Same Sex Legislation Reform

Last year the Australian government moved to change a raft of laws which implicitly discriminated against people in same sex relationships. The changes will include the introduction of equal access to financial arrangements such as superannuation and welfare payments at the start of the 2009-2010 financial year.

AFDO, along with a number of other organisations, has been particularly concerned about the impact this change will have on the rights of people in same sex relationships who are on Disability Support Pensions (DSP). Our concerns are that:

• Some older people in same sex relationships have experienced a lifetime of discrimination on the basis of sexual preference and will be reluctant to out themselves to government agencies;
• Many people in same sex relationships have arranged their finances based on the assumption that the laws would always remain the same, and those people now find themselves at a serious disadvantage. This will cause particular hardship for those on DSP who have significant additional disability related costs, such as HIV medications, which may no longer be covered if their partner earns too much;
• Because of the quick move to change the laws, there may be some problems educating the gay, lesbian, bisexual and transgender (GLBT) community regarding the changes.

Over the past few months AFDO has been supporting the work of other agencies in this area. The focus of lobbying has been on getting good education and advice resources as well as asking for grandfathering provisions to be added to the changes to the welfare laws. On May 5th the Australian government announced additional funding for education and advice services to support people in same sex relationships to adapt to the changes. There is, however, still a strong concern over the lack of grandfathering for people who are already on benefits. AFDO will continue to lobby as necessary in the coming months.

For more information, see:

Attorney General’s Department site:
http://www.ag.gov.au/samesexreform

Welfare Rights Network factsheet:
http://www.welfarerights.org.au/Factsheets/fsmlr.htm