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Same-Sex: Adelaide hearing

Same-Sex: Same Entitlements

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

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WRITTEN AND AUDIO NOTES

Adelaide Hearings, 28 August 2006

1. John von Doussa QC, President, Human Rights and Equal Opportunity Commission - Opening Speech

2. Sue McNamara and Leanne Nearmy (Personal Story)

Sue and Leanne talk about their experiences as a lesbian couple who have just become the parents of a five week old child.

Sue and Leanne have been together for eight and half years. They contribute to the community though volunteer work, donations and providing respite care to a foster child. They find it frustrating that they are allowed to care for foster children, yet they are not allowed to adopt children or access assisted reproductive technology.

Leanne is the non-biological parent of their newly born daughter. She explains that if something had gone wrong during Sue's delivery of their child, she is not sure she would have been recognised as Sue's next of kin and may not have been consulted about what happened to their baby. Leanne is not on her daughter's birth certificate, she receives no tax rebate for her dependants, she is not able to take parental leave, and her child is not on her Medicare card.

Sue describes some of the difficulties that she has faced in her job because she is in a lesbian relationship.

Sue and Leanne explain that they have taken out an enduring power of attorney and guardianship for each other and have been very deliberate in making sure that their financial arrangements reflect their interdependence.

Leanne concludes as follows: 'We are an average suburban family. We are working hard and contributing to our community. We don't want special treatment - just what others can expect from their legal and social community. Our rights are denied simply because of who we love. We just want equality.'

3. Barry Mortimer and Henry Tib (Personal Story)

Barry and Henry have lived together for 30 years in both the United Kingdom and Australia. Barry is an Australian citizen and Henry is a citizen of the UK.

Barry and Henry began their relationship in the UK, but in the 1980s considered moving to Australia because of Barry's employment situation. Henry was able to enter Australia on a tourist visa and could then apply for residency. The move involved giving up their home and friends and resigning their jobs - quite a traumatic process.

Henry explains their frustration that other countries have moved so far ahead of Australia regarding rights for same-sex couples. Soon they will go back to the UK to have their relationship recognised as a civil partnership. Henry talks about their feelings of exclusion in the Australian community.

Henry says: 'We won't settle for less than the same rights and responsibilities as other members of the community. We expect complete equality with other Australians.'

4. Let's Get Equal, Matthew Loader

Let's Get Equal observe that South Australia is the only state or territory that does not offer broad based legal recognition to same-sex couples. They comment that South Australia was once a pace setter in legal reform, but now holds the wooden spoon.

Let's Get Equal talk about a mosaic of systemic discrimination ever-present in the lives of same-sex couples. Just one example is that one member of a same-sex couple has to pay significant stamp duty if he or she wants to transfer a house into the name of the other.

Let's Get Equal describe the movement towards legislative reform in South Australia over the last few years. They hope that a reform Bill will be introduced in the next session of Parliament.

If passed, the Bill will provide same-sex couples with the same rights as opposite-sex couples. The Bill will amend over 90 state laws. However, Let's Get Equal observe that the Bill does not include equal rights for same-sex parents in the areas of adoption, assisted reproductive technology and presumption of parentage for non-biological parents. Let's Get Equal argue that this is contrary to human rights of same-sex couples and to the best interests of their children.

Let's Get Equal also argue that access to legal recognition of relationships through civil unions or a registration process has both practical and symbolic impact.

5. Dr Jo Harrison (Aged Care Expert) and Margie Collins (Personal Story)

(a) Dr Jo Harrison

Dr Jo Harrison is an academic in the School of Health Sciences at the University of South Australia. She explores issues around aged care for people in same-sex relationships.

Dr Harrison argues that the issue of aged care for gay and lesbian couples is neglected by both aged care experts and gay and lesbian lobby groups. She suggests that Australia lags behind the US in the protection of GLTBI individuals and couples.

Dr Harrison argues that ageing same-sex couples may face financial hardship as a result of fees for residential and other services, which are not charged to heterosexual couples. In some cases same-sex couples face the threat of the loss of the family home at a time of serious distress.

Dr Harrison explains that out older people are a relative rarity and that many are determined not to be subjected to the formal aged care system. Economic inequity contributes to this attitude.

Dr Harrison concludes that an audit of legislation, policy and guidelines affecting ageing GLTBI people is urgently needed in Australia.

(b) Margie Collins

Margie Collins is Dr Harrison's partner of 21 years. She explains that they have wills, power of attorney and a power of guardianship in order to prove their interdependency.

Margie Collins describes the inequities that they face with superannuation. She explains that although investment in superannuation is financially advantageous in principle, they are not willing to invest in super because they cannot trust that the other will be able to access the investment if one of them dies.

6. South Australian Equal Opportunity Commission, Linda Matthews

Commissioner Matthews states that there is no logical reason for denying genuine legal equality between people in same-sex relationships and other Australians. She believes that there is community support for change.

Commissioner Matthews observes that there was a time when South Australia was a pioneer in law reform. She expresses support for law reform that will help South Australia catch up with other states and territories in this field.

Commissioner Matthews outlines the types of discrimination complaints received from people who are gay and lesbian. She notes that while the Equal Opportunity Act (SA) recognises 'sexuality' as a ground of discrimination, the ground of 'marital status' does not include same-sex partners.

Examples of complaints to the South Australian Commission include:

  • a woman who was prevented from seeing her partner after a serious car accident
  • workers who were given the sack because their same-sex partner arrived to pick them up after work
  • people refused access to their partner's superannuation on death even when named as beneficiary

Commissioner Matthews comments on opposition to law reform from fundamentalist religious groups, suggesting that such groups do not represent community views. She notes that moderate religious groups do support law reform giving equality to same-sex couples.

Commissioner Matthews concludes by saying that it is time that federal laws stopped pretending that same-sex relationships did not exist. She argues that it is important to give people in same-sex relationships the recognition that they deserve.

7. Apology - Ian Hunter MLC

Ian Hunter MLC was unable to attend the hearing but attached is his opening statement.