24 November 2008 - Historic same-sex reforms pass Senate, as 58 '08 campaign comes to a close

The Gay & Lesbian Rights Lobby (GLRL) today welcomed the passage of the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Bill 2008 (Cth) through the Australian Senate.

Following on the heels of the superannuation and family law changes already passed, the General Law Reform Bill consolidates the omnibus same-sex reforms granting same-sex de facto couples and their children equality in all significant federal laws.

“Today is an historic day. The Australian Senate has finally and firmly given its nod to equality for our relationships and families. Our partners and our children can look forward to equality in almost all areas of federal law, from taxation to health and aged care, from immigration to family law”, said GLRL spokesperson, Peter Johnson. 

“Same-sex couples and families are witnessing the tearing up and rewriting of almost all Commonwealth law to finally recognise the truth that all love is equal and nurturing all relationships, regardless of the gender of partners, is important.”  

The Bill rewrites legal definitions of ‘couple’, ‘partner’, ‘parent’, ‘child’ and ‘family’ to include all couples and their children. The changes will grant equal access to entitlements and benefits in federal laws relating to taxation, superannuation, Medicare and health entitlements, social security, veterans’ and defence benefits, migration and workers’ compensation. 

“We congratulate the Rudd Government for honouring its election commitment to gay, lesbian, bisexual and transgender Australians. We acknowledge the Coalition, Greens and Senator Xenophon whose principled and practical support helped ensure the passage of these reforms through the Senate,” added Johnson. 

58 ‘08 campaign comes to a close 

Coming to its close, the GLRL’s 58 ‘08 campaign has been described as one of the most influential in the Lobby’s 20 year history. Over 1,000 personal stories of discrimination and letters of support for the reforms have been delivered to the Commonwealth Attorney-General since the campaign launch in February 2008. 

“The 58 ‘08 campaign will go down in the Lobby’s history as one of its biggest and most influential campaigns. The campaign has seen over a thousand write in support of the reforms which has armed Lobby representatives with heartfelt and real stories to present in our meetings with politicians and policy-makers,” said Johnson. 

The letters and stories formed the backbone of lobbying and advocacy, helping to achieve further reforms in family law and child support and consolidate cross-party and public support for the reforms.  In the lead up to the Senate debate on the Bill, the GLRL presented select politicians with a 33-page summary of the letters in a brief titled, ‘Australian Love Letters’. 

“Thank you to the hundreds of Australians who responded to our call to send a letter to the Attorney-General demanding equality in 58 laws by the end of 2008. You ensured the Rudd Government kept its word, and helped secure cross-party support for this reform,” added Johnson. 

The education campaign and implementation begins 

The GLRL will continue working with community organisations, Government departments and legal experts to ensure same-sex couples and their children understand and are prepared for the reforms.   

Whilst some of the reforms will commence as soon as the Bill gets Royal Assent, parts of the reforms will be ‘phased in’ to allow couples and Government departments time to adjust to the changes.

Medicare and PBS changes will commence on 1 January 2009. Some changes, including social security payments, some family tax benefits, Australian passport changes and veterans’ affairs entitlements will commence from 1 July 2009.  No social security payments will be affected until 1 July 2009, even if same-sex couples declare their relationship status to Centrelink.

Same-sex couples will be able to contact Centrelink from March 2009 to find out what the changes will mean for their payments. The GLRL will continue its advocacy on the Centrelink same-sex community reference group to ensure Centrelink get the implementation of the reforms right.  

“Centrelink must take a sensitive approach in the transition towards equality. Whilst many people will benefit from the reforms, those on social security payments who will be adversely affected must be given the time and assistance to readjust their lives and finances”, added Johnson. 

The GLRL will monitor the implementation of the reforms to ensure they are administrated equitably and fairly. The GLRL will be using a grant awarded by the City of Sydney to educate lesbians and gay men about the new reforms. However, a coordinated, comprehensive Government-funded public education campaign is still needed to ensure that all same-sex couples and their children know how the reforms will affect them. 

More details on the GLRL’s education and implementation strategies will be released early in the New Year. 

It’s time to say thanks 

As the reforms finally become law, the GLRL will help lead the community celebrations. By recognising the work of parliamentarians through gestures of thanks, the GLBT community can ensure the door remains open on further law reform. 

“It’s important for GLBT Australians to say thanks to those who have advocated for or spoken in favour of these reforms in Parliament.  Change does not happen without dedicated parliamentarians who stand up for equality and human rights. By thanking them, the GLBT community opens a dialogue on further law reform, whether that be civil unions, marriage or federal anti-discrimination protection”, said Johnson. 

The following parliamentarians spoke in favour of the reforms, including the Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008, Same Sex Relationships (Equal Treatment in Commonwealth Laws – Superannuation) Bill and the Same Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Bill 2008: 

  • The Hon. Arch Bevis, Brisbane (ALP)
  • Senator Simon Birmingham, South Australia (Liberal)
  • Senator Sue Boyce, Queensland (Liberal)
  • Senator George Brandis, Queensland (Liberal)
  • Senator Bob Brown, Tasmania (Greens)
  • Senator Carol Brown, Tasmania (ALP)
  • The Hon. Mark Butler, Port Adelaide (ALP)
  • The Hon. Greg Combet, Charlton (ALP)
  • Senator Trish Crossin, Northern Territory (ALP)
  • The Hon. Annette Ellis, Canberra (ALP)
  • Senator David Feeney, Victoria (ALP)
  • The Hon. Petro Georgiou, Kooyong (Liberal)
  • Senator Sarah Hanson-Young, South Australia (Greens)
  • Senator Gary Humphries, Australian Capital Territory (Liberal)
  • The Hon. Sussan Ley, Farrer (Liberal)
  • Senator Joe Ludwig, Queensland (ALP)
  • Attorney-General, The Hon. Robert McClelland (ALP)
  • Senator Jan McLucas, Queensland (ALP)
  • Senator Christine Milne, Tasmania (Greens)
  • The Hon. Dr Brendan Nelson, Bradfield (Liberal)
  • The Hon. Shayne Neumann, Blair (ALP)
  • The Hon. Graham Perrett, Moreton (ALP)
  • Senator Louise Pratt, Western Australia (ALP)
  • The Hon. Christopher Pyne, Sturt (Liberal)
  • Leader of the Opposition, The Hon. Malcolm Turnbull, Wentworth (Liberal)
  • The Hon. Jim Turnour, Leichhardt (ALP)
  • Senator Penny Wong, South Australia (ALP)
  • Senator Dana Wortley, South Australia (ALP)
  • The Hon. Danna Vale, Hughes (Nationals)
  • Senator Nick Xenophon, South Australia (Ind).