In 2007, the Australian Human Rights and Equal Opportunity Commission found that same-sex couples and their children are denied many everyday entitlements and benefits available to heterosexual Australians.
At least 58 federal laws discriminate against same-sex couples and their children.
Here are just a few examples:
Employment: Same-sex couples and families are not guaranteed carer’s leave, compassionate leave, parental leave or equal travel entitlements. Same-sex partners are not eligible for workers’ compensation under ComCare if their partner is killed at work.
Taxation: Same-sex couples are not entitled to a range of tax concessions, including the dependent spouse tax offset, capital gains tax concessions, and fringe benefits tax exemptions. Same-sex couples may pay a higher Medicare levy and surcharge and do not get equal access to the baby bonus, child care tax rebate and medical expenses tax offset.
Health Care Costs: A same-sex family cannot access the Medicare Safety Net or Pharmaceutical Benefits Scheme as a family, meaning a family must spend more to qualify for health care subsidies.
Veterans’ and Defence Entitlements: The same-sex partner of a veteran is not eligible for many entitlements, including the war widow/widower’s pension and bereavement entitlements. Employees with same-sex partners in the Australian Defence Force may be denied low-interest home loans.
Family Law: Same-sex couples cannot access the Family Court. A child living in a same-sex family may be denied equal rights to child support and definitions of a ‘parent’ in family law create uncertainty for a child following the separation or death of parents.
Superannuation: The surviving same-sex partner of a federal public servant cannot access superannuation death benefits and same-sex couples cannot take advantage of superannuation contributions splitting and super tax offsets.
Social Security: Same-sex couples are treated as ‘individuals’ under social security law meaning that some may be advantaged, but others will not be entitled to a range of benefits including the partner allowance, bereavement benefits and concession card benefits. A young same-sex couple will have to pass more rigorous income tests to qualify for Youth Allowance.
Aged Care: A person in a same-sex couple will generally pay more for residential aged care than a person in an opposite-sex couple, due to discriminatory assets and income tests.
Migration: With the exception of two visas, same-sex couples are denied equal access to a full-range of work, study, protection and other visas available to opposite-sex couples.
Find the full list of legislation in the Same-Sex: Same Entitlements report by the Human Rights and Equal Opportunity Commission: www.humanrights.gov.au/human_rights/samesex
Supported by:
Action Reform Change Queensland
Parents and Friends of Lesbians and Gays
Queensland Association for Healthy Communities
Same Sex: Same Entitlements The Human Rights and Equal Opportunities Commission (HREOC) has recently concluded an inquiry into federal entitlements for same sex couples.
http://www.humanrights.gov.au/human_rights/samesex/report/index.html
Age of Consent Queensland still has an unequal age of consent for anal sex (18 years) compared to 16 years for other types of sex. This law particularly affects young gay men, effectively criminalising them. Learn more on this extensive website by activist John Frame.
http://www.queerradio.org/AgeOfConsent.htm
At least 58 federal laws discriminate against same-sex couples and their children.
Here are just a few examples:
Employment: Same-sex couples and families are not guaranteed carer’s leave, compassionate leave, parental leave or equal travel entitlements. Same-sex partners are not eligible for workers’ compensation under ComCare if their partner is killed at work.
Taxation: Same-sex couples are not entitled to a range of tax concessions, including the dependent spouse tax offset, capital gains tax concessions, and fringe benefits tax exemptions. Same-sex couples may pay a higher Medicare levy and surcharge and do not get equal access to the baby bonus, child care tax rebate and medical expenses tax offset.
Health Care Costs: A same-sex family cannot access the Medicare Safety Net or Pharmaceutical Benefits Scheme as a family, meaning a family must spend more to qualify for health care subsidies.
Veterans’ and Defence Entitlements: The same-sex partner of a veteran is not eligible for many entitlements, including the war widow/widower’s pension and bereavement entitlements. Employees with same-sex partners in the Australian Defence Force may be denied low-interest home loans.
Family Law: Same-sex couples cannot access the Family Court. A child living in a same-sex family may be denied equal rights to child support and definitions of a ‘parent’ in family law create uncertainty for a child following the separation or death of parents.
Superannuation: The surviving same-sex partner of a federal public servant cannot access superannuation death benefits and same-sex couples cannot take advantage of superannuation contributions splitting and super tax offsets.
Social Security: Same-sex couples are treated as ‘individuals’ under social security law meaning that some may be advantaged, but others will not be entitled to a range of benefits including the partner allowance, bereavement benefits and concession card benefits. A young same-sex couple will have to pass more rigorous income tests to qualify for Youth Allowance.
Aged Care: A person in a same-sex couple will generally pay more for residential aged care than a person in an opposite-sex couple, due to discriminatory assets and income tests.
Migration: With the exception of two visas, same-sex couples are denied equal access to a full-range of work, study, protection and other visas available to opposite-sex couples.
Find the full list of legislation in the Same-Sex: Same Entitlements report by the Human Rights and Equal Opportunity Commission: www.humanrights.gov.au/human_rights/samesex
Visit www.glrl.org.au/58 and take action now!
Supported by:
Action Reform Change Queensland
Parents and Friends of Lesbians and Gays
Queensland Association for Healthy Communities
Same Sex: Same Entitlements The Human Rights and Equal Opportunities Commission (HREOC) has recently concluded an inquiry into federal entitlements for same sex couples.
http://www.humanrights.gov.au/human_rights/samesex/report/index.html
Age of Consent Queensland still has an unequal age of consent for anal sex (18 years) compared to 16 years for other types of sex. This law particularly affects young gay men, effectively criminalising them. Learn more on this extensive website by activist John Frame.
http://www.queerradio.org/AgeOfConsent.htm