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100 laws to go, but don’t post the wedding invites Print E-mail
Written by Gavin McGuren   
Wednesday, 30 April 2008

The Rudd Government announced today that it would deliver on its election commitment to end discrimination against people in same-sex relationships during the winter parliamentary session. 

Attorney-General Robert McClelland said legislation would be introduced to  remove discrimination from over 100 Commonwealth laws identified as discriminatory in an audit this year.

The reforms, which Mr McClelland described as long overdue, follow the landmark report of HREOC, Same-Sex: Same Entitlements, which focussed on financial and work-related legislation. 

Attorney-General Robert McClelland

After coming to office the Government commissioned an audit of Commonwealth laws, which identified other areas of discrimination.

“The changes will provide for equality of treatment under a wide range of Commonwealth laws between same-sex and opposite-sex de facto couples," Mr McClelland said.

"Importantly the reforms will also ensure children are not disadvantaged because of the structure of their family.” 

GLBT activists have welcomed the move and called on the Opposition to back the reforms.

Australian Coalition for Equality spokesperson, Rodney Croome, said a fixed timetable for reform would ease the burden on elderly and retired same-sex partners looking for certainty in regard to their superannuation, aged care and pension entitlements.

"The recognition of same-sex de facto couples is long over-due and will bring Australian national law into line with all Australia's states and territories and many other western nations", Mr Croome said.

"We call on the Coalition and its leader, Brendan Nelson, to extend full, bi-partisan support to the Government's proposal so that it is not delayed in the Senate, and so that a clear anti-discrimination message is sent to the Australian public."

Discrimination will be removed from a broad range of legislation, including tax, superannuation, social security, health, aged care, veterans’ entitlements, workers’ compensation, employment entitlements, and other areas of Commonwealth administration.

"Gay marriage" is not on the cards, however, and the current law that declares marriage to be between one man and one woman will not be reformed.

“In keeping with the election commitment, the changes do not alter marriage laws," Mr McClelland said. 

"They will make a practical difference to the everyday lives of a group of our fellow Australians who have suffered discrimination under Commonwealth laws for far too long.” 

Rodney Croome said supporters of equality must continue to pressure the Government to ensure reform is as comprehensive as possible.

"Reform must extend to all federal family entitlements including equal access to the Family Court, and it must ensure formally-recognised civil partners in Tasmania and Victoria have full federal entitlements."

"It is deeply disappointing that the Government is not prepared to accept equality in marriage, but I look forward to same-sex de facto law reform rekindling the debate on why full legal and social equality is needed."

Australian Marriage Equality (AME) condemned the Government for viewing discrimination against same-sex couples solely from a financial perspective.

"Important as is, ending discrimination is not just about money," said AME spokesman, Peter Furness.

I"t is about how we, as gay and lesbian Australians, are valued as human beings in our own countr, by our own country."

Mr Furness also criticised the Government for the complexity of its approach to reform.

"With around 100 Acts to be amended, this is an extraordinarily complex way to deliver financial equality, when the Government could simply amend a few words in the Marriage Act," he said. 

"Australia remains well and trully behind the eight-ball when compared to countries like Canada, Spain or South Africa. If the Government or its supporters claim that today's announcement delivers equality, they are being dishonest."

Most of the promised reforms will commence soon after the legislation is passed and all of the changes are expected to be implemented by mid-2009.

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Last Updated ( Wednesday, 30 April 2008 )
 

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