Same-Sex: Blue Mountains forum
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 NOTES
NOTES FROM BLUE MOUNTAINS FORUM COMMUNITY FORUM 6.30 - 8.30pm (16 November 2006)
No audio files are available for this forum.
25 people attended the community forum at Katoomba and discussed a range of issues.
The following is an overview of the comments made during the community forum.
These comments reflect the views of the participants in the forum; they do not necessarily represent the final conclusions of the Inquiry.
Superannuation
One woman says that as superannuation is a legal issue, she feels it is something she is powerless to change by herself.
A second woman says that even though superannuation is a legal issue, the policy of discrimination against people in same-sex couples has been decided by someone, somewhere in the government. In this sense it feels like an expression of personal discrimination. She also explains the difficulties in obtaining the superannuation of a deceased partner, and describes feelings of guilt when a deceased partner's family makes a claim for the payment. She expresses outrage that she has no say where her money will go when she dies.
Another woman expresses concern that the new changes to superannuation laws, to be introduced next year, will even further widen the gap between same-sex and opposite sex couples.
Tax
One woman explains that over the last six years she and her partner have been paying so many thousands of dollars a year on tax. One of them earns over $50 000, one of them earns less than that. They do not meet the $100 000 couple threshold. If they were an opposite-sex couple they wouldn't be paying as much tax and would be receiving rebates.
Social security
Some social security laws benefit people in a same-sex couple because they are treated as individuals and not recognised as a couple. A number of people express concern that the government might remedy these laws, but not other areas of law where they are currently disadvantaged by being in a same-sex couple.
Youth Allowance
One man says that Youth Allowance is an area of social security where there is most definitely no benefit in being in a same-sex couple. Opposite-sex couples can claim an independent rate of Youth Allowance. This benefit is not available to same-sex couples. He says that The Social Security Guide outlines the circumstances under which a young person may be eligible for an allowance if they are unable to live at home. Coming out to your parents is not mentioned. It is left to the discretion of a Centrelink officer to decide whether a person is eligible under these circumstances. The man reports a number of incidences where gay and lesbian people have been denied the allowance granted to people unable to live at home. They have been told that being homosexual is a lifestyle choice, and nothing to do with their parents.
A woman says that she is concerned that denying young people who cannot live at home Youth Allowance, increases the risk that they will not be able to find somewhere secure to live. This is significant because often young people who can no longer live at home are at their most vulnerable.
A man says that now he is over 25, he is eligible for Austudy. As Centrelink won't recognise a same-sex relationship, his partner's assets are not taken into account in determining his rate. However they would be if he were in an opposite-sex relationship. The man says that this benefit in no way accounts for the four years he studied without access to Youth Allowance.
Industrial Relations
One woman says that she has chosen to work in the public sector, because in some ways it is easier to be 'out' in a public sector workplace than in private. She is concerned that the new WorkChoices legislation will make work more difficult and less secure for gay and lesbian people in the private sector. This is particularly for lower-paid workers with no access to a union, who have to negotiate their AWA with a small employer.
Another woman remarks that the idea of 'citizenship' in Australia is largely premised on your ability to work, to buy a house and to contribute to society. The new WorkChoices law makes work less secure for young gay and lesbian people, and further alienates them from society.
Discrimination laws
One man says that homosexuality isn't a recognised ground for discrimination under any federal act. Federal legislation in this area would be welcome, given that state laws vary in their protection of homosexuals from discrimination and harassment. The man says it is unsatisfactory that even if state laws do cover homosexuality, churches and religious schools are exempt from these anti-discrimination laws.
Another man says that as a trained Christian Minister, there are many opportunities for work, but hardly any are within pro-gay organisations, which makes it almost impossible for him to find work.
Census
One woman says she would like to see a number of questions on the census form that would allow people to identify themselves as living in a same-sex couple. This way, the number of people discriminated against could be clearly identified.
Aged Care
One woman, who has undertaken research into aged care facilities in the Blue Mountains area says that most, if not all facilities promote their cultural diversity policy. However, this does not always include an awareness of sexuality diversity.
Some aged care facilities in the Blue Mountains have a very inclusive and supportive approach to same-sex couples. However, the woman says the concern is that this gay-friendly approach can cease when a manager leaves the facility. Often the attitudes of staff are dependent on who is the manager. If the manager is gay-friendly, or if the manager is homophobic, that can filter down to staff.
Another woman said she has heard horrific stories of gay and lesbian people receiving a low standard of aged care and it makes her worry how she will be treated if she develops a serious medical condition when she is older.
Health Care
One woman says that when she was in a same-sex relationship, she and her partner and their three children found it easy to be covered under a family policy for private health insurance. She says this makes Medicare's refusal to acknowledge same-sex relationships more difficult to understand.
She explains that her former partner's daughter had health problems and medical expenses were high. The family suffered financial difficulties because both women had to reach the Medicare threshold before they could claim any rebates.
De Facto laws
One woman makes an analogy between the reform of heterosexual de facto laws twenty years ago. She says that as hard as it is to believe now, at the time that reform of the law was proposed, there was significant opposition from some community groups. She says that the fact that those laws were reformed is encouraging and that perhaps it would be useful to re-examine some of the arguments that were used to advocate for the amendment of the de facto laws.
However, she says the situation for same-sex couples at the moment is tenuous as they can only rely on the goodwill of others in the community, and not the law.
Young People
One woman says she is concerned that young gay and lesbian people are not sufficiently aware that they are being discriminated against. It was not until she was 23 and working that this woman, was made aware that she could not nominate to who her superannuation would go if she died. She is concerned that for young people who are perhaps not well-educated and/or struggling in low-wage work, superannuation is not a major concern. They might never be aware of the discrimination.
This woman tells the story of how she discovered that her superannuation fund did not record her nomination of her partner as a dependant because she was of the same sex. She describes her shock that her partner would not be considered a beneficiary, even though she had put her name on the form and signed it, allowing the superannuation fund to take her money.
The woman says it is particularly difficult to make young gay and lesbians aware of the issues facing them if they don't have access to the gay press. She says the best way to contact young people is on myspace.com.
Another woman remarks that the introduction of Voluntary Student Unionism has reduced the avenues of communicating with gay and lesbian students at university. She says that her experience at university was positive and it was a supportive environment for people 'coming out', however young people now might not enjoy that same environment.
Retirement
A number of people explain that the absence of recognition of same-sex couples under superannuation, tax, intestacy and medical laws (to name a few) make them uncertain and not confident of their retirement period.
Intestacy
One man tells a story of a gay friend whose partner died and left him his dog. The deceased man's parents were not happy with this and tried to issue a warrant for their son's partner's arrest for stealing the dog. The deceased man had anticipated that his parents might react in this way and so before his death signed a statutory declaration that he had sold his dog to his partner.
These kind of stories highlight the uncertainty many people in same-sex couples feel, particularly at times of great stress such as when a partner dies.
Children of same-sex couples
A number of people share stories of how their children have been affected by them living in a same-sex relationship. People tell that their children and grandchildren's willingness to be upfront about their parents and grandparents sexuality educates their friends and others in the community.
Other people speak of how unfair it is that their children and grandchildren have to take responsibility for their parents and grandparents by defending them or dealing with the consequences of others' prejudice.
Transgender
One man raises the issue that some of the discrimination faced by people in same-sex couples is exaggerated further for people who are transgender. Access to medical care and aged care is sometimes more difficult for these people. He recounts a story of a friend who is a trans-woman, and was told by Centrelink that the only reason she couldn't get a job was that she dressed so ridiculously.
Personal attitudes
One woman explains that on a personal level, she hasn't been subjected to as much discrimination or harassment as some other gay and lesbian people. She says this is because of her 'up front' attitude, not hiding anything. This is in contrast to her position with the law - she says she feels relatively powerless to change the discrimination at that level.
Community attitudes
One woman describes the difference that community attitudes can make to the peace of mind of same-sex couples and their children. She said that the Blue Mountains community felt more supportive of same-sex couples than other areas in Australia she has lived in.
