As a part of the federal government’s promise to change a wide range of laws that discriminate against the GLBTIQ community, social security laws are being reformed to recognize same-sex couples and their children.
Centrelink, Medicare Australia and the Child Support Agency will all be affected by the legislation, to be implemented in July.
The reforms will mean that same-sex couples and their children will be able to register as a family for the purposes of the Medicare Safety Net and access the Pharmaceutical Benefits Scheme as a family. If those same-sex couples separate, they will be able to apply for child support.
Because of these reforms, same-sex couples claiming any type of social security payment will be obliged to inform Centrelink of their relationship status, causing concern from certain parts of the GLBTIQ community.
‘Whilst the changes to the laws that have discriminated against same sex couples are warmly welcomed by the community, there are some people for whom these changes could be devastating,’ said Graham Douglas-Meyer, chairman of GRAI (GLBTI Retirement Association Incorporated).
According to Mr Douglas-Meyer, old age and disability pensioners will be hardest hit by the changes. He says older gays and lesbians have not been able to prepare for such a change and may have to reassess their retirement plans.
‘Many same sex partnerships maintain mostly separate financial arrangements and may not wish their personal details to be exposed.
‘Or, as in the case of many aged gays and lesbians who have kept their relationships hidden for fear of retribution are being forced to “Come-Out†because otherwise they may find themselves at the wrong end of the legal system.’ He said.
‘Forcing elderly gays and lesbians out of the closet is never acceptable.’
In a written statement Minister for Human Services, Joe Ludwig, says that he understands it may be intimidating for some people to disclose their relationship status and sexual orientation, but they need not be concerned about their privacy as strict penalties apply for inappropriate access or disclosure of personal information.
‘Centrelink staff are bound by both the Privacy Act and the Social Security Act, which contain strict confidentiality provisions that limit who can look at information about customers and when and to whom it can be disclosed,’ said Senator Ludwig.
‘I take privacy very seriously and have made it clear to all the agencies that make up the human services portfolio that I want all the best possible safeguards in place.’
According to GRAI, these problems could be minimized if the government includes a ‘grandfather’ clause in the legislation, meaning that the laws would be introduced in such a way as to protect an older generation. Those people already in the system would have more time and help to adjust to the situation.
A grandfather clause has been included with every other significant change to social security laws in the last 15 years, leading many to question why these law changes would be any different.
‘Calls for grandfathering may provide a sticking plaster to the GLBTI people it affects. But, the current pension review underway by the Rudd government provides an ideal opportunity for them to get it right.’ Mr Douglas-Meyer said.
Centrelink has opened a hotline for all inquiries and additional information on the changes – 13 62 80.
