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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.

The same-sex partner of a federal government employee is denied access to certain superannuation and workers’ compensation death benefits available to an opposite-sex partner.

Same-Sex: Same Entitlements Report back to Contents Glossary Term Explanation adoptive parent A person who has legally adopted a child. ART assisted reproductive technology. ART child A child conceived through ART. assisted reproductive technology Conception other than through intercourse, including in vitro fertilisation, clinically-assisted donor insemination and self-insemination. birth…

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground...

This chapter describes how the Inquiry gathered information and community views about discrimination against same-sex couples and their children. In particular, the chapter addresses the following questions:

This chapter explains how the provisions of international human rights treaties protect same-sex couples and their children, in the context of accessing financial and work-related entitlements. In particular, this chapter focuses on the right to non-discrimination on the grounds of sexual orientation. It also describes how the breach of that right can interfere with a range of other basic human…

It is simple to remove discrimination against same-sex couples in laws conferring financial and work-related benefits: amend the definitions describing a couple to include same-sex and opposite-sex couples alike.

Protecting the best interests of a child is one of the most important principles of international law and the Convention on the Rights of the Child (CRC) in particular. This chapter focuses on whether federal law currently protects the best interests of a child being raised by lesbian or gay parents.

Employment is fundamental to the lives of Australian families. For many individuals, work is their major activity outside the home, and ensures their family’s financial security.

Workers’ compensation schemes are intended to provide compensation to an employee who is incapacitated because of a work-related accident or to an employee’s dependants if the employee dies because of a work-related accident.

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.

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.

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

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.

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.

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.

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.

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…

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.

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.