Archive Article

Federal Election 2004

10. MEDICARE PLUS AND HEALTH COST IMPACTS ON LOW INCOME

Question 10

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2004 Federal Election Survey on Lesbian and Gay Issues The NSW Gay and Lesbian Rights Lobby, in partnership with ACON, have surveyed the main political parties on issues affecting our community in the lead up to the 2004 Federal Election. Below is a copy of the questions that were sent to the Liberal Party, the ALP, the Australian Greens, The Australian Democrats, and the Nationals. As the results come in, they will be posted on our website. The Questionnaire 1. EQUALITY Substantial equality has been achieved in NSW and other state laws during the last 20 years, however, Commonwealth legislation has not kept pace and is woefully inadequate in comparison with many other democratic nations. Question 1: a) Is your party committed to equality for lesbians and gay men? b) Please explain the strategies your party will adopt to ensure such equality. c) Does your party have a dedicated portfolio area with responsibility for issues relating to lesbians and gay men? 2. PROTECTION FROM DISCRIMINATION Federal anti-discrimination legislation prohibits discrimination on a number of grounds, including sex, race, ethnicity, marital status and disability, however, there is no such protection for lesbians and gay men. Question 2: a) Will your party enact federal legislation similar to the Sex and Race Discrimination Acts which would provide lesbians and gay men with comprehensive and effective protection from discrimination on the grounds of their sexuality? If so would it include a general equality guarantee capable of invaliding inconsistent legislation? b) Will your party ensure additional funding and other resources for the Human Rights and Equality Opportunity Commission to administer such anti-discrimination legislation, including the appointment of a Sexuality Discrimination Commissioner? 3. EQUITABLE SERVICE PROVISION AND EMPLOYMENT Some non-government and particularly religious rganisations discriminate in the provision of services to people who identify as gay or lesbian. Question 3: a) How will your party ensure publicly funded social welfare, health and community services contracted to non-government and religious based organisations do not discriminate against lesbians and gay men in employment and service delivery? 4. RELATIONSHIP AND FAMILY RECOGNITION Lesbians and gay men are treated unequally by many laws that recognise heterosexual de facto partners but do not recognise same sex partners. For example: Same sex partners are not recognised in general taxation legislation preventing them from claiming a dependant for taxation purposes or from pooling household income for purposes such as the Medicare surcharge. Same sex partners are not recognised in Federal worker’s compensation legislation. As a result when a lesbian or gay man dies in a workplace accident, his or her partner cannot receive benefits on the same basis as a partner of the opposite sex. Question 4.1: a) Does your party support treating same sex de facto partners in the same way as heterosexual partners in all areas of federal law? b) If you support more limited reforms in select areas of federal law. If yes, what are they? Question 4.2: With the referral of powers of de facto property disputes to the Federal government, the Family Court will soon have the power to hear property disputes between unmarried heterosexual couples so that there is a single forum for disputes over both property and children. The Federal government has refused to accept power for same sex couples, who must continue to use State law for property disputes. Would your party accept a referral of powers from States so that same sex de facto couples as well as heterosexual de facto couples can have property disputes adjudicated under the Family Law Act? Question 4.3: Co-mothers of children born through donor insemination into lesbian relationships have no recognition in Federal law. They are, however, increasingly accorded rights in State law, for instance in Western Australia, the ACT and the Northern Territory a consenting co-mother is presumed to be a parent for all legal purposes. Would your party amend Federal legislation to reflect the definition of parents used in State law in jurisdictions that now legally recognise lesbian co-mothers of children born through donor insemination? Question 4.4: Federal Child Support legislation presently allows a co-mother to claim support from a biological mother if she has the care of children following relationship breakdown, but it does not cover the reverse situation if the children remain with the birth mother. Would your party amend Child Support legislation so that both partners to a separated lesbian relationship could use it to claim child support for a child born to them through donor insemination? Question 4.5 The ACT and Western Australia have amended their child adoption laws to allow same sex couples to adopt children provided they meet the same test as heterosexual couples are required to meet – essentially whether the proposed adoption would serve the best interests of the child. Other states like NSW prohibit same sex couple adoptions. Prime Minister Howard has criticised the ACT legislation and suggested the Commonwealth might override it. The federal government also introduced legislation to prevent inter-country adoptions by same sex couples. a) What is the attitude of your party to state and territory legislation which would permit same sex couples to adopt children? b) What is the attitude of your party to adoption of children from overseas by same sex couples? Question 4.6: Superannuation laws were recently changed to recognise a new category of "interdependency relationships" which will include many same sex de facto couples. However, not all same sex de facto relationships will be recognised under this new category and same sex couples are still not presumed to be dependants in the same manner as heterosexual de facto couples. Does your party support amending superannuation laws to ensure that same sex couples are recognised as de facto partners in the same way that heterosexual couples are recognised? Question 4.7: The recent Marriage Amendment Act 2004 prevents valid foreign same sex marriages from being recognised under Australian law. It has also enshrined the common law definition of marriage as being between a man and a woman into the Marriage Act. a) Does your party support a repeal of this legislation, to allow for the recognition of valid foreign same sex unions? b) Does your party support extending the definition of marriage to include same sex couples now or in the future? 5. IMMIGRATION Same sex partners of Australian citizens and permanent residents are currently able to apply for residency under the ‘interdependency’ visa category. However, the quota for this class of visa has been severely restricted in recent years relative to other classes of visas which apply to partners of the opposite sex. Same sex partners are not eligible for the other classes of visa. In recent times people living with HIV/AIDS applying for permanent residency have automatically had their applications fail at the primary stage because of the Department of Immigration and Multi- Cultural Affairs (DIMIA) refusal to exercise the health waiver. This has led to consuming and costly appeals to the Migration Review Tribunal. Question 5: a) Does your party support same sex partners of Australian citizens and permanent residents having the same rights with respect to immigration as heterosexual de facto partners? b) Given that many people living with HIV/AIDS have their applications for permanent residency succeed upon appeal, what strategies will your party implement to ensure greater DIMA discretion at the primary stage of the application process? 6. EQUALITY OBLIGATIONS Although inequality in the law is overwhelmingly negative, occasionally individuals benefit when their relationships are not recognised. The lesbian and gay community is aware that rights also come with obligations. However, we are deeply concerned that selective recognition may occur or that the imposition of obligations may precede the grant of rights, leaving lesbians and gay men with few rights but many obligations. Question 6: Will your party ensure that federal reforms imposing burdens on same sex couples are not introduced until and unless there is comprehensive equal status for same sex de facto couples in all areas of federal and state law? 7. SELF-DETERMINATION AND PARTICIPATION IN DECISION-MAKING Question 7: a) Is your party committed to involving lesbian and gay rights groups and other appropriate community based organisations in the process of making decisions and setting priorities on issues affecting the rights of lesbians and gay men? b) If elected how will your party consult with and involve lesbian and gay rights groups in the policy, planning and service delivery of issues affecting lesbians and gay men in Australia in the next Parliament and beyond? 8. HIV/AIDS AND THE 5th NATIONAL HIV/AIDS STRATEGY Since 1989, Australia’s national HIV/AIDS ministerial advisory committees have always included representatives from HIV/AIDS community based organisations, a person living with HIV/AIDS and a gay man. The current MACASHH, includes none of these. The current draft of the 5th National HIV/AIDS Strategy is an overly bureaucratic document which contains little strategy or leadership. It downgrades commitment to behavioural and social research as well as the inclusion of communities most affected and at risk of HIV infection – gay men. For the first time, it sees no role for government in creating an environment in which people at risk for HIV are encouraged to avoid disease transmission, to effectively access treatments or effectively support and care for those affected by the disease. All of this comes at a time when Australia’s response to HIV/AIDS is particularly fragile. Question 8: a) How will your party ensure that the commitment to partnership with communities most affected by HIV/AIDS is maintained? b) How will your party ensure that changes in knowledge, beliefs and behaviours among those most at risk of HIV are researched so that education interventions may be appropriately tailored? c) What will your party do to ensure the government provides leadership in combating HIV/AIDS? 9. LESBIAN AND GAY HEALTH PRIORITIES There is currently no policy and funding structure for gay, lesbian, bisexual, transgender (GLBT) health within the Commonwealth or NSW. We are not recognised as a population group or a target population in general health programs (as with women, Indigenous Australians, CALD people). GLBT people are effected by a range of health issues which impact in different ways on our communities – often access itself is a problem. Lack of an appropriate funding or policy structure means that existing programs are not required to meet the health needs of GLBT people, that research is lacking, and that funding is not forthcoming for us to develop our own services. Question 9: What commitments will your party make to respond to the specific health concerns of Australian lesbians and gay men? 10. MEDICARE PLUS AND HEALTH COST IMPACTS ON LOW INCOME EARNERS WITH HIV/AIDS AND OTHER CHRONIC HEALTH CONDITIONS The current Medicare Plus arrangements do nothing to meet the costs of prescription and other outof- pocket expenses for people living with HIV/AIDS and others with chronic illness who are on low incomes. Eligibility for so-called safety net provisions is linked to family status or with high thresholds (ie. $1,000 in prescription co-payment costs). Prescription and other costs for people with living with HIV/AIDS are for many up to $210 per month, even more where other additional medications (including prophylactics) are required. This does not cover costs for over the counter pharmacy medications used to ameliorate nausea, vomiting and diarrhoea or food and vitamin supplements, which are usually in the vicinity of a further $80/$100 per month. Question 10. How will your government assist those with chronic health conditions on low income who wish to remain in the workforce with the day to day expenses of health-care?

2004 Federal Election Survey on Lesbian and Gay Issues

The NSW Gay and Lesbian Rights Lobby, in partnership with ACON, have surveyed the main political parties on issues affecting our community in the lead up to the 2004 Federal Election. Below is a copy of the questions that were sent to the Liberal Party, the ALP, the Australian Greens, The Australian Democrats, and the Nationals.

As the results come in, they will be posted on our website.

The Questionnaire

1. EQUALITY

Substantial equality has been achieved in NSW and other state laws during the last 20 years, however, Commonwealth legislation has not kept pace and is woefully inadequate in comparison with many other democratic nations.

Question 1:

a) Is your party committed to equality for lesbians and gay men?
b) Please explain the strategies your party will adopt to ensure such equality.
c) Does your party have a dedicated portfolio area with responsibility for issues relating to lesbians and gay men?

2. PROTECTION FROM DISCRIMINATION

Federal anti-discrimination legislation prohibits discrimination on a number of grounds, including sex, race, ethnicity, marital status and disability, however, there is no such protection for lesbians and gay men.

Question 2:

a) Will your party enact federal legislation similar to the Sex and Race Discrimination Acts which would provide lesbians and gay men with comprehensive and effective protection from discrimination on the grounds of their sexuality? If so would it include a general equality guarantee capable of invaliding inconsistent legislation?
b) Will your party ensure additional funding and other resources for the Human Rights and Equality Opportunity Commission to administer such anti-discrimination legislation, including the appointment of a Sexuality Discrimination Commissioner?

3. EQUITABLE SERVICE PROVISION AND EMPLOYMENT

Some non-government and particularly religious rganisations discriminate in the provision of services to people who identify as gay or lesbian.

Question 3:

a) How will your party ensure publicly funded social welfare, health and community services contracted to non-government and religious based organisations do not discriminate against lesbians and gay men in employment and service delivery?

4. RELATIONSHIP AND FAMILY RECOGNITION

Lesbians and gay men are treated unequally by many laws that recognise heterosexual de facto partners but do not recognise same sex partners. For example: Same sex partners are not recognised in general taxation legislation preventing them from claiming a dependant for taxation purposes or from pooling household income for purposes such as the Medicare surcharge.
Same sex partners are not recognised in Federal worker’s compensation legislation. As a result when a lesbian or gay man dies in a workplace accident, his or her partner cannot receive benefits on the same basis as a partner of the opposite sex.

Question 4.1:

a) Does your party support treating same sex de facto partners in the same way as heterosexual partners in all areas of federal law?
b) If you support more limited reforms in select areas of federal law. If yes, what are they?

Question 4.2:

With the referral of powers of de facto property disputes to the Federal government, the Family Court will soon have the power to hear property disputes between unmarried heterosexual couples so that there is a single forum for disputes over both property and children. The Federal government has refused to accept power for same sex couples, who must continue to use State law for property disputes.
Would your party accept a referral of powers from States so that same sex de facto couples as well as heterosexual de facto couples can have property disputes adjudicated under the Family Law Act?

Question 4.3:

Co-mothers of children born through donor insemination into lesbian relationships have no recognition in Federal law. They are, however, increasingly accorded rights in State law, for instance in Western Australia, the ACT and the Northern Territory a consenting co-mother is presumed to be a parent for all legal purposes. Would your party amend Federal legislation to reflect the definition of parents used in State law in jurisdictions that now legally recognise lesbian co-mothers of children born through donor insemination?

Question 4.4:

Federal Child Support legislation presently allows a co-mother to claim support from a biological mother if she has the care of children following relationship breakdown, but it does not cover the reverse situation if the children remain with the birth mother.
Would your party amend Child Support legislation so that both partners to a separated lesbian relationship could use it to claim child support for a child born to them through donor insemination?

Question 4.5

The ACT and Western Australia have amended their child adoption laws to allow same sex couples to adopt children provided they meet the same test as heterosexual couples are required to meet –
essentially whether the proposed adoption would serve the best interests of the child. Other states like NSW prohibit same sex couple adoptions. Prime Minister Howard has criticised the ACT legislation and suggested the Commonwealth might override it. The federal government also introduced legislation to prevent inter-country adoptions by same sex couples.
a) What is the attitude of your party to state and territory legislation which would permit same sex couples to adopt children?
b) What is the attitude of your party to adoption of children from overseas by same sex couples?

Question 4.6:

Superannuation laws were recently changed to recognise a new category of "interdependency relationships" which will include many same sex de facto couples. However, not all same sex de facto relationships will be recognised under this new category and same sex couples are still not presumed to be dependants in the same manner as heterosexual de facto couples.
Does your party support amending superannuation laws to ensure that same sex couples are recognised as de facto partners in the same way that heterosexual couples are recognised?

Question 4.7:

The recent Marriage Amendment Act 2004 prevents valid foreign same sex marriages from being recognised under Australian law. It has also enshrined the common law definition of marriage as being between a man and a woman into the Marriage Act.
a) Does your party support a repeal of this legislation, to allow for the recognition of valid foreign same sex unions?
b) Does your party support extending the definition of marriage to include same sex couples now or in the future?

5. IMMIGRATION

Same sex partners of Australian citizens and permanent residents are currently able to apply for residency under the ‘interdependency’ visa category. However, the quota for this class of visa has
been severely restricted in recent years relative to other classes of visas which apply to partners of the opposite sex. Same sex partners are not eligible for the other classes of visa.
In recent times people living with HIV/AIDS applying for permanent residency have automatically had their applications fail at the primary stage because of the Department of Immigration and Multi-
Cultural Affairs (DIMIA) refusal to exercise the health waiver. This has led to consuming and costly appeals to the Migration Review Tribunal.

Question 5:

a) Does your party support same sex partners of Australian citizens and permanent residents having the same rights with respect to immigration as heterosexual de facto partners?
b) Given that many people living with HIV/AIDS have their applications for permanent residency succeed upon appeal, what strategies will your party implement to ensure greater DIMA discretion at the primary stage of the application process?

6. EQUALITY OBLIGATIONS

Although inequality in the law is overwhelmingly negative, occasionally individuals benefit when their relationships are not recognised. The lesbian and gay community is aware that rights also come with obligations. However, we are deeply concerned that selective recognition may occur or that the imposition of obligations may precede the grant of rights, leaving lesbians and gay men with few rights but many obligations.

Question 6:

Will your party ensure that federal reforms imposing burdens on same sex couples are not introduced until and unless there is comprehensive equal status for same sex de facto couples in all areas of federal and state law?

7. SELF-DETERMINATION AND PARTICIPATION IN DECISION-MAKING

Question 7:

a) Is your party committed to involving lesbian and gay rights groups and other appropriate community based organisations in the process of making decisions and setting priorities on issues affecting the rights of lesbians and gay men?
b) If elected how will your party consult with and involve lesbian and gay rights groups in the policy, planning and service delivery of issues affecting lesbians and gay men in Australia in the next Parliament and beyond?

8. HIV/AIDS AND THE 5th NATIONAL HIV/AIDS STRATEGY

Since 1989, Australia’s national HIV/AIDS ministerial advisory committees have always included representatives from HIV/AIDS community based organisations, a person living with HIV/AIDS and a gay man. The current MACASHH, includes none of these. The current draft of the 5th National HIV/AIDS Strategy is an overly bureaucratic document which contains little strategy or leadership. It downgrades commitment to behavioural and social research as well as the inclusion of communities most affected and at risk of HIV infection – gay men.
For the first time, it sees no role for government in creating an environment in which people at risk for HIV are encouraged to avoid disease transmission, to effectively access treatments or effectively support and care for those affected by the disease. All of this comes at a time when Australia’s response to HIV/AIDS is particularly fragile.

Question 8:

a) How will your party ensure that the commitment to partnership with communities most affected by HIV/AIDS is maintained?
b) How will your party ensure that changes in knowledge, beliefs and behaviours among those most at risk of HIV are researched so that education interventions may be appropriately tailored?
c) What will your party do to ensure the government provides leadership in combating HIV/AIDS?

9. LESBIAN AND GAY HEALTH PRIORITIES

There is currently no policy and funding structure for gay, lesbian, bisexual, transgender (GLBT) health within the Commonwealth or NSW. We are not recognised as a population group or a target population in general health programs (as with women, Indigenous Australians, CALD people).
GLBT people are effected by a range of health issues which impact in different ways on our communities – often access itself is a problem.
Lack of an appropriate funding or policy structure means that existing programs are not required to meet the health needs of GLBT people, that research is lacking, and that funding is not forthcoming for us to develop our own services.

Question 9:

What commitments will your party make to respond to the specific health concerns of Australian lesbians and gay men?

10. MEDICARE PLUS AND HEALTH COST IMPACTS ON LOW INCOME EARNERS WITH HIV/AIDS AND OTHER CHRONIC HEALTH CONDITIONS

The current Medicare Plus arrangements do nothing to meet the costs of prescription and other outof- pocket expenses for people living with HIV/AIDS and others with chronic illness who are on low incomes. Eligibility for so-called safety net provisions is linked to family status or with high thresholds (ie. $1,000 in prescription co-payment costs).
Prescription and other costs for people with living with HIV/AIDS are for many up to $210 per month, even more where other additional medications (including prophylactics) are required. This does not cover costs for over the counter pharmacy medications used to ameliorate nausea, vomiting and diarrhoea or food and vitamin supplements, which are usually in the vicinity of a further $80/$100 per month.

Question 10.

How will your government assist those with chronic health conditions on low income who wish to remain in the workforce with the day to day expenses of health-care?