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The Commission is an national independent statutory body established under the Human Rights and Equal Opportunity Commission Act 1986. It has a President and five Commissioners. The five positions are currently held by three persons. Please refer to the organisational chart on page 16 for further information.

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.

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:

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.

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.

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.

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.

As discussed in Chapter 2 of this report, WORKability I: Barriers highlighted two specific areas for ongoing consultation with the Department of Employment and Workplace Relations, namely:

The Council of Australian Governments (COAG) National Partnership Agreement for Remote Service Delivery came into effect in January 2009 and will run to 30 June 2014. It is a joint commitment by all Australian governments to a ‘concentrated and accelerated approach to tackle deep-seated disadvantage’ in remote communities.[1] The Partnership is premised on a place-based initiative, targeting 29 remote priority locations across Australia for a whole-of-government approach to service delivery. [2]

[1] The full text of the Bilateral Agreement is available online at: http://www.dia.wa.gov.au/Publications/Files/Bilateral_Agreement.pdf, accessed 24 January 2008. [2] Andrews, K., (Minister for Employment and Workplace Relations), CDEP 2006-07 To Build On Success, Media Release, 1 July 2006. [3] Bishop, J., (Minister for Education, Science and Training), Early childhood focus for Indigenous education, Media Release, 7 July 2006, available online at: http://www.dest.gov.au/Ministers/Media/Bishop/2006/07/B001070706.asp, accessed 24 January 2008.

Media Pack Homepage Statements by Dr Sev Ozdowski, Human Rights Commissioner (Audio Files for Download) Inquiry Commissioner and Assistants Biographies About the Inquiry Inquiry Methodology Terms of Reference Useful Links and Resources

WORKability I: Barriers noted that many employers are afraid of the 'unknowns' that may arise when employing people with disability. [1] On the one hand, this is the case with any new employee and the way to deal with the risk is to have a probationary period in an employment contract. On the other hand, several First Round Submissions suggested that a 'risk-free' opportunity to test an employment relationship with people with disability would be an incentive to employers to take on new employees with disability.

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.

WORKability I: Barriers noted that one of the main impediments to the employment of people with disability lies in employer concerns about increased exposure to legal and financial risks related to occupational health and safety, disability discrimination and unfair dismissal laws. [1]