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

Harmful proceedings orders

A change that was made to the Family Law Act 1975 in 2024 was to allow the Federal Circuit and Family Court of Australia and the Family Court of Western Australia to make a harmful proceedings order. This is to stop the never ending cycle of abusive court proceedings, which often stretch on for a decade, and… Read More »Harmful proceedings orders

Practical Family Law Drafting: Stephen Page’s Legalwise Intensive Paper

Stephen Page, Director at Page Provan Family and Fertility Lawyers, presented at the Legalwise Practical Family Law Drafting Intensive on 25 February 2026, delivering expert guidance on drafting interim property and maintenance applications. As Australia’s leading surrogacy lawyer and an Accredited Family Law Specialist since 1996, Stephen brings decades of frontline experience to family law… Read More »Practical Family Law Drafting: Stephen Page’s Legalwise Intensive Paper

Can Children Born Through Surrogacy Have Secure Parentage Worldwide?

International surrogacy is a global reality. Advances in assisted reproductive technology, combined with cross-border family formation, mean children are being born through surrogacy in jurisdictions with very different laws and values. That diversity creates a legal and human-rights problem: how can the parentage and identity of these children be protected consistently and quickly across borders?… Read More »Can Children Born Through Surrogacy Have Secure Parentage Worldwide?

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