Following the Australian Human Rights Commission’s report, Same-Sex: Same Entitlements, the Australian Government introduced reforms in 2008 to remove discrimination against same-sex couples and their children in Commonwealth law.

What has changed?

Between 1999 and 2007, all states and territories in Australia passed reforms to recognise same-sex de facto partners as equal to opposite-sex partners. However, same-sex de facto relationships were not given recognition in a wide range of Commonwealth laws. This prevented same-sex couples from accessing many benefits which were available to opposite-sex couples. It also relieved them from a number of obligations imposed on opposite-sex couples.  Commonwealth laws also did not recognise children living in same-sex families.

The Commonwealth law reforms remove discrimination by amending a number of definitions across Commonwealth laws. These changes will include new definitions of ‘de facto partner’, ‘child’, ‘parent, ‘couple’ and ‘family’. The general approach is to extend the existing meaning of these terms to include same-sex relationships. For information about whether your relationship is covered by the new laws see: De facto relationships: Am I a de facto partner?

• Tax. The reforms will ensure that same-sex couples are able to access the same tax concessions available to married and opposite‑sex de facto couples. These reforms will commence on 1 July 2009. For more information call the Australian Taxation Office (ATO) on 13 28 61 or visit www.ato.gov.au, or see: Tax and superannuation.

• Superannuation. These changes ensure that Commonwealth superannuation funds treat same-sex couples and their children equally in superannuation benefits, including death benefits and pensions. Private superannuation funds will also be able to recognise a same-sex de facto partner who is nominated as a beneficiary in the same way as an opposite-sex partner. For more information see: Tax and superannuation.

• Social Security and Family Assistance. These changes commence on 1 July 2009. Same-sex de facto couples will be assessed as a couple and receive the same rates of social security and family assistance payments as an opposite-sex de facto couple. These laws will also allow for the recognition of children of same-sex couples. For more information please contact Centrelink on 13 62 80 or visit www.centrelink.gov.au. For independent legal advice, please contact the Welfare Rights Centre on 02 9211 5300 or 1800 226 028 or see: Social security. In some cases, same-sex couples may be worse off under these changes. The GLRL is campaigning for the fairer introduction of these changes.

• PBS Safety Net and the Medicare Safety Net. Same‑sex couples will now be able to access the Medicare or Pharmaceutical Benefits Scheme (PBS) safety nets as a family. The changes to the Medicare and PBS safety nets commenced on 1 January 2009. However, same-sex couples and their children must first register as a family. For more information on the Medicare safety net please contact Medicare Australia on 13 20 11 or visit www.medicareaustralia.gov.au. For more information on the PBS safety net please contact the PBS Information Line on 1800 020 613. Also see: Medicare and aged care. 

• Aged Care. The reforms in relation to aged care commence on 1 July 2009. Under the reforms same-sex de facto couples will be treated in the same way as opposite-sex couples. The reforms will result in some current and future residents paying less and some paying more when entering aged care facilities. For more information please call the Aged Care Information Line on 1800 500 853. Also see: Medicare and aged care. 

• Family Law and Child Support. Same-sex de facto couples will have access to the family law system upon relationship breakdown. For separated same-sex parents of children born through assisted conception procedures, approved surrogacy procedures or adopted children, the same child support rules will apply. These parents will also be recognised as legal parents in family law disputes relating to their children. The family law reforms commence on different dates but child support reforms only commence on 1 July 2009. For more information please call 131 272 or visit www.csa.gov.au. See also: Lesbian and gay parenting and Relationship breakdown.

• Immigration and Citizenship. Same-sex partners of Australian citizens, Australian permanent residents and eligible New Zealand citizens will be able to apply for the same partner visas as opposite-sex partners. Same-sex couples (and their children, in many cases) will have the same entitlements in relation to acquiring citizenship. These reforms will commence on different dates. For more information please call 131 881 or see our fact sheet: Immigration and citizenship. More information will soon be available on www.immi.gov.au.

• Defence and Veterans’ Affairs. The changes in relation to defence and veterans’ affairs allow same-sex couples to access entitlements, including the provision of assistance to members of the Defence Force to acquire homes; certain pensions and other benefits becoming available to same-sex partners widows or widowers; and other benefits, including death benefits, becoming available to the children of impaired or deceased Defence Force members or veterans. For more information please call 133 254.