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Social security is an income support system that acts as a safety-net for people who, for some reason, are unable to financially support themselves. Entitlements to social security are largely governed by the Social Security Act 1991 (Cth) (Social Security Act) and the A New Tax System (Family Assistance) Act 1999 (Cth) (Family Assistance Act). The payments are usually administered by Centrelink.

Same-sex couples are not eligible for a range of rebates and tax concessions available to opposite-sex couples. This means same-sex couples may end up paying more tax than opposite-sex couples because tax legislation does not recognise their relationship.

Many same-sex couples who appeared at the Inquiry’s community forums talked about the problems they face in getting visas. They highlighted the limited options available to a same-sex couple wanting to migrate to Australia as a couple. They talked about the additional expense and disruption to their lives in proving their entitlement to a visa. And they talked about the indignity of being…

The issue of divorce never arises for same-sex couples, since they cannot legally marry. However, a same-sex couple, like an opposite-sex de facto couple, may need the assistance of a court to resolve property and child-related issues if their relationship breaks down.

As part of the Inquiry’s audit of federal, state and territory laws, the Inquiry has identified a range of laws which potentially discriminate against same-sex couples and families, but do not fall within the previous topic-specific chapters.

The following is a summary of the findings and recommendations made in the full report. It substantially represents the content of Chapter 18 of the full report of the Same-Sex: Same Entitlements Inquiry.

This discussion paper briefly discusses federal laws which exclude same-sex couples from accessing financial and work-related entitlements. The paper discusses the following areas of federal law:

Reports on complaints of discrimination on the grounds of sexual preference, criminal record and trade union activity are available on our discrimination in employment and occupation page.

Changing the definitions describing de facto relationships in relevant federal laws could help end daily discrimination suffered by more than 20,000 same-sex couples in Australia, according to a report by the Human Rights and Equal Opportunity Commission (HREOC), tabled in Federal Parliament today.

This chapter focuses on discrimination against same-sex couples and their families in the context of access to the Medicare and Pharmaceutical Benefits Scheme (PBS) Safety Nets.

Organisations and individuals raised a range of issues with the Inquiry that did not fall strictly within its Terms of Reference. Where these issues relate to one of the main chapters of this report, they are discussed within that chapter.

When people enter an aged care facility they usually have to pay certain daily fees and other payments to fund their care and residence. The Aged Care Act 1997 (Cth) (the Aged Care Act) sets out how those fees and payments should be calculated in both public and private aged care facilities.

The following 58 laws must be amended to eliminate discrimination against same-sex couples and their children in the area of federal financial and work-related entitlements.

This chapter focuses on discrimination regarding the entitlements available to veterans of the Australian Defence Forces who have a same-sex partner or children.

The experience of people in rural and remote Australia has always featured prominently in the Commission's work. During the reporting year the Commission undertook two major projects addressing the human rights of children and young people in rural and remote Australia.

Superannuation is one of the main ways of saving for retirement. It is designed to provide financial security for individuals and their families in retirement; or when a person dies unexpectedly.

1. The federal government should amend the discriminatory laws identified by this Inquiry to ensure that same-sex and opposite-sex couples enjoy the same financial and work-related entitlements.

The Inquiry received submissions from 680 different individuals and organisations. Some provided submissions in response to both the first and second round discussion papers.

Explore the Same-Sex: Same Entitlements media kit and fact sheet, which outline human rights protection in areas like marriage, family law, and employment.

We are pleased to present Same-Sex: Same Entitlements, the Human Rights and Equal Opportunity Commission’s report of the National Inquiry into Discrimination Against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits.