The Rudd Government announced on April 30 of this year a sweeping reform of legislation that discriminates against same-sex couples. Last month, the first piece of legislation – the Superannuation Bill – was brought before Parliament. Despite both Labor and the Opposition expressing support for the bill, the bill has since been delayed in Senate Committee.

The Liberals initially committed to passing the legislation by July 1, but later claimed that the bill was being rushed through Parliament and needed to be properly examined before a Senate Committee.

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Liberal MP Malcolm Turnbull said in a speech before Parliament on June 5, ‘Government members should not regard the referral of this matter to a Senate committee… as being in any way designed to frustrate, obstruct or delay the passage of this legislation.’

Nevertheless, the decision to put the bill before a committee drew criticism from a number of gay activists and supporters, including Democrats Senator Andrew Bartlett who called the committee delay an ‘open-ended inquiry – one going on into the never-never.’ Eventually, after pressure from moderate Liberals as well as activists, the Liberal Party committed to bringing the bill out of committee by September 30.

Australian Coalition for Equality spokesman Corey Irlam said that while he was ‘disappointed’ the bill was not passed prior to July 1, ‘it’s fantastic that moderate members of the Liberal Party moved to close that open-ended deadline until September.’

The delays in committee have raised debate on whether the reforms will be backdated. Many members of the Liberal Party, including Mr Turnbull, have argued that the legislation can be backdated to negate the effects of delaying its passage. However, Attorney-General Robert McClelland said in the House of Representatives on June 17 that backdating would be complicated:

‘It is unquestionably the case that there is a prospect of superannuants dying before this legislation is passed and their partners or their children being deprived of the benefits of this legislation… It has been proposed that it can be backdated… but the trouble with that is that we are talking about reversionary benefits, benefits that are paid fortnightly or monthly… The delay would effectively deprive or create a hiatus in the income of that family unless and until that legislation is passed. The law, as I understand it, is that trustees are required to make payments… and in circumstances where that law was subsequently changed there are very complicated issues regarding recovery.’

One of the main arguments given by the Liberal Party for a Senate Committee inquiry is to examine whether interdependent couples, such as two elderly sisters living together, should be included in the reforms for de facto couples.
Mr Irlam said that the issue of interdependency ‘shouldn’t cause delay. As per the HREOC report [Same-Sex Same Entitlements], same-sex couples shouldn’t be recognised as interdependent. They are a de facto relationship and should be treated equally as opposite sex couples.’

Mr. Irlam continued on to say, ‘The Opposition had a time to look at interdependency before the bill was introduced. If the Opposition wanted to this could have been tabled by the 30th of June. They have caused this to go longer than needed… They could have raised interdependency prior to this.’

In addition to the Superannuation Bill, the Rudd Government has brought forward the Evidence Act Amendments Bill that will protect same-sex partners from having to give evidence against their partner in a court of law.

The Rudd Government has also announced an initiative to extend federal Family Court Access to same-sex couples. While this will have little effect on WA same-sex couples who already have full access to the State Family Court, it will allow same-sex couples in other states and territories the same access and, according to Mr Irlam, all same-sex couples will now be able to resolve disputes with ‘less expense, less trauma and greater privacy.’