Following the Australian Human Rights Commission's report,
Same-Sex: Same Entitlements and an audit of Commonwealth legislation, the Australian Government introduced wide-ranging reforms to ensure that same-sex de facto couples and their families are recognised and have the same entitlements as opposite-sex de facto couples and their families.
Removing discrimination
The Government's same-sex law reform package passed through Parliament on 26 and 27 November 2008.
The reforms amended 84 Commonwealth laws to eliminate discrimination against same-sex de facto couples and their families in a wide range of areas, including taxation, superannuation, social security and family assistance, the Pharmaceutical Benefits Scheme Safety Net and the Medicare Safety Net, aged care, veterans' entitlements, immigration, citizenship, child support and family law.
The reforms came into effect progressively, with all reforms implemented by 1 July 2009.
For more information visit the
Attorney-General's Department website.
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Equal treatment
Removing differential treatment will result in some same-sex couples and their families receiving benefits previously not accessible.
Some examples include:
- partner concession card benefits
- bereavement benefits if a partner dies
- exemption of the family home from the assets test when one partner enters nursing home care and the other partner continues to reside there
- recognition as independent for Youth Allowance if in a same-sex relationship for over 12 months
- lesbian relationships recognised as a qualifying relationship for Widow Allowance
- War Widow or widowers pension
- access to the Child Support Scheme
- access to the Pharmaceutical Benefits Scheme and Medicare safety nets as a family
- allowing private sector superannuation trustees to make same-sex couples and their children eligible for reversionary benefits
- enabling reversionary benefits from Commonwealth (defined benefit) superannuation schemes to be conferred on same-sex partners and the children of same-sex relationships
- tax concessions.
Equal treatment will also result in some same-sex couples and their families having the benefits they currently receive reduced to be equal to the benefits received by opposite-sex couples and their families in the same circumstances.
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Social security and family assistance
From 1 July 2009 changes to social security and family assistance legislation mean that all couples are recognised, regardless of sexual orientation or gender of a partner.
Same-sex couples now receive the same entitlements, are assessed in the same way, and have the same obligations, as opposite-sex couples.
Social security and family assistance payments may be affected depending on individual circumstances and the type of payment received. Most payments are assessed based on the combined income and assets of both partners.
From 1 July 2009 you are required to advise Centrelink or the Family Assistance Office if you are living together, or usually live together, as a member of a same-sex couple. If you fail to do so you may incur a debt and have to repay money. Centrelink has a dedicated enquiry line for customers who may be affected by the reforms to discuss their particular situation with a Centrelink Service Advisor. The dedicated Centrelink enquiry number is 13 6280. Centrelink customers can choose to provide their details or enquire anonymously.
The Centrelink Financial Information Service (FIS) can also help people prepare for any financial impact of the reforms. FIS is a free service, and an appointment can be made by calling 13 2300.
Centrelink social workers are also available to provide counselling, support and referral services as needed. To speak to a Centrelink social worker call 13 1794.
People who are already experiencing personal financial difficulties, or are concerned that the changes might create personal financial difficulties for them, or their partner, may want to seek advice from an accredited community-based financial counsellor. People can contact a financial counselling organisation direct or can ask a Centrelink social worker to arrange an appointment. For details of organisations that provide financial counselling services visit the
FaHCSIA website.
For more information visit the
Centrelink website or the
Family Assistance Office website.
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Child support
If you are a parent, or non-parent carer, and have children from a previous same-sex relationship you can apply for child support from 1 July 2009.
Applications for child support from same-sex couples will only be able to be processed from 1 July 2009 onwards but couples who lived in a de facto relationship and separated prior to this date can still apply.
If you have a child from a previous same-sex relationship, from 1 July 2009 you must take reasonable action to obtain child support to get more than the base rate of Family Tax Benefit Part A for that child. If you do not take reasonable action, you may have to repay some of your Family Tax Benefit Part A.
For more information visit the
Child Support Agency website.
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Frequently asked questions
What is a member of a couple for social security and family assistance purposes?
For these purposes, a person will be regarded as a member of a couple if they live with (or usually live with) their partner, and are:
- married or
- in a registered relationship (opposite-sex or same-sex) or
- in a de facto relationship (opposite-sex or same-sex).
What is a registered relationship? What is a defacto relationship? What are the factors that are considered when assessing members of a couple? For more information and answers to these questions visit the
Centrelink website or the
Family Assistance Office website.
For more information on social security legislation and policy in assessing a member of a couple policy visit
FaHCSIA: Guide to Social Security Law page.