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Background

Scope of the Anti Discrimination Act –Response to the Recommendations

Extension of Employment/Work Environment

Marital Status

Exceptions and Exemptions

Superannuation

Other Recommendations

DRAFT ANTI-DISCRIMINATION BILL 1999

Conclusion

MAJOR REPORT - April 2000

The NSW Anti-Discrimination Act

PART B - The Scope of the Anti-Discrimination Act –
Response to the Recommendations

6. Superannuation

We support the narrowing of exemptions relating to superannuation funds [Recommendations 61 and 64].

Currently both gay men and lesbians, in particular, are discriminated against at multiple points in their access to superannuation despite making the same contributions as their colleagues. For both lesbians and gay men, as members of same sex couples and parents whose relationships are not recognised under superannuation legislation and by trustees leading to nonpayment of death benefits.

In the specific case of lesbians:

• As women with decreased access to superannuation as recognised by the Lavarch Committee;
• As women who may receive a smaller pension as a result of the selective use of actuarial data; and
• When lesbians are in a couple the impact of the last two bases of disadvantage is doubled. Unlike heterosexual women in relationships, there is no male partner to balance out the financial impact with his greater superannuation benefits.