READ THE ANSWERS

ALP

Coalition

Democrats

The Greens

Contact details for all parliamentarians:
Parliament of NSW

NOTES:
(1) Roberts, R. and Maplesone, P., “The Age of Consent and Gay Men in NSW”, University of New South Wales, Sydney, 2001.

Carr Government Response
to the Gay & Lesbian Rights Lobby
Policy Questionnaire 2003

a) Is your party committed to equality for lesbians and gay men
in NSW?

Labor is committed to the removing the social and legal barriers to equality for lesbians and gay men in NSW.

In 1999 and 2002 the Carr Government legislated to eliminate discriminatory provisions in over 40 NSW Acts. These changes ensure that people in same sex relationships have the same legal rights and entitlements as heterosexual de facto couples.

Amendments to the Anti-Discrimination Act for example, now ensure equal protection for lesbians and gay men who are required to be absent from work to care for their partners.

The Can Government has also amended the De Facto Relationships Act so that gay and lesbian partners have the same legal rights in property disputes on the breakdown of the relationship as heterosexual de factos. Similarly, the Wills, Probate and Administration Act was amended to provide for gay and lesbian de factos to be regarded as "spouses" for the purposes of intestacy.

From January 2001, State superannuation laws now recognise same sex relationships. The change means greater financial security for the same sex partners of retired NSW public servants in defined benefit superannuation schemes.

b) Please explain the strategies that your party will adopt to ensure such equality.

If re-elected, the Carr Government will pursue those remaining areas in which NSW laws discriminate against lesbians and gay men. These areas include:

~' implementing the outcomes of a review of the Anti-Discrimination Act, and
V amending various statutory provisions involving disclosure of spousal pecuniary interests so they apply to lesbian and gay relationships.

The Commonwealth Government has recently asked the States to refer their legal powers to deal de facto partners property disputes, so that the Family Court, which has broader powers to divide superannuation benefits, can deal with these matters. The Commonwealth Government has, however, indicated that it would not accept any reference of same sex relationships.

The Carr Government is encouraging the Commonwealth Government to accept a referral of legal power over all de facto partners - lesbian, gay and heterosexual.

A future Carr Labor Government will continue to strongly oppose the Howard Government's prejudiced and inequitable position on this issue, and pursue a fair solution through the Standing Committee of Attorneys General.

c) Does your party have a dedicated portfolio area with responsibility for issues relating to lesbian and gay men and equality for homosexuals? Does your party have a spokesperson/s for lesbian and gay issues?

Yes. The Attorney General is the key Government Minister with responsibility for gay and lesbian law reform issues.

a) Does your party support an equal age of consent of 16 for all persons in NSW regardless of gender or sexuality?

It is currently NSW Labor's policy that the issue of age of consent is one for the conscience of individual members.

There is however no substantial argument against introducing a uniform age of consent provided guarantees regarding the protection of people aged under 16 years are included in legislation. Future legislation would also need to go further in addressing community concerns than previous legislation narrowly rejected by the Legislative Council.

b) Will your party introduce legislation into Parliament that will amend the Crimes Act, so that an equal age of consent of 16 is realized? (Please provide a timeframe for the implementation of such legislation).

As age of consent is a matter for a conscience vote for Government MPs, any legislation on age of consent will at this stage be by way of a Private Members Bill.

Labor member, the Hon. Jan Burnswoods MLC has introduced a Private
Members Bill on this issue - the Crimes Amendment (Sexual Offences) Bill.
This Bill was Second Read in the Legislative Council in August 2002.

Recognising that there is a wide range of views on this issue, the Attorney
General referred the Bill to the Legislative Council Standing Committee on
Social Issues. The Committee is the best forum for the wide range of views in
the public sphere regarding this issue to be canvassed.

c) As a report by the University of NSW (2001)1 demonstrated, there are significant negative health and welfare implications for young gay men of an unequal age of consent. If your party does not support an equal age of consent, how will the health and welfare needs of young gay men be addressed.

The NSW Government through the Department of Health is responsible for policy and funding for a range of service, which target young people in NSW. Such services include specialist sexual health services - at least one of which is located in every Area. In addition, the government funds specific projects at a local and state wide level that deal directly with specific populations.

Services provided by the NSW Department of Health do not discriminate on an age basis.

a) Does your party have a commitment to implementing legislation and policy, which will properly recognize lesbian and gay families, as well as the rights of lesbians and gay men as parents?

In 2000, the Carr Government amended the Anti-Discrimination Act to protect employees who have caring responsibilities from discrimination in employment. That legislation applies to protect lesbians and gay men who need to take time off work in order to care for a sick partner, for example.

A future Carr Government will implement the outcomes of a review of the Anti-Discrimination Act in 2003.

b) Does your party support the legal recognition of partners of biological parents as co-parents of a child born through donor insemination (“DI”)?

The Commonwealth Government has responsibility for laws in relation to disputes involving parental responsibility for children such as residency, contact and child support.

The Commonwealth's Family Law Act also contains provisions that deal with the status of parents under that Act where artificial conception has been used. These provisions do not, however, apply to a non-biological parent in a same sex couple. The power of State Governments in this area covers adoption.

c) Will your party support amending the Adoption Act, in order to allow samesex couples the right to adopt children in the same way that heterosexual couples may adopt children?

The interests of the child are paramount for any adoption. The law in NSW currently allows adoption by married couples and de-facto couples of the opposite sex. Individuals can however adopt in certain circumstances.

a) Will your party enact legislation that will amend the Anti-Discrimination Act, so that charities, religious bodies, voluntary bodies, and aged care organizations are not exempt from complying with the provisions relating to discrimination on the grounds of homosexuality when providing publicly funded social welfare, health and community services ?

The government is conducting a comprehensive review of the Anti-Discrimination Act.

b) Will your party enact legislation that will amend the Anti-Discrimination Act, to extend the provisions relating to discrimination on the grounds of martial status to provide protection to same-sex defacto relationships (as is currently the case for heterosexual defacto relationships)?

Under a future Carr Government, Anti-Discrimination reforms will provide for a widened ground of discrimination protecting people who are in domestic relationships, regardless of their sexual orientation

c) How does your party plan on making the Anti-Discrimination Act more accessible to lesbians and gay men (e.g. making people more aware of the process to be undertaken if they have been discriminated against)?

The Carr Labor Government supports the work undertaken by the Anti-Discrimination Board to educate people of their legal right to live free of discrimination and vilification.

The Board issues a range of fact sheets aimed at the gay, lesbian and transgender communities outlining legal rights, and operates a telephone advice line, as well as conducting regular forums and consultations with gay and lesbian communities. The Board maintains a high level profile at Mardi Gras, and has been involved in the uSkoof)s Out" program to combat homophobic bullying and harassment in schools.

A future Carr Government is committed to supporting the Board's work in making the Anti-Discrimination Act and its processes more accessible to the community.

d) What strategies will your party employ in order to combat homophobia, violence and harassment experienced by lesbians and gay men in NSW?

The Carr Government has a comprehensive strategy in place aimed at reducing homophobia, violence and harassment experienced by lesbians and gay men.

Under this government $400,000 has been provided to gay, lesbian and transgender violence prevention projects through the Crime Prevention Division of the Attorney General's Department.

A dedicated Gay, Lesbian and Transgender Policy Officer has been appointed in the Attorney General's Department, and the Attorney General has established a Community Advisory Committee to support the work of that officer. The Government has developed and implemented a communications campaign to highlight the unacceptability of homophobia and hate-related violence.

NSW Police will also release the New South Wales Police Policy Statement on Gay and Lesbian Issues (2003 - 2006). This policy represents a significant step in the continuing partnership between NSW Police and the gay and lesbian community.

NSWP has a number of initiatives and achievements in relation to gay and lesbian issues. These include:


'/ over 100 Police Gay and Lesbian Liaison Officers throughout the state;

~" consistent, visible and public police presence at gay and lesbian events, such as the Sydney Gay and Lesbian Mardi Gras Parade and Fair Day;

~( specialist training on gay and lesbian issues and effective service provision to the gay and lesbian community conducted at the Police Academy, and to police in other national and international jurisdictions;
v~ ongoing media education campaigns on homophobic violence;
V extensive research on homophobic violence, including mandatory collection of hate crime statistics by~NSW Police; and

/ active marketing and recruitment campaigns aimed at encouraging gay men and lesbians to join NSW Police.

A future Carr Government will continue to work with gay, lesbian and transgender communities, and the broader community, to responsibly address these issues.

e) Will your party enact and/or support, through the provision of funding, programs in all NSW secondary schools, which aim to educate and prevent the high level of homophobia that occurs within these institutions, at home and in the community generally?

The Carr Government's NSW Youth Policy 2002-2006, Working Together, Working for Young People recognises that fear of harassment and violence can have a strong impact on young people's sense of independence and that young people need to feel safe in all community settings, including the school environment.


In 2002, the government conducted a Skool's Out forum, which aimed to raise awareness about homophobic bullying and violence, discrimination, harassment and vilification in and around public and private schools.

The forum won last year's Mardi Gras Association's award for "Outstanding Community Event". Its subsequent report sets out strategies for dealing with homophobic bullying in schools and provides a comprehensive list of support organisations. This initiative demonstrates the Carr Government's ongoing commitment to reducing violence against young gays and lesbians.

Under the NSW Youth Policy, the Government is also providing additional funding for projects to address homophobia arid bullying in and around schools.

A number of other resources have also been developed to help schools
establish anti-bullying programs, these include Resources For Teaching
Against Violence (including violence against gay and lesbian people); Anti-
Bullying: Best practice in schools; The Peer Mediation Training Package; and
Strategies for safer schools.

The Can Government is committed to the provision of learning and working environments for students and staff that are free from all forms of unlawful discrimination, harassment and vilification.

a) Will your party amend the following pieces of legislation, so that the
relationships of lesbians and gay men are fully recognized under NSW law (please provide an expected timeframe for the implementation of such legislation):

i. Coal and Oil Shale Mine Workers (Superannuation) Act 1941
ii. Public Authorities Superannuation Act 1985
iii. Local Government Act 1993
iv. Industrial Relations Act 1996
v. Human Tissue Act 1984

The Cam Government is committed to removing legislative provisions which discriminate against a range of relationships, including gay and lesbian relationships.

A future Carr Government will implement the outcomes of a review of the Anti-Discrimination Act in 2003 to help protect gay and lesbian de facto relationships. As part of these changes we will amend a number of outstanding provisions in other Acts so that they apply to same sex partners. These amendments have deliberately been left until protection is provided for these relationships under the Anti-Discrimination Act.

i. Coal and Oil Shale Mine Workers (Superannuation) Act 1941

The benefit provisions of this act were transferred to a Trust Deed and are now the jurisdiction of the scheme's trustees CoalSuper Pty Ltd.

ii. Public Authorities Superannuation Act 1985

This scheme was closed in 1988 and members transferred to State Authority Superannuation Scheme.

Last year the Minister for Industrial Relations approved amendments to the definition of spouse under the predecessor schemes to include same sex partners.

iii. Local Government Act 1993

A future Carr Government is committed to implementing the outcomes of a review of the Anti-Discrimination Act during 2003.

lndustrial Relations Act 1996
The results of the Industrial Relations Act review are being finalised. The government will consider any outstanding same sex relationship recognition issues.

iv. Human Tissue Act 1984

This Act already recognises gay and lesbian relationships. The definition was inserted by the Property (Relationships) Legislation Amendment Act 1999, which also repealed the definition of ~De facto spouse" in section 22 of the Human Tissue Act.

a) What commitments will your party make to the particular health needs of lesbians and gay men in NSW?

In April 2000, the Victorian Government established a ministerial advisory committee on "Gay and Lesbian Health" to advise the Minister for Health on matters relating to the health and well-being of Victoria's gay and lesbian communities. Do we have any intention of doing this?

The Minister for Health regularly consults the gay and lesbian communities on issues of gay and lesbian health.

b) Will you enact/ support programs that take a holistic approach to HIV/AIDS treatment and prevention (e.g. adapting policy that recognizes the social and economic as well as the health impact of HIV/ AIDS for people living with, and affected by, the disease)? Please give details.

The Ministerial Advisory Committee on AIDS Strategy (CAS) advises the NSW Minister for Health on the strategic management of HIV/A1DS in NSW.
CAS includes experts from all areas of the HIV/AIDS partnership, including the gay and lesbian community~

The NSW Department of Health is developing a NSW HIV/AIDS Strategy that will bring together a second HIV/AIDS Health Promotion Plan and an HIV/AIDS treatment and care plan to address the evolving needs of NSW people living with and affected by HIV/AIDS.

The Department of Housing also operates programs for people living with HIV/AIDS, which enable them to live in close proximity to medical and other necessary support services. The Special Assistance Subsidy program currently assists more than 750 people living with HIV/AIDS to live in private rental accommodation across NSW by providing a rental subsidy at a cost of approximately $5 million per year.

The Floating Care program, a partnership between the Department of Housing, community housing associations, NSW Health and the Bobbie Goldsmith Foundation, provides accommodation linked to support for people with HIV/AIDS who would otherwise not be able to live in the community.

c) How will your party address the particular needs of older lesbians and gay men? What specific policies do you plan to implement in order to provide for an ageing lesbian and gay population?

The Carr Government is committed to ensuring that State administered programs directed to older people reflect the diversity of needs.

Through the Home and Community Care (HACC) program, for example, funding was allocated over 1999/2000 to develop strategies to improve access to services for people with HIV AIDS. This project will shortly be followed up by an awareness campaign directed to HACC funded services to ensure that people with HIVIAIDS receive access to services, based on their functional needs.

Under the government's Future Directions for Dementia Care and Support in NSW 2001-2006 a coordinated, planned response to the expected rapid rise in the number of people living with dementia in NSW is being promoted. The initiatives underpinning this strategy will make it easier for older lesbians and gay men to "plan ahead' on their own terms.

As part of the NSW Care for Carers Program, the Carr Government has committed $12.9 million over four years for carer initiatives and increased annual recurrent funding to more than $5 million. This initiative lays the basis for clearer acknowledge and support from the community for the diversity of carers in our community.

The government is also aware that current residential aged care environments present concerns to many older lesbians and gay men. While aged care is a responsibility of the Federal Government, the NSW Government will maintain a watching brief on these issues.

a) What policies will you implement to address the issue of youth suicide amongst lesbian and gay youth? Does your party prioritise lesbian and gay youth suicide as a major issue facing youth in NSW

Suicide prevention is a priority for the Carr Government.

With young gay men being overrepresented in suicides, the government recognises this is a complex issue, often requiring comprehensive approaches involving the collaboration of a wide range of government and non-government organisations and the community.

To address these issues, the Carr Government is implementing the NSW Suicide Prevention Strategy: Suicide We Can All Make A Difference. This whole of government strategy includes early intervention initiatives, which focus on promoting positive life options for young people, as well as improving support for young people identified as being at risk of suicide.

The government is also considering the recommendations of the Child Death Review Team report on Suicide and Risk-taking Deaths of Children and Young People. This report, commissioned by the government, recommends the NSW Suicide Prevention Strategy be reviewed to strengthen initiatives addressing issues such as bullying, homophobia and masculine behavioural stereotypes.

This government promotes good mental health through the adoption of a range of strategies, including Mind Matters, a resource package that provides a whole of school approach to mental health promotion and covers issues such as life skills, grief and loss, bullying and resilience.

The Can Government has a strong record in improving access to mental health services and treatment outcomes for the lesbian, gay and transgender community. Area mental health services have strong links with other health services and provide a range of support and consultation services, which includes assessment of suicide rise and depression, and collaborative management for AIDS related mental health issues.

b) How will your party counteract the growing number of lesbian and gay youth who are homeless or living in poverty?

The Carr Government is committed to continuing to ensure that young gay men and lesbians have equitable access to mainstream housing services.

We also recognise the importance of developing flexible and innovative housing and support options for all young people in the state who are unable to live at home. As part of the NSW Youth Policy, the Carr Government funds community organisations to provide flexible accommodation options for these young people, offering transitional accommodation to those at risk of homelessness, and independent and supported rental housing to those with longer-term needs.

The Carr Government provides over $250,000 each year through the
Supported Accommodation and Assistance Program (SAAP) for the Twenty
10 gay and lesbian youth refuge.

The Inner City Homelessness Strategic Implementation Plan, developed in collaboration with State, Local and Commonwealth Government agenc~es and community organisations, also recognises the need for preventative strategies especially for homeless young people, including young lesbian and gay people, who are drawn to the inner city. One of the plan's key initiatives is to develop strategies for supporting young people who are homeless or at risk of homelessness, including community-based models and brokerage programs.

Connected to this, the government recognises that the education and training system has an important role to play in ensuring young people are able to access employment opportunities. To this end, the Carr Government has developed a range of initiatives focused on preventing at risk' young people from disengaging from education and training. These include:

• the Links to Learning Community Grants Program which funds community organisations to assist young people who experience significant difficulties participating in formal learning environments to remain in, or return to, education or training; and

• the TAFE Youth at Risk Program, which supports disadvantaged young people in the community by providing pathways for further education and employment.

c) Will your party create/support programs and initiatives focusing on assisting lesbian and gay youth in their process of “coming out”?

A range of non-government organisations, including the AIDS Council of NSW, already provide services to support lesbians and gay young people in addressing issues of sexuality, mental health, sexual health, relationships and homophobic violence.

a) Is your party committed to involving lesbian and gay rights group and other appropriate community organizations in the process of making decisions and setting priorities on issues affecting the rights of lesbians and gay men?

The Carr Government is committed to working with representatives of lesbian, gay and transgender communities to ensure that they have in put into, and are informed about, decisions and policies affecting them.

b) How does your party currently fulfill this commitment?

In 2000, the Attorney General established the Gay, Lesbian and Transgender Community Advisory Committee ('the GLTAC"). The GLTAC comprises key lesbian, gay and transgender and community representatives, with support from the Attorney General's Department.

The committee provides a source of input on the development of policy on law reform, access to justice, service delivery, and crime and violence prevention issues. This ensures that the Attorney General is informed and aware of community views when making policy and program decisions on issues, which affect the rights of lesbians, gay men and transgender people.

The Anti-Discrimination Board conducts regular consultations with gay and lesbian communities. The Attorney General's Office meets with representatives of the Gay and Lesbian Rights Lobby on a regular basis to discuss directions in law reform and policy development.

c) How does your party plan on involving lesbian and gay rights groups and other appropriate community organizations in the policy, planning and service delivery of issues affecting lesbians and gay men in the next parliament and beyond?

See above