Address to Marrickville Central Branch Forum

Herb Greedy Hall
79 Petersham Road, Marrickville

Monday 27 October 2008, 7.30pm

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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 – Mr Bob Stone, President, Marrickville Central Branch
  • Ladies and gentlemen

Introduction

  1. Good evening and thank you for your welcome.
    I’m very pleased to be here tonight to speak about the Government’s reforms to remove discrimination against same-sex couples and their children.
    And I’m very proud of the work we’re doing in this area. After 11 years of empty promises by the Howard Government on this front, it has taken the Rudd Labor Government only nine months to deliver on its promises to remove discrimination.
  2. It was only last year that HREOC published its landmark report Same-sex: Same Entitlements.
    Essentially, it found that same-sex couples and their children do not enjoy the same entitlements as opposite sex couples and their children.
  3. HREOC found that same-sex couples do not enjoy the same entitlements as couples who are either married or in opposite‑sex de facto relationships.  Indeed , the report gave a number of actual instances that any fair-minded person would accept were unfair and inappropriate in modern Australia.
  4. Just prior to the publication of that report,
    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.
  5. That is what we promised, and that is what we are delivering.

Same Sex Legal Reforms

  1. Indeed, in our first nine months we have introduced two Bills
  2. the Superannuation Bill, and
  3. the General Law Reform Bill.
  4. The first Bill removes discrimination from the Commonwealth Government (defined benefit) superannuation schemes and related taxation legislation and Acts that regulate the superannuation industry.
  5. The second removes discrimination from other Commonwealth laws in areas such as social security, taxation, Medicare, veteran’s affairs, workers’ compensation, educational assistance.
  6. 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.
  7. 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
  8. 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.
  9. It’s true that in introducing equality these reforms may also impose burdens on some same‑sex couples, and may reduce certain benefits they currently receive.
    However, these reforms are necessary and are an essential step towards a fairer and more just society.
  10. It has not been easy to amend over 80 pieces of legislation in only nine months. It has 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.
  11. And while the reforms have been less controversial in the general community than I initially feared, they have been met by resistance from the Opposition.
  12. Despite saying they support the principle of removing discrimination against same-sex couples, the Opposition has sought to delay the passage of these Bills. They claim to find flaws where none in truth exist, such as claiming that the Bills endorse polygamy.
  13. 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”.
  14. As is becoming all too common, the Opposition wants to walk both sides of the street. They want to say they support removing discrimination but also appeal to the prejudices of a small number in our community.
  15. Despite this I am now hopeful that these Bills will now be passed before the end of the year. The De Facto Bill passed the Senate two weeks ago and I hope the remaining two pieces of legislation will be passed when Parliament sits in two weeks time.

Human Rights

  1. Of course, the same-sex reforms are part of a number of significant human rights initiatives we’re progressing.
  2. For example, another initiative has been to assist people with disabilities.
    On coming to office we fast-tracked ratification of the UN Convention of the Rights of People with a Disability.
    This made Australia one of the first Western countries to ratify the Convention.
    We are also committed to paying respect to older Australians and the contributions they make to the community.
    And we believe it is unacceptable to give older Australians weaker protection because of their age.
  3. As such, we intend to remove the ‘dominant reason’ test from the Age Discrimination Act.
    This will restore equality for older Australians in federal discrimination law.
  4. All of our human rights initiatives aim to ensure that disadvantaged and marginalised Australians receive the protections that are their entitlement.
    As well, how people are protected in our society and the manner in which we exercise the principles of human rights sets the benchmark for Australia’s standing as a socially aware and progressive nation.

National Consultation on Human Rights

  1. On this, we realise that since coming to office there’s been a sense of anticipation about our commitment to consult the public on the future of human rights in Australia.
  2. We’re currently working through arrangements for this national consultation. It will seek community views on how best to protect and promote human rights and responsibilities.
    I will have more to say on this at a later date.
  3. By doing this, we’re making sure that any new approach to human rights will flow from the views of the Australian people.

Conclusion

  1. I must say, it’s exciting to be part of this work.
    It’s important.
    And it’s fulfilling our duty to promote and protect human rights in Australia.
  2. We believe in the fundamental equality of all people.
    And it’s from this belief that we’re taking action to remove discrimination – including against people in same-sex relationships.
  3. We believe that it’s time to stop treating people differently in Commonwealth laws and programs because of who they’re in a relationship with, or indeed who they love.
    And especially, that children should not be treated differently because of their parent’s relationship.
  4. Our same-sex reforms will set a new standard for fairness and consistency in Commonwealth laws.
    By recognising same-sex couples and their families, we’re making a powerful step along the road to equality for all Australians.
    After all, no-one is above the law – and no-one is below it1

ENDS

[1] Theodore Roosevelt (1858-1919) 26th President of the United States - actual quote “no man is above the law and no man below it”.