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National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits

Opening Statement for Public Hearing

Adelaide, 28 August 2006

John von Doussa QC, President 

I begin by acknowledging the traditional owners of the land on which we are meeting and pay my respects to the elders both past and present.

I would also like to thank the Equal Opportunity Commission of South Australia for hosting us here today.

Welcome

Welcome to the Human Rights and Equal Opportunity Commission public hearing on the National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits.

We call this the Same-Sex: Same Entitlements Inquiry for short.

What is this Inquiry about?

This Inquiry is about equal rights for gay and lesbian couples trying to access the financial entitlements and work benefits that heterosexual couples take for granted.

The right to non-discrimination and the right to equality before the law are two of the most fundamental principles of human rights law. Yet there are a raft of laws on Australia's books that clearly deny certain rights to gay and lesbian couples.

Our goal is to identify those discriminatory laws, explain the impact of those laws on real people and recommend changes to those laws so that the discrimination disappears.


What is today's hearing about?

This morning we are holding the third of seven public hearings that will take place in capital cities all around Australia. During these hearings we hope to gather more information from selected organisations and individuals who have already made written submissions to the Inquiry.

In addition to formal public hearings, we are holding informal community forums in capital cities and regional areas. The purpose of those forums is to allow any individual to share their views and experiences with the Inquiry. One of those forums will take place tonight in Adelaide and another tomorrow in Murray Bridge.

These two types of consultations mark the second phase of the Same-Sex: Same Entitlements Inquiry.

What has happened so far in the Inquiry?

The first phase of the Same-Sex: Same Entitlements Inquiry commenced on 3 April this year. At that time we published a Discussion Paper outlining some of our preliminary research. We also invited any individual or group to provide us with written submissions.

We have been delighted with the response. We now have 350 written submission from individuals and organisations.

What do the written submissions talk about?

The written submissions cover many issues, including leave entitlements, workers' compensation, social security, Medicare benefits, superannuation death benefits and taxes.

It is not surprising that these issues preoccupy many in the gay and lesbian community. After all, everyone struggles to minimise expenses and maximise income to provide financial stability during life and to leave one's family in the best possible situation after death.

But it is disappointing that there are so many laws which make it so much harder for gay and lesbian couples to manage their finances, when compared to heterosexual couples.

We are very concerned by the large number of submissions that describe the considerable stress and anguish caused to gay and lesbian couples by these discriminatory laws.

For example, some submissions describe how a gay man, unlike a heterosexual man, may be denied access to his partner's superannuation benefits if his partner worked for the Commonwealth public service.

Other submissions tell us that a lesbian woman, unlike a heterosexual woman, cannot claim tax rebates for child care. Nor can she claim a tax offset for her dependent partner.

And if a gay couple needs medical treatment and medication, they must spend more than a straight couple before they get the benefit of the Medicare Safety Net or the Pharmaceutical Benefits Scheme protections.

The submissions describe the financial strain that these discriminatory laws place on gay and lesbian couples. They also suggest that the law treats gay and lesbian couples as second class citizens, not deserving of the same rights as heterosexual couples. As one person put it:

I am "first-class taxpayer but second-class citizen"[1]

Another person expressed his frustration as follows:

The inequalities embedded in current legislation are obvious and are inexcusable. "Understanding, tolerance and inclusion" are said to be values of the Australian community. Current legislation tells another story.[2]

What are we going to hear about today?

Today we are going to hear from a variety of organisations who will tell us more about the discriminatory laws on the books, how they work and how they should be changed.

We will also hear from a few individuals who have kindly agreed to tell us about how they have tried to cope with the impact of discriminatory laws. In particular we are interested in the way the South Australian laws impact on gay and lesbian couples since it is quite different in this State than it is in other states and territories.


What are the rules of the day?

For the media in the room, you should check in with the Commission's staff. They have some printed notes for media on confidentiality and privacy issues that may arise.

If there are any individuals in the room who do not wish to be identified, you should also speak to Commission staff.


How will the proceedings be recorded?

The Commission will be recording all of the testimony on audio files. We will attempt to place those files on our website as soon as possible.

We will also be taking notes from the proceedings and will be placing a summary of those notes on the website.


What documents are available?

You can obtain a written copy of the Agenda from Commission staff if you would like to see a full list and approximate timetable of the people who will be appearing today.

In addition we have a one page document giving some background to the Inquiry ( a green document).

And if you are sitting in the audience and would like to provide some comments to us about the proceedings today (a blue form) or about the issues we are talking about (a pink form) please see our staff.


Conclusion

We expect to learn a lot by the time lunchtime comes around. We hope that those in the audience do too.

[1] Submission 295, Dr Jeremy Field.

[2] Submission 288, James Duncan.