Gay and Lesbian Rights Lobby

The Australian Democrats have a long and proud history of working for equality for GLBTI Australians in the Parliament. For more than 30 years, the Democrats are the only party to have actively supported the rights of gay and lesbian Australians, and to have worked in the federal parliament to remove the legal barriers against same sex-couples by consistently and repeatedly moving amendments to remove discriminatory aspects in many areas, including taxation, superannuation, welfare, immigration, and defence force personnel.

We believe that all people have a right to equality under the law and in all dealings with government and the community, and that all people should be protected from discrimination and vilification on the grounds of sexuality and gender identity and we will continue our commitment to this work in the next Parliament.

The Australian Democrats have a full suite of policy strategies to address inequality and will find details of our past work and current strategies in the Parliament here
and here.

Yes, the first principle of the Australian Greens policy, Sexuality and Gender Identity, states that freedom of sexuality and gender identity are fundamental human rights.

The Labor Party is committed to equality for gay men, lesbians and same
sex couples and, if elected, will remove provisions which discriminate on the basis of sexuality. That means ending discrimination in the areas of taxation, superannuation, social security benefits, the Medicare Safety Net, immigration, veteran’s entitlements and all other areas (aside from the Marriage Act). All practical, day-to-day discrimination faced by the gay and lesbian communities will be removed from our laws. Labor supports the removal of discrimination against gay and lesbian Australians in federal legislation, and we have pledged to address this issue.

The Coalition is in favour of removing discrimination against people in interdependent relationships, including same-sex relationships. Further changes to relevant legislation and programs will be considered on a case-by-case basis. This will be done in consultation with the relevant stakeholders, taking into account the underlying legal, policy and fiscal implications.

The Coalition Government is giving serious consideration to the recommendations of the Human Rights and Equal Opportunity Commission's report Same-Sex: Same Entitlements. The report will inform any changes made to the relevant government programs.

It is important to note that a number of significant changes to eliminate discriminatory treatment against persons in interdependent relationships, including same-sex relationships, have already been made.

An example of the Coalition removing discrimination against persons in interdependent relationships is the move to allow superannuation funds to make payments to people in interdependent relationships. For example, the Superannuation Industry (Supervision) Act 1993 (the SIS Act) allowed trustees, at their discretion, to pay a member's accumulated benefits to the member's dependants or legal personal representative if the member died. Amendments made to the SIS Act in 1999 permit funds to change their governing rules to provide for binding death benefit nominations. Consequently, if a person is a member of a fund which provides for binding nominations, that person can nominate a same-sex partner who is a dependant.

The Coalition Government also agreed to extend certain conditions of service entitlements to members of the Australian Defence Force in interdependent relationships, which includes members with same sex partners.

It is also important to note that the Workplace Relations Act 1996 contains provisions that prohibit an employer from terminating a person's employment on various specified grounds, including their sexual preference.

The Australian Democrats are fully committed to comprehensive federal legislation offering GLBTI people protection from discrimination. In August, we introduced into the Senate our Same-Sex Entitlement Bill which put the HREOC recommendations into legislative form by amending the 58 discriminatory federal laws identified.

Yes. The Greens want de facto relationships to have equal status in law and government policy regardless of sexual orientation and gender identity.

The Greens are committed to the immediate removal of all discrimination against same-sex couples and their families. The Greens will work hard in parliament and in the community to ensure that whoever wins government implements the recommendations of the HREOC report in the first session of the new parliament.

Labor does not support same-sex marriage or civil unions. Labor has, in the past,
supported the introduction of provisions in the Marriage Act which state that Marriage is 'the union of a man and a woman to the exclusion of all others, voluntarily entered into for life'; and, in office, we will maintain this provision. The insertion of these provisions into the Act did not ban gay marriage - it merely updated the Act to reflect the existing common law.

Good government and a just society are not about ensuring that everyone is the same, but ensuring that they have the same opportunities. Labor does not support the proposition of equality of outcome. Instead, Labor supports equality of opportunity. That is why Labor has proposed to remove practical, day-to-day discrimination.

The recent report of the Human Rights and Equal Opportunity Commission, Same Sex: Same Entitlements considered the issue of same-sex marriage and came to the conclusion that marriage rights were not required to remove discrimination, stating: "An opposite-sex couple does not have to marry to get those entitlements; nor should a same-sex couple have to marry. So, while same-sex marriage or civil unions could assist those couples who choose to formalise their relationship in that way, this Inquiry has focussed on ensuring that all couples have all the same rights whether or not they are married."(p.18)

The Coalition believes overwhelmingly in the institution of marriage and, in 2004, acted to define in legislation the common understanding in our community of marriage which is 'the union of a man and a woman, to the exclusion of all others, voluntarily entered into for life'. Accordingly amendments were made to the formal definition of marriage in the Marriage Act 1961 and were passed with bi-partisan support in 2004.

The Government's inclusion of a definition of marriage in the Marriage Act 1961 is not an expression of discrimination. The changes do not seek to prevent people from entering into same sex relationships. The amendments arc about the special status of marriage.

Yes. We are committed to reform of the Marriage Act and our Same-Sex Marriages Bill 2006 was introduced specifically to reverse the changes that the Howard Government made to the Marriage Act in 2004.

Fair and equal treatment and respect for all relationships is an important priority for The Greens. The Greens want the legalisation of marriage regardless of sexual orientation or gender identity. Without universal access to marriage for all, we do not have relationships equality. The Greens also support the introduction of civil unions as an alternative to marriage.

The Greens have tabled a private members bill for same-sex marriage in Parliament and have used every opportunity to campaign for same-sex marriage in the media and community.

Labor is committed to equality for gay men, lesbians and same sex couples and, if elected, will remove provisions which discriminate on the basis of sexuality, with the exception of the Marriage Act.

The adoption of children is generally a matter for each State and Territory. The Australian Government has taken on responsibility for the management of intercountry adoption programs and the establishment of new programs. However, State and Territory Central Authorities retain responsibility for the processing and management of individual adoption applications.

Australia's intercountry adoption programs facilitate the adoption of children from other countries. Australia is a party to the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption and is committed to safeguarding the interests of children subject to intercountry adoption. Adoptions that are validly made under the domestic law of another country, including adoptions by expatriate Australians, will be recognised in Australia in certain circumstances if visa requirements are met.

Yes. Support. Ms Roslyn Dundas, former Democrats MLA in the ACT, was part of ensuring that the discriminating phrase in the ACT Adoption Act that precluded adoption by same-sex couples was overturned.

Yes. The Greens support the right of same-sex couples to adopt children.

Labor has no plans to amend the Sex Discrimination Act [to allow fertility services to discriminate on the basis of marital status]. Labor understands that undergoing IVF treatment can be a difficult and very expensive process particularly if continuous cycles are unsuccessful. However, we have no plans to change the Medicare subsidy arrangements at this time.

No answer was received to this question from the Coalition.

Yes. We support an eligibility criteria for fertility and surrogate programs that do not discriminate on the grounds of sexuality or gender identity.  Our sexual and reproductive health plan supports equal rights for all potential parents who want access to assisted reproductive technologies, regardless of marital status, sexual orientation or financial capacity.

Yes. Yes.

Labor’s National Platform states: “Labor supports the enactment of legislation prohibiting discrimination on the grounds of a person’s sexuality or gender identity and will audit Commonwealth legislation to amend provisions that unfairly discriminate against any person on the grounds of sexuality or gender
identity.”

At this stage, Labor’s priority is the elimination of all forms of discrimination on the basis of sexual orientation from Federal legislation. State legislation already offers substantial coverage to discrimination and vilification on the basis of sexual and gender orientation.

As such, Labor has no plans to introduce federal Anti-Discrimination legislation specifically banning discrimination on the basis of sexual orientation or gender identity in our first term in office.

No answer was received to this question from the Coalition.

Yes. We have recently up-dated, re-introduced and debated our 1995 Sexuality and Gender Identity Discrimination Bill into the Parliament, the object of which is to eliminate, as far as possible, discrimination against people on the grounds of sexuality, transgender identity, or intersex status.

The Greens are committed to the enactment of federal anti-discrimination legislation which includes sexual orientation and gender identity as grounds for unlawful discrimination. In Australia, discrimination of this kind is still a significant cause of psychological distress, mental illness and suicide. Federal anti-discrimination legislation has an important role to play in ensuring that our legal and social environments are free from harassment, abuse, vilification, stigmatisation, disadvantage or exploitation on the basis of sexual orientation or gender identity.

Federal Labor is committed to improving the protections of important rights and freedoms. Labor has twice sought to entrench important freedoms into our constitution by a referendum. Unfortunately, both of these failed.

Because the passage of referenda is so difficult, Labor believes we must now look beyond the traditional model of a Bill of Rights which is incorporated into our Constitution, to what we can realistically achieve.

Federal Labor believes it is important that any system of human rights:
• Protects the rights and liberties of individuals
• Goes through an extensive process of community consultation
• Maintains the supremacy of the Parliament, as the voice of the people
• Strikes the correct balance between:

1. the rights of the individual;
2. the community need for security from crime and terrorism;
3. personal and community safety; and
4. protection of children’s rights to be children, free from public indecency or obscenity.

That's why Labor in government will begin an extensive process of community consultation to determine what Australians think about which rights should be protected and what is the best means of protecting them. In protecting our human rights we must learn from the experience of other nations. Labor has ruled out a US-Style Bill of Rights because we are concerned about an unchangeable document that can frustrate worthwhile reform, such as US government attempts at gun control impeded by the right to bear arms.

Our human rights and traditional freedoms are the property of all Australians. Labor will work with the community to deliver better human rights protection for us all.

No answer was received to this question from the Coalition.

Yes. We introduced such a bill into Federal Parliament in 2001 – the Parliamentary Charter of Rights and Freedoms Bill – and will introduce it again after the election. Australia is the only common law country without a Bill of Rights and we are committed to rectifying this situation.

Yes. The Greens have campaigned for the protection of human rights in a charter or bill for some time. At our NSW campaign launch Greens leader announced that the Greens would campaign for a referendum for a bill of rights to protect human rights in the constitution.

Labor does not believe that Australians should be denied access to government-funded services on the basis of their sexual orientation. Labor believes that the most appropriate way to ensure equal access to these services is to work co-operatively with all stakeholders to ensure that they are provided in a non-discriminatory manner. In relation to employment, there is a general presumption that discrimination should not be practiced. However, there are limited exemptions in the HREOC Act and other relevant Commonwealth human rights legislation that Labor believes are appropriate.

No answer was received to this question from the Coalition.

By legislating against discrimination, and regulating service delivery by private sector providers.

Yes there needs to be greater resources devoted to proactively addressing discrimination; improving the commitment and practice of Commonwealth employees is crucial. We will use our votes in the Senate to support any funding measures that address this issue [equity and diversity training for commonwealth service providers].

Schools should be places free of violence and bullying where all students feel safe and secure. A Rudd Labor Government will enforce anti-discrimination laws that prohibit bullying, violence or any form of abuse on the basis of sexual preference. Labor supports anti-bullying programs and policies that seek to eliminate bullying, including bullying based on sexual preference in schools.

No answer was received to this question from the Coalition.

Yes. The Democrats have been pushing for comprehensive, evidence based, age appropriate sexual health and relationships education provided by adequately qualified professionals in all schools for some time. Such an approach would include same-sex and relationship education as part of mainstream sexuality education.

Curriculum in schools should be determined primarily by teachers and educational professionals through the state based boards of studies or a national curriculum body. The Greens would encourage and support any decision by such boards to implement anti-homophobia programs and inclusive sexuality education in the curriculum.

Under the Migration Regulations, the Department can only grant a visa under the health waiver if it is satisfied that the granting of the visa would be unlikely to result in undue cost to the Australian community, or undue prejudice to the access to health care or community services of an Australian citizen or permanent resident. Hence, unless the applicant can demonstrate that they are able to fully pay for the costs of medical services, it is very difficult to succeed if you are a person living with HIV/AIDs. In addition, substantial prejudice arises (under departmental policy), where "facilities are in high demand, waiting lists are common, choices of persons for treatment may be exercised and the consequences of failure to obtain treatment may seriously disadvantage an individual by causing premature death, unnecessary pain or suffering or loss of quality of life.” Therefore, the department can only exercise the health waiver if these conditions are met.

The Coalition is concerned about the rise in rates of HIV infection over the past years. Victoria receives funding from the Commonwealth through the 5 year Public Health Outcome funding Agreements (PHOFA) to deliver key public health messages. In 2005-06, $160m was provided to all states and territories under these agreements. In recognition of the rise of rates of HIV, particularly in Victoria, the Coalition has invested a further $ 10m in 2007-08 to raise the issue of sexual health in a media campaign on STI/HIV prevention.

The current arrangements regarding ministerial discretion in many parts of the Migration Act are inefficient, opaque and inconsistent, leading frequently to great uncertainty, delays and injustice. The Democrats have long advocated an overhaul of the Ministerial discretion powers, including the ability for ministerial and departmental discretion to be applied at the initial stages of visa assessments.

The automatic refusal of those with HIV/AIDS at the primary stage of an Immigration application should end. HIV/AIDS should not be a reason to refuse a person’s application.

Labor is committed to broad consultation with community groups and stakeholders in decision-making processes in either government or opposition. Consultation processes are determined on a case-by-case basis according to the specific circumstances at hand.

No answer was received to this question from the Coalition.

The Australian Democrats have formally and informally sought the input of the GLBTI communities through many avenues and at many levels, and by using the detailed research and information provided by organisations such as yours, whose input into policy decision-making over the years is vital.

The Greens feel that it is important for governments and their agencies to consult with GLBTI communities and their representative groups on the development of policies and programs that affect GLBTI people.  We will continue to meet and consult with the GLBTI community in formulating our policy and plans of action in the years ahead.