deceased married Superannuant to their Wife /Husband/ Partner.
Such notice precludes same sex couples in a long time relationship from receiving such flow on as it is only valid for hetrosexual married couples.

There are a number of married Ex-Commonwealth Employees
who contributed the whole of their working lives to the Commonwealth Superannuation Schemes and some who have in latter life been diagnosed GID and T/S undergoing SRS to align their mind and body.This requires a name change to match their adjusted physiology and also sex thus rendering them same sex as their wife/husband /defacto.
As mature couples in this situation the afore situation impacts
financially on the surviving member of the couple as they have included the 67% flow on to help support their surviving partner!

(2) Re Centrelink Legislation which precludes a Married Couple with one member T/S from receiving an ongoing Married Couple Pension /Part Pension.
Centrelink Legislation at present excludes married couples ,one of whom is T/S and has undergone realignment surgery from receiving on going married pensions/part pensions. When one is miss- diagnosed early pre marriage and the GID T/S condition becomes too much to bare post marriage in maturity such Centrelink legislation imposes huge financial dis-advantages on the mature couple who have planned their later life which includes Centrelink Married Pension /Part Pension! T/S is not a condition of choice !

The married couple in this situation become two individual persons and the cut off  of allowable income for pensions /part pensions between married and single imposes great hard ship in elligibility for a  pension discriminatory in this situation.
The innocent significant other wife/husband/defacto is penillised for the condition and remedial treatment of the T/S member. Many non T/S partners are 70 or over and cannot afford to loose their married pension/part pension and the many concessions which accompany the Pension/Part Pension as they have no other source of funds!

 The two pieces of Federal Legislation above impact on many GID,T/S married couples despite all our working lives we have both paid our taxes and Super contributions we have been ignored and discriminated against because we are a minority in the greater Australian Community.

Your consideration and recomendation to the Federal Government to address and introduce Legislation to the plight of T/S married couples who are at present in No-Man's Land.

Thank you for your assistance and hope you succeed in bringing Australian Federal Anti-Sexual Discrimination Legislation in line with International Legislation.

Yours Faithfully   
 Deanne(David) Scobie