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

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…

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:

When I was a kid, I thought that, when I grew up, I might l like to be an astronaut or an actress, or a lawyer fighting for clients on death row. It changed by the season. But at no point, that I can remember, did I want to grow up to be gay.

Tom O'Connor spoke about his experiences of discrimination in the workplace. He described how the discrimination and harassment that he experienced affected his partner's career options as he was unable to support his partner when he wanted to study.

Read the Same-Sex: Same Entitlements Report, which outlines human rights protection in areas such as marriage, family law, employment, and health care.

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.

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.

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.

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...

Review the Same-Sex: Same Entitlements Report, which was collated after 18 community forums were held around Australia in 2006.

The Inquiry held seven formal public hearings around Australia between 26 July 2006 and 20 October 2006. Overall, 32 organisations and 44 individuals appeared at the public hearings.

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…

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.

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:

Photos of the Launch Hon. John von Doussa QC, President HREOC Grame Innes, Human Rights Commissioner Susan Everingham Peter Fitzsimons Fran Kelly People at the Launch

The following is a selection of extracts from these stories.[1] The stories demonstrate the compound effect of discrimination against same-sex families in the area of financial and work-related entitlements.

1. The President, Mr John William von Doussa QC, and the Human Rights Commissioner, Mr Graeme Gordon Innes AM, will conduct an inquiry (the Inquiry), on behalf of the Human Rights and Equal Opportunity Commission, into laws regarding financial and employment-related entitlements and benefits to consider the impact of those laws on: