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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 father ...

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.

The following chapter summarises the findings and recommendations made in each of Chapters 4 – 16 in this report. This chapter should be read in conjunction with Appendix 1 which sets out the list of legislation to be amended in order to eliminate discrimination against same-sex couples and their children.

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.

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 treated differently to genuine opposite-sex couples.

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 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.

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

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

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

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.

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.

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.

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

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.

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: 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.