Co-Convenor's Report

Secretary's Report

Campaigns Reports

Events and Fundraising Report

Treasurer's Report

Summary of Achievements

Thank you

ANNUAL REPORT 2001-2002

Campaigns Reports

Age of Consent

Members would be well aware that the Gay and Lesbian Rights Lobby has continued to campaign extensively in 2001-2002 for the equalisation of the current discriminatory age of consent laws in NSW. Legislation to repeal the discriminatory provisions that set the age of consent for gay men at 18 was last before the Legislative Council in 1999 in the form of MLC Jan Burnswoods' Crime Amendment (Sexual Offences) Bill 1999. This was defeated at second reading by a single vote. Since then a great deal has changed. Unfortunately the law in NSW continues to treat young gay men differently to heterosexuals and lesbians. NSW shamefully now has the most draconian laws of any Australian State or territory on this issue.

The Lobby has been working very hard behind the scenes to assist in supporting the conditions that will best facilitate reform when the matter comes to the Upper House for a vote later in 2002.

This strategy has involved four key components. Firstly, demonstrating that an unequal age of consent is harmful to young men, secondly improving our members' and community's understanding and literacy of the issue, thirdly building networks and partnerships with other organisations in preparation for the campaign and finally direct lobbying of parliamentarians and opinion leaders.

Members may recall that when this matter has previously come before the parliament a number of parliamentarians and sections of the media argued (without any evidence) that a discriminatory age of consent actually protects young gay men from harm. The health and welfare sector for some years have been calling for an equal age in recognition that there are negative implications for young gay men due to the discriminatory nature of these laws. However, there was no research or evidence to ground such calls.

Therefore in 2001 the Lobby contracted the School of Social Work at the University of New South Wales to investigate and report back on the health and welfare implications of a discriminatory age of consent. This research was funded by a generous donation from Don Baxter and community fundraising efforts. The research report 'The Age of Consent and Gay Men in NSW' was presented to the GLRL in early 2002.

UNSW researchers' Dr Richard Roberts and Mr Peter Maplestone undertook a groundbreaking world first investigation into the impact of the current laws and concluded that

'no substantial psychosocial evidence was found to support a higher age of consent for young gay men. The evidence supports the position that the age of consent should be equalised on the grounds that the current position is not only discriminatory against young gay men but is harmful in inhibiting their access to educational, health and welfare service at a time when they need them most'.

Clearly there can be no stronger argument for law reform given the University's strong evidence of the negative impact for young men.

NSW Upper House members, relevant Ministers, community media, public and university libraries, parliamentary and other advocates for equality and other opinion leaders have all received copies of this groundbreaking report. The report, which is available on our website, has been popular with our internet visitors and large numbers have accessed the University report online.

The University report has now completed the picture for the rational arguments for an equal of age of consent in NSW. There is no evidence for a continuing discriminatory age of consent on health and welfare grounds, there is no evidence on a child development and psychological grounds, and there is no evidence on a human rights, crime prevention or child protection grounds. The only evidence and explanation for a continued discriminatory age of consent is homophobia and a lack of leadership from our elected representatives.

Despite this, there is some cause for optimism.

Awareness of the issues in the community was heightened by the Heffernan affair, John Brogden in becoming Leader of the Opposition continued in his public support of an equal age of consent and WA changed its anachronistic age of consent of 21 for gay men leaving NSW as the last state for equal age of consent laws.

At a parliamentary level, Jan Burnswoods continued with her work with her ALP colleagues to support her bill to equal the age of consent currently before the Upper House. At the time of writing this report a vote is expected prior to September on Jan's bill and we are reasonably confident of its successful passage from the Upper House to the Lower House.

In addition, MLC Arthur Chesterfield Evans has also put forward a private members bill ensuring the issue does not fall off the parliamentary agenda and was also successful in generating some mainstream media of the importance of equality in such laws.

Significantly, following a question from long time advocate for gay and lesbian rights, Clover Moore MP, who asked a question without notice to the Premier. Premier Carr responded to the Parliament that he could think of no substantial argument against introducing a uniform age of consent in NSW. This is a major breakthrough in that there is now support from the Premier, Attorney General and Leader of the Opposition in supporting an equal of consent. However neither the Attorney, Leader of the Opposition or the Premier are willing to demonstrate leadership and a commitment to equality by introducing a government or private member's bill into the house.

Disappointingly, the government has continued to argue in a similar manner to the Liberal party that age of consent is a matter of conscience rather than a government or party support. This is because it is seen as a moral issue. The Lobby finds it difficult to understand why the health and welfare of young gay men should be left to individuals to vote as they please or why only issues affecting our rights and welfare are seen as moral issues rather than legitimate issues of government policy. In addition, the argument that matters relating to homosexual law reform are dealt with as conscience matters in the ALP in not consistent with the WA, QLD and NT ALP government's approach to equalizing the age of consent where the matter was dealt with as government business rather than as private members' bill. Hence its success.

Therefore as there is no caucus position, the Lobby has been active in directly lobbying individual parliamentarians, the Attorney and Premier arguing that there is no evidence anywhere in the world to support a discriminatory age of consent. Of course neither the Attorney nor the Premier are able to cite any evidence or justification to support these discriminatory laws and whilst the government and parliament play politics and treats young gay men as criminals - young gay men suffer.

It is fair to say that the prospects of reform are probably much better now than before and with this in mind in mid 2002 the GLRL launched our annual rights campaign with a key component of the campaign concentrating on age of consent. The 'last state' campaign with the CRMNL-16 poster, community media advertisement and post cards was designed specifically to engage lesbians and gay men in the issue and facilitate direct action by community members. This direct action involved posting the last state campaign post card to Premier Carr demanding equal rights for gays and lesbians in NSW. A number of community groups and organisations have collaborated with the GLRL to ensure distribution and participation in the campaign from across NSW. We thank our partners for this support and assistance and as at mid August 2002 we estimate over 500 postcards have been sent directly to the Premier. This strong showing of community support for equality clearly demonstrates to the Premier that there are more votes to be won in the upcoming state election in equality than in homophobia.

Finally after many years of lobbying and activism this matter will shortly come before the parliament and symbolically as well as practically this issue is one that our community cannot afford to lose the fight for. It will be incumbent not only for the GLRL to fight for equality on this issue but for all our supporters and advocates both inside and outside the lesbian and gay communities to rally together in the fight for an equal age of consent. The supporters of homophobia and discrimination will no doubt mobilise and fight equality. However, with the Gay Games rapidly approaching and the world's media descending on NSW we hope the government will take action to equalize the age of consent.

Anthony M. Schembri + Kathy Sant

Meet the Parents

Myths that gay and lesbian parents are in some way harmful to their children are still prevalent and continue to support discriminatory laws, policies and social attitudes. During 2000 the Senate held an inquiry into possible changes to the Sex Discrimination Act (1984) to prevent lesbians and single women from accessing fertility services. The Gay and Lesbian Rights Lobby and many other community organisations and individuals made submissions to the inquiry which included references to research from reputable universities and social science bodies demonstrating that lesbian and gay parents are in no significant way different to heterosexual parents and that parental sexuality has never been shown to have a negative impact upon children's well being. On the other side, organisations from the religious right cited flimsy and invented statistics often reproduced from their parent groups in the USA that lesbians and gay men are promiscuous, predatory, diseased, and inclined towards child sexual abuse. Breathtakingly, the Senate report concluded that there were "extensive references" to support claims on both sides.

It was clear that social and legal policy is still being heavily influenced by myths and stereotypes, which in the process of repetition and reproduction are elevated. In early 2001 the GLRL committee decided to commission a report on the research around lesbian and gay families to comprehensively debunk the myths. The document, produced by Jenni Millbank in January 2002, is a summary of over 25 years of research covering over 200 separate studies on lesbian and gay families. The report concludes that all of the reputable social science and psychological literature over this period demonstrates that children need the care of a stable adult parent or parent figure and that parenting style is not connected to sexuality.

The report was launched by Dr Kerryn Phelps on Fair Day, 21st February 2002. 'Meet the Parents: A Review of the Research on Lesbian and Gay Familes' is available at www.glrl.org.au

Jenni Millbank

And then the Brides Change Nappies

While recognition of partner relationships advanced in NSW since 1999 (though now lagging far behind Victoria and - who would have thought? - Western Australia) there have been very few changes to laws concerning parent-child relationships. Non-biological mothers have virtually no legal connection to the children they raise, and the position of known donors who also have a role in bringing up the children they help create is very unclear (legally they are not fathers, but both a biological and social connection to the child was valued by the Family Court in a recent and tragic dispute between a lesbian mother and gay donor-dad.)

The NSWLRC has recently issued a discussion paper from its inquiry into relationships. The GLRL has been concerned that there is very little empirical data about lesbian and gay family forms in Australia and little sense of how our communities would want their parenting relationships to be recognised. In 2001 the Lobby consulted with parents generally about their issues. This process will be more closely targeted to developing reform models.

The project will develop a plain language document exploring various law reform options for the recognition of parent-child relationships within the lesbian and gay communities. Like The Bride Wore Pink, the 1993 document that became the basis for our relationships campaign, Nappies will outline the possibilities for reform models and engage in a process of community consultation to see which models are most needed, and which are supported.

Jenni Millbank