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Same-Sex: Forum: Darwin

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 DARWIN PUBLIC FORUM 6.30 - 8.30pm (2 November 2006)

No audio files are available for this forum.

20 people attended the community forum in Darwin 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.

Census

One participant commented that there was no recognition of same-sex couples in the census.

Discrimination

Participants explained that many same-sex couples have experienced discrimination, individually and as a couple. Once they have had that experience they do not want to take the risk of experiencing it again. So they don't try and claim things that they may be entitled to.

Financial Planning

One person noted that at the moment Capital Gains Tax works in favour of same-sex couples. For example if you own and are selling multiple properties you can put each one under a different name, yours or your partners.

However financial planning then becomes complex and complicated to do. Often the planning advice is based on an opposite-sex couple. This advice does not apply to same-sex couples.

Information

A participant commented that often people who are gay or lesbian do not know where to go to find out whether or not they are entitled to something. This information is not easily available.

Interdependency

One person stated that proving that you have an interdependent relationship can be difficult. People have to do this while they are grieving for the loss of their partner. This adds another burden that they have to cope with. However for opposite-sex people the relationship is assumed.

Another participant commented that there is a lack of consistency. For example for social security payments a person is considered independent and they have to fill the forms as an individual. However, with superannuation they have to prove they have an interdependency relationship.

Immigration

One person described the experience of moving to Australia, from the United States, to live with her partner. As they were not living together they were not recognised as having an interdependent relationship. This meant that she had to apply for a visa as an individual. This was a more difficult and stressful process.

This person described how they also knew of individuals who had initially been denied entry into Australia. These individuals then married their opposite-sex partner and were able to get a visa to live in Australia.

She stated that she would have happily married her partner but that privilege is completely denied to same-sex couples.

Social Security

A participant commented that many people do not apply for social security benefits as they presume that they will be discriminated against. Often when they do find out they could get a payment they are no longer eligible.

For example one person described how a carer did not apply for the carer's payment. They presumed that they would not be eligible as they were in a same-sex relationship. They found out they could claim the payment but it was too late as their partner had died. They also did no know that there were benefits available to assist with funeral and other costs.

Another person described a situation where same-sex couples cannot claim their partner's pension when their partner dies. Opposite-sex couples are able to claim that second pension for ten weeks after their partner's death to assist with funeral and other costs. This means that the same-sex partner faces even greater financial disadvantage at the loss of their partner.