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On 1 October 2010, the Commission released a Research Paper and a Discussion Paper informing participants of the current legal protections from discrimination and providing questions for response.

In October 2010, the Australian Human Rights Commission (the Commission) launched a consultation regarding the human rights of lesbian, gay, bisexual, trans and intersex (LGBTI) people in Australia. This consultation process sought views from affected individuals and organisations about the steps that they felt would provide better human rights protection for LGBTI people in Australia.

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...

Equality for people of all sexual orientations and sex/and or gender identities is supported by international human rights agreements which Australia has agreed to observe. Taking steps to achieve such equality is the responsibility of the federal government. For this reason, the Commission is particularly pleased by the Government’s commitment to introduce federal protections from discrimination on the basis of sexual orientation and sex and/or gender identity.

Experiences of discrimination differed greatly depending on whether the discrimination was based on a person’s sexual orientation or on a person’s sex and/or gender identity.

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:

‘A reference in this Part to a person being transgender or a transgender person is a reference to a person, whether or not the person is a recognised transgender person:

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.

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.

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.

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.

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 rights, for example, the right to social security. The chapter also explains how discrimination against parents on the grounds of sexual orientation can impact on the rights of their children.

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.

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.

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 Commission recognises that terminology can have a profound impact on a person’s identity, self-worth and inherent dignity. The use of inclusive and acceptable terminology empowers individuals and enables visibility of important issues.

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.

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.

During the consultation, the Commission received a number of comments regarding exemptions from potential federal protection from discrimination on the basis of sexual orientation and sex and/or gender identity. Many participants who supported new protections from discrimination argued that there should either be narrow or no exemptions at all. Some participants, particularly those affiliated with faith-based organisations, argued that there should be some exemptions in order to protect the human rights of freedom of religion and belief and freedom of expression.