In 2007, the Australian Human Rights and Equal Opportunity Commission released the final report from its Same-Sex: Same Entitlements – National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Benefits and Entitlements.

The Same-Sex: Same Entitlements report found that same-sex couples and their children were discriminated against in 58 laws relating to financial and workplace benefits and entitlements. Same-sex couples and their children miss out on everyday rights and entitlements that most Australians take for granted.

The report recommended simple changes to definitions in the law to ensure same-sex couples and their children would be recognised in the same way as heterosexual partners and families.

This is not about special rights for same-sex couples. It is about ensuring all couples have equal rights to the same entitlements and benefits.

Some examples of the discrimination under the 58 laws include:

Employment

Same-sex couples and families are not guaranteed carer’s leave, compassionate leave, parental leave or travel entitlements available to opposite-sex couples.

Same-sex partners of MPs, judicial and statutory office holders can only access some travel entitlements.

Employees in the Australian Defence Force with same-sex partners may be denied low-interest home loans available to employees with opposite-sex partners.

Workers’ Compensation

Same-sex partners are not eligible for compensation if their partner is killed at work. Opposite-sex partners are eligible.

Taxation

Same-sex couples are not entitled to a range of tax concessions available to opposite-sex couples, including the dependent spouse tax offset, housekeeper tax offset, child-housekeeper tax offset, capital gains tax concessions when transferring property to a partner and fringe benefits tax exemptions for a partner.

Same-sex couples may not get equal access to the senior Australians tax rebate, baby bonus, child care tax rebate and medical expenses tax offset.

Same-sex couples may pay a higher Medicare levy and surcharge.

Social Security

A same-sex partner is not entitled to a range of benefits available to opposite-sex partners, including the partner allowance, bereavement benefits, widow allowance and concession card benefits.

A young same-sex couple will have to pass more rigorous income tests to qualify for Youth Allowance.

Some discrimination leads to benefits for same-sex couples, who are able to access social security benefits normally only available to singles.

Veterans’ Entitlements

The same-sex partner of a veteran is not eligible for many entitlements available to opposite-sex partners, including the war widow/widower’s pension, bereavement payment, income support supplement, partner service pension and military compensation.

Health Care Costs

A same-sex family cannot access the Medicare Safety Net as a family, meaning a same-sex family must spend more to qualify for extra subsidies.

A same-sex family must spend more to access the Pharmaceutical Benefits Scheme Safety Net.

Family Law

Same-sex couples cannot access the Family Court for property settlements.

A child living in a same-sex family may be denied equal rights to child support under the Child Support Scheme.

Definitions of ‘parent’ in family law create uncertainty for a child on the separation of his or her parents or the death of a parent.

Superannuation

The surviving same-sex partner of a federal public servant cannot access superannuation death benefits otherwise available to opposite-sex partners.

The surviving same-sex partner of a private superannuation scheme member may have more difficulty accessing superannuation death benefits due to a more onerous and uncertain ‘interdependency’ definition. Opposite-sex partners are simply recognised as ‘spouses’ and have guaranteed entitlements.

Same-sex couples cannot take advantage of superannuation contributions splitting and the superannuation spouse tax offset.

The surviving same-sex partner of a federal judge cannot access a judicial pension.

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

The same-sex partner of an Australian citizen or resident is only entitled to an interdependency visa.

With the exception of one visa – the Temporary Business (Long Stay) 457 visa – same-sex couples are denied equal access to a full-range of work, study, protection and other visas available to opposite-sex couples.



	In 2007, the Australian Human Rights and Equal Opportunity Commission released the final report from its Same-Sex: Same Entitlements – National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Benefits and Entitlements. The Same-Sex: Same Entitlements report found that same-sex couples and their children were discriminated against in 58 laws relating to financial and workplace benefits and entitlements. Same-sex couples and their children miss out on everyday rights and entitlements that most Australians take for granted. The report recommended simple changes to definitions in the law to ensure same-sex couples and their children would be recognised in the same way as heterosexual partners and families. This is not about special rights for same-sex couples. It is about ensuring all couples have equal rights to the same entitlements and benefits. Some examples of the discrimination under the 58 laws include: Employment Same-sex couples and families are not guaranteed carer’s leave, compassionate leave, parental leave or travel entitlements available to opposite-sex couples. Same-sex partners of MPs, judicial and statutory office holders can only access some travel entitlements. Employees in the Australian Defence Force with same-sex partners may be denied low-interest home loans available to employees with opposite-sex partners. Workers’ Compensation Same-sex partners are not eligible for compensation if their partner is killed at work. Opposite-sex partners are eligible. Taxation Same-sex couples are not entitled to a range of tax concessions available to opposite-sex couples, including the dependent spouse tax offset, housekeeper tax offset, child-housekeeper tax offset, capital gains tax concessions when transferring property to a partner and fringe benefits tax exemptions for a partner. Same-sex couples may not get equal access to the senior Australians tax rebate, baby bonus, child care tax rebate and medical expenses tax offset. Same-sex couples may pay a higher Medicare levy and surcharge. Social Security A same-sex partner is not entitled to a range of benefits available to opposite-sex partners, including the partner allowance, bereavement benefits, widow allowance and concession card benefits. A young same-sex couple will have to pass more rigorous income tests to qualify for Youth Allowance. Some discrimination leads to benefits for same-sex couples, who are able to access social security benefits normally only available to singles. Veterans’ Entitlements The same-sex partner of a veteran is not eligible for many entitlements available to opposite-sex partners, including the war widow/widower’s pension, bereavement payment, income support supplement, partner service pension and military compensation. Health Care Costs A same-sex family cannot access the Medicare Safety Net as a family, meaning a same-sex family must spend more to qualify for extra subsidies. A same-sex family must spend more to access the Pharmaceutical Benefits Scheme Safety Net. Family Law Same-sex couples cannot access the Family Court for property settlements. A child living in a same-sex family may be denied equal rights to child support under the Child Support Scheme. Definitions of ‘parent’ in family law create uncertainty for a child on the separation of his or her parents or the death of a parent. Superannuation The surviving same-sex partner of a federal public servant cannot access superannuation death benefits otherwise available to opposite-sex partners. The surviving same-sex partner of a private superannuation scheme member may have more difficulty accessing superannuation death benefits due to a more onerous and uncertain ‘interdependency’ definition. Opposite-sex partners are simply recognised as ‘spouses’ and have guaranteed entitlements. Same-sex couples cannot take advantage of superannuation contributions splitting and the superannuation spouse tax offset. The surviving same-sex partner of a federal judge cannot access a judicial pension. 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 The same-sex partner of an Australian citizen or resident is only entitled to an interdependency visa. With the exception of one visa – the Temporary Business (Long Stay) 457 visa – same-sex couples are denied equal access to a full-range of work, study, protection and other visas available to opposite-sex couples.
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