Attorney General Robert McClelland, on behalf of the Rudd Government, announced on April 30th that national reform of 105 laws that currently discriminate against same-sex couples would be put into motion later this month, with full cost details to be released in the May 13 Budget.

The need for reform was initially highlighted by the Human Rights and Equal Opportunity Commission (HREOC) in its Same Sex: Same Entitlements report that identified 58 federal laws that discriminate against gay and lesbian couples. That figure was increased to 105 laws when the Rudd government identified an additional 47 discriminatory laws.

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The proposed reform will amend those 105 laws and provide same-sex individuals and couples with equality under a wide range of Commonwealth laws.

‘The Rudd Government is delivering on its election commitment to remove discrimination against people in same-sex relationships from a wide range of Commonwealth laws and programs,’ said Mr McClelland.

The reform will cover a variety of areas, including employment entitlements, worker’s compensation, veterans’ entitlements, aged care, health, social security, superannuation, tax and other areas of Commonwealth administration. The federal definition of ‘de facto’ will also be updated to include same-sex couples. However, these legislative changes will not include gay marriage or issues involving same-sex adoption, surrogacy and IVF.

‘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.’

Openly lesbian ALP Senator-elect Louise Pratt said that while the implementation of the reform will progress over the next 18 months, the reform announcement itself is a landmark in same-sex civil rights.

‘I think it’s a pretty historical time and these are pretty significant reforms,’ said Ms Pratt. ‘They represent equality for same-sex couples and partners of the same gender background. It’s a significant move, especially when you compare it to the many, many years of neglect under the Howard government.’

The Rudd Government will introduce the legislation during the winter session of Parliament, and reforms will commence once legislation is passed, although in some areas, such as veterans’ affairs, social security and tax issues, the reforms will be phased in. This will allow for couples to adjust finances and for administrative practices to be implemented.

Peter Furness, National Convenor of Australian Marriage Equality, called the reforms ‘comprehensive’, saying, ‘it’s pretty much de facto recognition for same sex relationships.’ I guess the final hurdle is the Marriage Act because it’s that one final piece hanging there needing reform.’

However, while the reforms have drawn praise from gay activists, Attorney General McClelland’s insistence that Labor will not support marriage rights, has drawn criticism. .
‘The government may well be claiming that they have delivered equality by their announced reform,’ concluded Mr Furness. ‘At least if there is one law which treats us differently based on our sexuality or our gender then really the government cannot claim we are being treated fairly and equally. You’re either equal or your not.’

The current slate of reforms is expected to be fully implemented by mid-2009.