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The Federal Government has begun its program of sweeping national reform that will remove financial discrimination against same-sex couples. Over the next four years, the reforms will save the federal government an estimated $66 million.
The financial impact of the reforms on same-sex couples will be mixed, as some reforms will be disadvantageous for same-sex couples who will no longer be able to claim benefits, such as single-parent benefits, if they are in a same-sex relationship. In order to minimize the negative financial impact on Australian couples, the government has announced it will stagger the implementation of the reforms.
According to a spokesperson for Attorney-General Robert McLelland, ‘In some areas such as social security, tax and veterans’ affairs, the reforms will be phased-in to allow time for couples to adjust their finances, and for administrative arrangements to be implemented.’
The first reform bill, The Same-Sex Relationships (Equal Treatment in Commonwealth Laws – Superannuation) Bill, has been introduced in the current Winter Sitting of Parliament, and reform will commence soon after legislation is passed. The Same-Sex Relationships Bill will see that same-sex couples granted death benefits from superannuation schemes.
Once the bill is passed, superannuation schemes will no longer refer to ‘marital relationships’ and ‘husband and wife’, but rather ‘couple relationship’ and ‘partner’, with a partner being defined as ‘the partner of another person if the two persons have a relationship as a couple (whether the persons are the same sex or different sexes).’
The Coalition have shown support for the reforms. However, despite broad bipartisan support, gay activists have expressed concern over several outstanding issues, including whether reforms such as superannuation will work retroactively and how comprehensive same-sex access to Family Court will be.
Rodney Croome of the Tasmanian Gay & Lesbian Rights Group said, ‘We’re still uncertain whether it [the reforms] will allow same-sex couples and their children full and equal access to the family court or whether there will be a line drawn around matters to do with property division and matters to do with children, which of course is unfair and not in the best interests of the child.’
Another area of concern involves the dissemination of information to same-sex couples to make them aware of legal changes to their financial status.
‘The government will leave it up to the individual agencies which administer particular programs to develop tailored strategies to properly inform the same-sex community,’ said a spokesman for Attorney-General McLelland.
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