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

The following images are a visual representation of various human rights. Some images may be associated with more than one right. Key rights that may be associated with images are equality, right to vote, nationality, identity, freedom from persecution, labour rights, freedom of speech, leisure, participation, education, shelter.

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.

‘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:

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...

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.

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

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:

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.

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 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.

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.

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.

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.

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:

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.

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.