Dana Wortley (SA, Australian Labor Party) Share this | Hansard source

I rise today to support the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Bill 2008. In doing so, I also want to place on record my full support for the Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008 debated earlier in this chamber. Both of these bills represent a major component of an historic suite of legislation intended to implement Labor’s commitment to the protection of human rights in Australia and of equity in our community. They are both bills to amend Commonwealth laws that discriminate on the basis of sexuality.

The Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Bill 2008 will amend legislation touching on Commonwealth government defined-benefit superannuation schemes, relevant taxation provisions, and statutes related to the regulation of the superannuation industry. The superannuation schemes covered by the bill include: the Commonwealth Superannuation Scheme, the Defence Force Retirement and Death Benefits Scheme, the scheme under the Superannuation Act 1922, the Defence Forces Retirement Benefits Scheme, the Judges’ Pensions Scheme, the Federal Magistrates Disability and Death Benefits Scheme, the Governor-General Pension Scheme, and the Parliamentary Contributory Superannuation Scheme.

The bill introduces a long-overdue reform. It removes discrimination on the basis of sexuality from laws that go directly to the entitlements of citizens, particularly to their wishes as to the disposition of those entitlements after death. The passing of this bill is critical. If the acts I have mentioned are not amended and a scheme member dies, the present situation is that his or her same-sex partner will not be entitled to receive a reversionary death benefit. Once the acts are amended, there will be equal treatment of same-sex couples and their children in this area.

Many of the same-sex couples and their families who encounter systemic discrimination every day of their working lives come under one of the superannuation schemes I have mentioned. The entitlements taken for granted by opposite-sex couples, whether married or de facto, and their families have until now been unavailable to some of their neighbours, family members, friends or work colleagues who might be sitting at the next workstation to them, living down the street from them or shoulder-to-shoulder with them in an Australian Defence Force operation. This is patently unfair and out of step with the thinking of a modern Australian community.

In its 2007 report entitled Same-sex: same entitlements, the Australian Human Rights Commission identified many anomalies with regard to financial and work related entitlements and benefits. I quote, with permission, brief excerpts from the personal stories of two of those who made submissions to the Human Rights Commission:

We are 60 and 58 years of age. We are both members of the Australian Public Service and contributors to the Public Sector Superannuation Scheme …

                        …                   …                   …

We hold all our debts and assets in common—house, mortgage, car, bank accounts, furniture, insurance etc. We are the principal beneficiaries of each others’ wills …

                        …                   …                   …

We wish to provide security for each other. However, we are unable to do this through superannuation death benefits …

                        …                   …                   …

We find this an extraordinary discrimination by the Australian Government against its own employees. Are we any less committed to each other than members of a de facto opposite sex couple, or people who work in the private sector?

Again, another submission states:

I am a serving member of the Australian Defence Force, and whilst there have been significant changes in entitlements following the decision to recognise interdependent relationships in the military in December 2005, I am still concerned regarding the lack of change to superannuation and Department of Veterans Affairs benefits should something happen to me on an overseas deployment …

                        …                   …                   …

… should I die in service, then my partner will be financially disadvantaged compared to if we were in a recognised heterosexual relationship …

                        …                   …                   …

We’re not asking for new and unusual benefits, just to be treated in equality with those in heterosexual relationships.

The Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Bill 2008 will remedy the inequality that informs these personal statements and allow access to benefits and entitlements previously denied. The bill does this by way of revision of definitions, including the definition of a child, and by the addition of new concepts such as ‘couple relationship’, where required, so as to include same-sex partners.

Further, a relationship registered under prescribed state laws will be sufficient to prove the existence of a same-sex relationship when considering questions of eligibility for a death or pension benefit. As well, the bill will allow changes to the superannuation industry’s regulatory framework so that funds other than the Commonwealth defined-benefit schemes may make allowance for same-sex couples and their children.

Indeed, I join with many others in this place, in the other place and in the community in saying that I regard the reforms set out in this bill as well overdue. The measures contained in the bill are not about special treatment or special rights for same-sex couples and their families. They are about equal treatment for all Australians. They are about equal access to the rights and entitlements which we enjoy and equal adherence to the responsibilities that accompany those rights and entitlements.

The amendments as a whole are expected to be in operation by mid-2009. But every day’s delay in passing this legislation is an extra day of discrimination against same-sex couples—an extra day of discrimination that could have far-reaching, adverse consequences for many men, women and children. It is for this reason, and in the context of the focus on fairness and equity that is the hallmark of a Labor government, that I urge the speedy consideration and passage of these measures, and I wholly commend their terms.

The amendments in this bill will have a positive impact on same-sex families. It will afford them the same superannuation tax treatment as opposite-sex de facto couples. It is with pride that I stand here tonight as a member of a government that has taken the measures contained within this bill, and I commend them to the Senate.