The year 2008 will be noted in Australian GLBTI history as the year in which Australia moved from ambivalence towards same-sex couples under the Howard Government to movement forward under the Rudd Government.
Early last year, Attorney-General Robert McClelland moved to implement the recommendations of the Human Rights Commission’s Same-Sex: Same Entitlements report in a series of Bills to remove financial inconsistencies between straight and gay de facto families.
From 1 January 2009, same-sex couples and their children can now register for the Medicare and Pharmaceutical Benefits Scheme (PBS) safety nets as a family. Changes to some areas of immigration and citizenship laws are due on 15 March 2009. From 1 July 2009, same-sex couples and families treated equally in areas as diverse as taxation law, superannuation, pensions, social security, family assistance, aged care, child support, and defence and veterans’ affairs benefits.
While these changes are a welcome move towards fixing inequality towards same-sex couples in federal law, there are still a number of challenges facing the GLBTI community in 2009.
Firstly, there are serious concerns about law reforms which will have a severe, detrimental impact on some low-income same-sex families on government benefits. In many cases, it may result in a reduction or even withdrawal of a person’s benefit because of the new rules – leading to financial hardship.
Indeed, GLBTI lobbyists have argued that there should be ‘grandfathering’ of benefits and payments, or a gradual phase-in of changes over a number of years, to help limited income families adjust to the changes to the rules. However, Federal MPs need to be lobbied over this issue.
Secondly, the Rudd Government appears to now be backing away from fixing anti-discrimination legislation to protect people on the basis of their sexuality or gender identity. This has disappointed many GLBTI people, as it means that GLBTI individuals will remain unprotected by effective national anti-discrimination laws.
Again, GLBTI people have an opportunity to make their voice heard about this problem during the Human Rights Conversation being held by the Rudd Government during early 2009.
Thirdly, there are specific issues for trans* and intersex persons in Federal law which need to be examined by the Rudd Government, including areas like Medicare, passports and gender identity recognition by government departments.
In summary, the Rudd Government’s changes should be welcomed by our community, but there also needs to be a strong message to MPs from all parties that the job isn’t finished and discrimination isn’t fixed yet.
For more information:
- Human Rights Consultation: 1800 086 134
- Medicare: 132 011
- PBS: 1800 020 613
- Australian Taxation Office: 132 861
- Centrelink: 136 280
- Aged Care Info Line: 1800 500 853
- Child Support Agency: 131 272
- Immigration: 131 881
- Citizenship: 131 880
- Veterans’ Affairs: 133 254
Rod Swift, Australian Coalition for Equality
