Campaigns & Projects

Time to act on Super Reforms

Background

Although we achieved recognition of same sex relationships in most areas of state law in 1999, discrimination is still a problem in many federal laws. The most important of these is superannuation.

Lesbians and gay men make the same contributions as their heterosexual colleagues but do not receive the same benefits. Among other things this means that when a lesbian or gay man dies, their partner is often denied access to death benefits. More information on the impact of discriminatory super laws is available from our fact sheet.

In 1998, the Lobby worked with Federal Member for Grayndler, Anthony Albanese, to develop a private member's bill to fix the problem. If passed, the Superannuation (Entitlements of Same Sex Couples) Bill 2000 would remove discrimination from federal legislation dealing with private super schemes. Government super schemes will have to be amended separately due to limitations on what private members' bills can do.

The Senate Select Committee on Superannuation and Financial Services has looked at this Bill and released its report in April. The majority of the committee, made up of the Labor and Democrat Senators, supported the Bill and it looks certain to pass through the Senate. But despite the completely unprecedented number of submissions in favour of the Bill (over 1200) and the underwhelming opposition to it (only 5 submissions opposed it), the Government Senators on the Committee wrote a minority report opposing the Bill. This means we face a huge struggle to get the Bill through the Lower House so it can become law.

Superannuation will continue to be a focus of activity - those wishing to join the Campaign Working Group which is responsible for lobbying should contact the Lobby.

For More Information

The Lobby has been campaigning on this issue for some time producing a discussion paper in 1996, Superannuation and Same Sex Relationships, which examined the issues in some detail. 1999 saw the Human Rights Commissioner, Chris Sidoti examine the issue of discrimination in government superannuation schemes and support equal rights for same sex couples. The Human Rights and Equal Opportunity Commission report found that current superannuation legislation contravenes at least 2 international treaties - the International Convention on Civil and Political Rights and the International Labor Organisation Convention on Discrimination (Employment and Occupation). It also examines the issues in more detail.

 

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