HREOC Same Sex Entitlements Hearing

1. HREOC Same Sex Entitlements Hearing Abigail Groves Bridget Haire Australian Federation of AIDS Organisations (AFAO)

2. This submission • Workplace Relations Amendment (Work Choices) 2005, section 244 paternity leave (short and long) • Income Tax Assessment Act 1936 • Health Insurance Act 1973 • Superannuation legislation Amendment (Choice of Superannuation Funds) Act 2004 • Safety, Rehabilitation and Compensation Act of 1988 • Veterans Entitlements Act 1986; Military Rehabilitation and Compensation Act 2004 • Judges Pensions Act 1968 • Social Security Act 1991* (other changes needed before this)

3. Ageing Injury Sickness Being out of work Childbearing and rearing Care for the sick, the aged, the very young (exception is taxation, where the able make provision for the future) Equity Rights of the child Balance of benefits and burdens – for example, under the current legislative regime, members of same sex couples are untitled to fewer benefits, but bear an increased tax burden Legislative theme

4. Equitable access to medical services and drugs • Health insurance Act (1973) defines family as a person’s spouse, or a dependent child of the person or spouse • PBS Safety net defines ‘spouse’ as “a person who is living with another person of the opposite sex on a bona fide domestic basis although not legally married to that other person.”

5. Managing change - principle of equity • Legislation that disadvantages same sex couples needs to be changed before legislation that advantages same sex couples (ie changing the definition of ‘de facto’ to include same sex partners in the Social Security Act 1991) should take place after other legislation has changed

6. Superannuation • In regulated (private sector) funds, same sex partners are eligible for the same benefits as heterosexuals, using the language of “interdependency” • However in public sector funds same-sex partners do not meet the definition of ‘spouse’ an so cannot claim benefits such as reversionary pensions (a pension that reverts to the spouse once the superannuated individual dies)

7. Only one legal parent (travel, education, consent in healthcare settings) No partner leave entitlements after birth; co-parent may not have option of leave to be primary caregiver Not able to claim dependant spouse rebate for biological mother** Co-parent can’t claim 30% childcare rebate* Co-parent not included in ‘family’ calculations for Medicare or PBS safety nets No parental leave for sick child May be reduced superannuation payout if co-parent dies May be difficulties gaining access for co-parent if couple separates Co-parent is not required top pay child support if the couple separates Couple not eligible to split contributions to super -18% tax rebate Advantaged through Social Security Can be assessed as individuals for Social Security**, Family Tax A and B, Childcare benefit*; BUT No access to bereavement leave, unless full-time carer prior to death; No access to widow or widow B allowance Young people in same-sex couples are not eligible to Youth Allowance Changing existing provisions would require community cooperation Child born to lesbian parents through AI