Linda Kirk (SA, Australian Labor Party) Share this | Hansard source

I rise to speak on the Sexuality and Gender Identity Discrimination Bill 2003 [2004]. Consistent with Labor’s longstanding policy of removing discrimination against the gay, lesbian, bisexual, transgender and intersex community, known as the GLBTI community, I support the intent of this bill. As I read it, the bill will provide avenues for redress for GLBTI citizens who have been discriminated against in the public and private sectors, and it will legislate against vilification on these grounds. In essence this bill will prohibit discrimination against sexual minorities, transgender and intersex citizens, and it legally recognises same-sex couples under Commonwealth law.

As I have said previously in this place, we live in a time when most Australians know someone who is in a same-sex relationship. This means that most of us have some understanding and appreciation of the difficulties these Australians face in their everyday lives because the law provides no recognition of their relationship. I firmly believe that the parliament should remove discrimination on the grounds of sexuality, and that we should outlaw harassment and incitement to violence on the basis of sexuality.

To remove discrimination the Australian Labor Party took action when we were in government, and we have continued to take action in government at the state level. In Labor’s policy platform we commit to supporting legislative and administrative action by all Australian governments to eliminate discrimination, including systematic discrimination on the grounds of race, colour, sex, religion, sexuality, disability, genetic make-up, political or other opinion, national or social origin, property, birth or other status. Specifically, and in the context of this bill, the Labor Party platform supports the enactment of legislation prohibiting discrimination on the grounds of a person’s sexuality. Labor strongly believes that every Australian has the right to be free from unlawful discrimination, vilification and harassment. To that end, homophobic violence and intimidation are regarded by us as totally unacceptable in a peaceful, tolerant society like ours.

My Labor colleagues and I are committed to taking comprehensive steps to address systematic discrimination against gay and lesbian Australians. We are committed to delivering equality between de facto heterosexuals and same-sex couples. Today I think it appropriate to acknowledge the strong interest that has been shown in this issue by the Australian Democrats, particularly former senator Brian Greig, who drafted the bill before us this afternoon. I would also like to put on the record that, whilst I believe Labor’s approach could differ somewhat in its terms and perhaps in its drafting, generally speaking we support the thrust of the bill before the Senate today because it is a step in the right direction. As I have said, Labor have a longstanding commitment to remove discrimination against same-sex couples, just as we oppose discrimination against other groups within our Australian community.

In recognition of the support that the Australian Labor Party has for its commitment in this area, Labor’s shadow Attorney-General, Ms Nicola Roxon, has recently publicly released an exposure draft of a bill entitled the Sexuality Discrimination Bill. This bill has very similar provisions to the one that we are looking at here today yet also some different approaches. But generally the thrust of the bill is the same. Currently the shadow Attorney-General and Labor are conducting consultations on relationship recognition for same-sex couples. The essence of what Labor wants to do is to remove discrimination in Commonwealth legislation, a process that the states have followed. It also needs to be done at the Commonwealth level in particular areas, for example social security, taxation, veterans’ affairs and Medicare.

Over the years, particularly in recent times, we have seen Labor state governments and those in the Territory take steps to address discrimination against their citizens in same-sex relationships under state and territory laws. But, somewhat disappointingly now, for 10 long years we have seen no attempt at all by this government to confront the legal obstacles that are experienced by gay, lesbian, bisexual, transgender and intersex Australians.

We have seen no attempt at all by this government to actually take seriously the genuine concerns about ongoing discrimination in a range of areas under federal law. As recently as just a few weeks ago, Labor called on the Howard government to address discrimination against same-sex couples in Commonwealth legislation—something that Labor have been doing for some time now. This call came after a recent decision by the Administrative Appeals Tribunal in which the AAT ruled that the definition of ‘spouse’ in taxation law means a man and a woman. The effect of this decision means that same-sex couples are subject to capital gains tax on property settlements after the relationship breaks up. This is in stark contrast to heterosexual de facto couples, who can access relationship breakdown laws and gain relief from them.

I understand that, whilst the AAT in their reasons did express some sympathy for the applicant’s position, they made clear that their hands were tied by the legislation and that they had no alternative but to interpret the legislation in the way I have just described—namely, that ‘spouse’ in taxation law means a man and a woman. This decision I believe clearly demonstrates the pressing need for this government to take action now to remove discrimination against same-sex couples in Commonwealth law, particularly but not exclusively in areas concerning financial matters. As we all know—and it is a disgrace—time and time again the Prime Minister and the Attorney-General ignore the continuing discrimination faced by same-sex couples in key areas such as superannuation, taxation, health and welfare benefits. And, despite the government’s promises in 2004, it has not even fixed superannuation properly for same-sex couples. It is still the case that Commonwealth public servants are not treated equally if they are in a same-sex relationship.

In the time available to me today, I would like also to draw the Senate’s attention to a national inquiry that has been referred to by a few other speakers here this afternoon. The Human Rights and Equal Opportunity Commission, HREOC, is conducting a national inquiry into discrimination against people in same-sex relationships in respect of financial and work related benefits. As other speakers have said here today, HREOC recently released a discussion paper on this topic and a detailed research paper which identifies Commonwealth legislation that discriminates against same-sex couples and their children. This was the second discussion paper released as part of the ‘same-sex, same entitlements inquiry’. In releasing the second paper, the President of HREOC, Mr John von Doussa QC said:

Same sex partners living in a genuine relationship are denied the entitlements most families take for granted, such as: carer’s leave when their children are sick; tax rebates for dependents; and a guarantee that their partner will receive their superannuation death benefits.

Human Rights Commissioner, Graeme Innes, said:

Discrimination occurs in many of the fundamental aspects of family life governed by the Commonwealth, including: employment conditions; health entitlements; social security; tax; superannuation; family law; aged care and migration.

That is virtually the full gamut of the areas of Commonwealth responsibility.

The same-sex, same entitlements inquiry received more than 350 submissions in response to its first discussion paper, and the inquiry is now inviting comments on the second discussion paper by 3 November this year. Already HREOC has identified more than 80 pieces of legislation in Commonwealth law that need to be changed to bring them into line with the rights conferred on heterosexual couples.

Labor’s track record in this area is very strong, commencing with the reforms implemented by the Keating government. By way of one example, the ban on gay and lesbian people working in the military was removed in 1992. I am proud to say that Labor state governments have achieved far-reaching reforms. New South Wales, for example, was one of the first to put gay and lesbian couples on an equal footing with those in heterosexual de facto relationships. Since then the other states have followed suit and have also moved forward and introduced significant changes. Labor is resolute in its commitment to removing discrimination against the gay, lesbian, bisexual, transgender and intersex communities; however, sadly for the people of Australia, the Howard government has completely neglected this area. Labor are working hard to gain office at the next election so that we deliver on our commitments.