HREOC calls for end of discrimination against same sex couples

HREOC calls for end of discrimination against same sex couples

Simple changes could end discrimination for thousands of Australian couples
Changing the definitions describing de facto relationships in relevant federal laws could help end daily discrimination suffered by more than 20,000 same-sex couples in Australia, according to a report by the Human Rights and Equal Opportunity Commission (HREOC), tabled in Federal Parliament.

The Same-Sex: Same Entitlements Report, being officially launched in Sydney by Australia’s Human Rights Commissioner Graeme Innes AM, found that 58 federal laws denied same-sex couples and their children basic financial and work-related entitlements available to opposite-sex couples and their children.

“As one man told us during our Inquiry – same-sex couples are first class tax-payers but second class citizens – and we have certainly found this to be true,” Mr Innes said.

“This discrimination is completely unfair. There are 58 federal laws breaching the most fundamental of human rights principles – non-discrimination, equality before the law and the best interests of the child.”

Mr Innes pointed out that same-sex couples often pay more tax than opposite-sex couples because of discrimination in tax law, yet they cannot expect the same entitlements in employment, workers’ compensation, veterans’ entitlements, health care subsidies, family law, superannuation, aged care and immigration law.

“Simple amendments to the definitions in a raft of federal laws would end this discrimination,” Mr Innes said.

President of HREOC, John von Doussa, who also led the Inquiry, said the discriminatory laws also have a negative impact on children.

“The Inquiry found that the best interests of children would be better protected if federal, state and territory laws changed to recognise the relationship between a child and both parents in a same-sex couple,” Mr von Doussa said.

The Same-Sex: Same Entitlementsreport is based on HREOC’s 2006 National Inquiry into discrimination against people in same-sex relationships in the area of financial and work-related entitlements. The Inquiry held public hearings and community forums around Australia and received 680 submissions covering a range of topics, many of which described first-hand the impact of discriminatory laws on same-sex couples and their children.

To read the whole report,
click here.

Stephen Page, Harrington Family Lawyers, Brisbane spage@harringtonfamilylawyers.com 61(7) 3221 9544

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Why adoption has become “institutionally invisible” in Queensland

Queensland’s child protection system is facing an urgent and deeply troubling question: why are children who cannot safely return home being left in state care for years, often moving from placement to placement, without genuine consideration of adoption? The recent Child Safety Inquiry has put that question squarely on the table. Its findings are confronting.… Read More »Why adoption has become “institutionally invisible” in Queensland

Queensland sperm donor family limits explained

  Queensland’s new sperm donor family limits were meant to provide sensible safeguards for children conceived through donor treatment. Instead, Queensland Health has adopted an interpretation that appears to split a female same sex couple into two separate families. That position is difficult to reconcile with the law, common sense, and the lived reality of… Read More »Queensland sperm donor family limits explained

South Australia surrogacy agreements: are they unlawful?

South Australia takes a distinctly narrow approach to surrogacy agreements. The issue is not simply whether a proposed arrangement is altruistic, or whether everyone involved has acted with the best of intentions. Under the Surrogacy Act 2019 (SA), the first question is whether the arrangement falls into the category of a lawful surrogacy agreement. That… Read More »South Australia surrogacy agreements: are they unlawful?

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board