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The Same-Sex: Same Entitlements Inquiry was launched by the Human Rights and Equal Opportunity Commission (HREOC) in April 2006. The final report of the Inquiry was completed in May 2007 and transmitted to the federal Attorney-General.

This is an Inquiry into discrimination against same-sex couples regarding access to financial and work-related entitlements and benefits. Many of Australia’s laws exclude same-sex couples from financial and work-related entitlements and benefits that are enjoyed by heterosexual couples. For example, same-sex couples do not enjoy the same tax and health concessions as other de facto couples and they may not have the same rights to pensions and other social security benefits as heterosexual couples.

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:

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...

The 2006-07 year has been largely dedicated to identifying and eliminating the discrimination faced by people in same-sex relationships in accessing basic financial and work-related entitlements.

A community guide to the National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits

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.

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.

The 2007-08 year has involved work on a wide range of human rights issues. This year we set ourselves the task of creating a significant human rights resource on the Human Rights web pages of the HREOC website.

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.

The Inquiry Team: Vanessa Lesnie, Kate Temby, Susan Newell, Samantha Edmonds, Kate Fitzgerald, Emily Gray, Frances Simmons, Alessandra Krilis, Jemma Hollonds, Avril Cox

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.

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.

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.

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.

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.

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.

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.

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.