Rainbow Labor Dinner

2nd Floor Charles Hewitt Gallery
335 South Dowling St, Darlinghurst, Sydney

Friday 31 October 2008, 8.15pm

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Acknowledgements

  • First, may I acknowledge the traditional owners of the land we meet on – and pay my respects to their elders, both past and present.

Other Acknowledgements

  • Chair – Robyn Banks
  • Michael Vaughan
  • The Hon Penny Sharpe MLC
  • The Hon Tanya Plibersek MP, Minister for Housing; Minister for the Status of Women
  • The Hon Verity Firth MP, NSW Minister for Education & Training; Minister for Women
  • The Hon Peter Primrose MLC, President of the Legislative Council of NSW

Introduction

  1. Good evening and thank you for your very kind welcome.
    It’s a great pleasure to help you celebrate the recent same-sex law reforms.
    And I’m sure you will agree that they were long overdue.
  2. Anthony Pannuzzo and Daniel Milano in their submission to the Human Rights and Equal Opportunity Same Sex: Same Entitlements inquiry described eloquently the impact this failure to remove injustice has had.
    “Discrimination is an insidious thing. It eats away at your determination. You can fight for it for only so long.”
  3. Anthony and Daniel were one of the many same-sex couples which made very personal submissions to HREOC.
    4. The findings of the HREOC report were important in highlighting that same-sex couples do not enjoy the same entitlements as couples who are either married or in opposite‑sex de facto relationships. But this was no surprise to people like Anthony and Daniel who made submissions to the HREOC inquiry.
  4. It was their plain words that demonstrated – just as much as the HREOC report - why change was urgently required.
  5. But discrimination doesn’t just affect those directly affected by it. To paraphrase Anthony and Daniel, it eats away at the whole society. Discrimination eats away at the values of tolerance and a fair go that Australians hold so dear.
  6. I realise it can take time to bring about positive change.
    7. After all it’s 30 years since the rainbow flag was first used by the gay community in the San Francisco Gay and Lesbian Freedom Day Parade. Since then, the gay movement has come a long way in promoting gay pride and diversity.
  7. But there has been no excuse for the delay in removing discrimination in Federal laws.
  8. It’s been almost 20 years since ‘sexual preference’ was included as an additional ground of discrimination under the Human Rights and Equal Opportunity Commission Regulations.
  9. And it’s over 10 years since the Senate Legal and Constitutional References Committee identified discrimination in Commonwealth laws and programs that deal with tax and superannuation benefits.
    Throughout this time, little was done at a federal level to respond to those developments.
  10. Quite frankly, this was shameful. To quote Jim Woulfe in his submission to HREOC:
    “It confounds me that we need to be going through this process in Australia in 2006. We live in an essentially tolerant and inclusive society, so you’ve got to wonder why people like my partner Andreas and me are still waiting for equality.”
  11. I am very proud that within a year of coming into office the Rudd Government has been able to correct this injustice.
    12. Indeed, I am proud that one of the first pieces of legislation to be introduced by our Government – after the Bill to repeal WorkChoices – was the Same-Sex Super Bill.

Same-Sex Legal Reforms

  1. The changes have been made possible by the hard and dedicated work of a number of highly talented public servants, and specifically public service lawyers, in the preparation of these reforms.
  2. But let’s also use the opportunity tonight to recognise that change would not have occurred in the way it has without a Labor Government.
  3. Let’s not kid ourselves - these changes would not have occurred with the same speed or commitment under a Coalition Government. That much is clear from the way in which the Opposition has conducted itself in relation to the Bills that we have introduced.
  4. Despite saying they support the principle of removing discrimination against same-sex couples, the Opposition initially sought to delay the passage of these Bills.They then try to chip away at the legislation by raising spurious arguments, such as claiming that the Bills endorse polygamy.
  5. And when the opportunity arises, some Opposition members have used inflammatory language and expressed opposition to the principle of removing discrimination.
    This is all despite statements by the new Opposition leader before the last election that he would fight for equality “until justice is done”.
  6. Let’s just take a moment to reflect on what has been done this year.
  7. It was just prior to the publication of HREOC’s report that Labor adopted our 2007 National Platform.
    And in it we undertook to audit Commonwealth legislation to amend provisions that unfairly discriminate on the grounds of sexuality and gender identity.
  8. That is what we promised.
    And that is what we are delivering.
  9. In our first nine months we have introduced two Bills
    • the Superannuation Bill, and
    • the General Law Reform Bill.
  10. The first Bill removes discrimination from the Commonwealth Government (defined benefit) superannuation schemes and related taxation legislation and Acts that regulate the superannuation industry.
  11. The second removes discrimination from other Commonwealth laws in areas such as social security, taxation, Medicare, veteran’s affairs, workers’ compensation, educational assistance.
  12. The combined effect of these two Bills is to amend 81 laws to eliminate such discrimination.
    A further 20 laws are also affected by these changes.
  13. In addition, we have introduced a Bill enabling opposite sex and same-sex de facto couples to access the federal family law courts on property and maintenance matters
  14. These Bills aim to ensure that in each amended law same-sex couples and their families are recognised.
    And that for all practical purposes they have the same entitlements as opposite-sex de facto couples.
  15. It’s true that these reforms, in introducing equality, may also impose burdens on some
    16. same-sex couples, or reduce certain benefits they currently receive.
  16. However, these reforms are necessary.
    And they are an essential step towards a fairer and more just society.
  17. This point was highlighted by Elis Hughes to HREOC:
    “I was worried about drawing attention to the apparent advantage we can enjoy…But let me tell you, those small Centrelink benefits are poor compensation for the disadvantages we face in taxation, Medicare and other areas you’re investigating in this inquiry. We’d rather have equality.”

Progressing Human Rights

  1. I believe the stage is now well and truly set for Australia to be seen as a socially aware and forward-looking nation.
    And we will continue to perform in this regard.
    Because there are still human rights issues that need to be addressed.
  2. For example, a Senate Commission inquiry into the effectiveness of the Sex Discrimination Act is currently underway.
    And one of the questions that’s been raised – including by the Human Rights Commission – is about legal protection from discrimination on the ground of sexuality, sex identity or gender identity.
  3. We are certainly looking forward to the Committee’s report on this matter.
    And we will be considering any recommendations made.
  4. I think it’s important for all Australians to know that they can raise such concerns.
    And that they will be taken seriously.
  5. That’s why the Australian Government is undertaking a nation-wide consultation on human rights.
  6. We’re currently working through all the arrangements for this.
    But in the meantime, I can tell you that the consultation will be seeking community views on how best to protect and promote human rights and responsibilities in Australia.
    And I urge you to become involved.
    It will be a great opportunity to voice your concerns and make your views known.
  7. I would also like to add that we have no set ideas about the outcomes of the consultation.
    We’re keen to know what’s important to the Australian people.
    And we will make sure that any new approach to human rights flows from the views of the Australian people.

Conclusion

  1. I must say, I’m excited to be part of this work.
    It’s important.
    And it’s about time it was done.
  2. I believe our same-sex reforms will set a new standard for fairness and consistency in Commonwealth laws.
  3. And I believe they speak volumes about how the Australian Government is committed to a fair go for all.
    We are committed to creating a culture of respect for human rights in this country.
  4. It’s time to stop treating people differently in such laws and programs because of who they’re in a relationship with, or indeed who they love.
    And I think you will agree.
  5. Let me finish tonight with the words of another person who made a submission to the HREOC inquiry – Nicole vander Linden.
    I was at Medicare applying for the safety net, I was asked by the person behind the counter if I was in a relationship, and I said that I was in a gay relationship and she said ‘Oh’, and I replied, “I know, my relationship doesn’t count to your organization.”  Which she acknowledged.
  6. I am proud to say that soon every relationship in Australia will count.

ENDS