An analysis of discrimination for homosexuality in new south wales

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Compensation Similarly partners in same sex relationships do not fall within the definition of spouse in most employee compensation schemes.

A recent report of the Senate Select Committee on Superannuation noted that most fund trustees interpret sections 10 and 62 to exclude the payment of benefits to a same sex partner, even where that partner is the nominated beneficiary of the deceased.

Notes the importance of MPs being free to express their own view and the views of their electorates on this issue De facto couples[ edit ] Inthe Property Relationships Legislation Amendment Act was introduced, which recognised same-sex couples in a variety of legislation, including the Workers Compensation Act, the Victims Compensation Act and the Criminal Procedure Act.

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Western Australia has similar laws but specifies 21 years as the age of consent for homosexual sex. The Tribunal found no evident intention in the Commonwealth Act to preclude the operation of the Anti-Discrimination Act The partnership registration scheme in Denmark and Norway provides the opportunity of public and formal declaration of attachment. However, the Report noted that "dependent" as defined "includes" a spouse. Superannuation is a central component of retirement incomes policy. The most common areas of exemption include private education, employment in child care and churches and religious institutions. The jurisdiction of the Family Law Act extends to de facto relationships only in relation to children and only on the basis of a reference of powers from the States.

The legislative situation in relation to persons of trans-gender identity is particularly inadequate. Prevention can begin by parliaments and the judicial system placing a stronger emphasis on the incarceration of those who commit gay-hate related homicide, and so reaffirming the seriousness of these offences, and the importance of equality.

This legislation makes it unlawful to incite hatred towards, serious contempt for or severe ridicule of a person or a group on the ground of homosexuality of the person or of members of the group. In particular, there are differences in the range of exceptions and exemptions allowed for by each State and Territory with legislation.

The Tribunal considered there to be no doubt that the applicant Mr Brown and the deceased Mr Corva "had a close marriage-like relationship and that they conformed to the requirements of s. Victims are more likely to be in the workforce than the offender.

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This study reiterates the need for the whole of society to remain vigilant in protecting all of its members. This changed with the Assisted Reproductive Technology Act which declared commercial surrogacy to be illegal and all surrogacy contracts to be void. It commenced on the same day. The coverage of the SDA is not sufficient to provide adequate protection against discrimination based on trans-gender identity. This is also supported by recent decisions before the European Court of Justice. Violence against gay men and lesbians includes brutal murders such as that of Mr Richard Johnson who was bashed to death in a suburban park in Sydney in late Gay men and lesbians also encounter discrimination in relation to the right to consent when a partner dies. A letter accompanying the grant of a passport or Document of Identity states that the Government of Australia does not recognise the change and that the granting of the application does not reflect the Government's view of the applicant's legal status.

Vilification and violence Gay men and lesbians are often the victims of violence and abuse, including harassment, often physical. This provides the background for a review of New South Wales Government education policy on "homosexuality" and argues that this policy ultimately reinforces unhelpful discourses about sexual diversity, and fails to reflect the complexities and fluidities of sexual identities.

An analysis of discrimination for homosexuality in new south wales

Superannuation funds must comply with the Superannuation Industry Supervision Act "the SIS Act" if they are to obtain the substantial tax concessions available to funds. Subsequent judicial and other inquiries found the strip searching was totally unnecessary and an abuse of police power. Australia has already recognised these relationships in immigration law through the provision of a category of "interdependent partners" to allow both homosexual and heterosexual relationships to continue in Australia on the basis of the genuineness of the relationship as expressed through emotional bonds, stability and serious attachments to a partner. In the United States a number of States have allowed changes to be made to the gender noted on birth registers, although not all of these expressly provide for it by statute. Protecting the rights of persons of trans-gender identity also requires explicit legal recognition of change of gender in appropriate circumstances. Thompson, S. Recognition of trans-gender identity Introduction Gay men and lesbians face widespread discrimination on the basis of their sexual orientation as do persons of trans-gender identity. In law the sex of the aggrieved person is male but in this instance the discrimination is not linked to the aggrieved person's male status. Indeed there have been several cases specifically addressing the classification issue in various Australian jurisdictions. For example benefits are reduced or denied where the income of a spouse is above a threshold amount and the benefits payable to couples are less than would be payable to two unrelated individuals. Much of the debate in this matter centres on the question at what point a person assumes different gender and to what extent sex reassignment by operation must take place.

Although information as to the type of employment was not available for comparative purposes, previous research Thompson unpub. Examples of this discrimination include two recent cases where Commonwealth Government employees have been denied allowances and other entitlements on the basis of their same sexuality.

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The Department of Immigration and Multicultural Affairs encourages applicants to show thorough documentary evidence that they have been together for some time to strengthen the application. Following the first parade, New South Wales saw dozens of gay-hate murders from the late s to the late s, of which 30 remain unsolved. Superannuation In most defined superannuation benefit schemes, such as the Australian Public Service schemes, a "spouse" may be paid either a lump sum payment or a pension or both if death or disablement of a contributor occurs before attaining the maximum retiring age. Health and medical insurance Health insurers often fail to extend health insurance cover to same sex couples on the same basis as different sex couples. The Commonwealth Superannuation Schemes Amendment Act eliminated discrimination on the basis of marital status by removing the discriminatory "dependency" requirement for an unmarried spouse. The trustees of these schemes can be given a discretion to pay death benefits to a same sex partner as either a spouse or a dependent. Irreversibility is an important aspect of this discussion. There is a certain irrevocability about sex reassignment. Judge Ostrowski ruled that the actions of police involved in the raid exceeded the search warrant and that the detention and consequent strip search of each patron on the night was "unreasonable" and amounted to "assault". More generally, there is need for classroom education on a whole range of human rights issues, including homophobia. Another issue of concern for lesbians and gay men is the failure of the legal system to acknowledge the parenting role and attachment to a child formed by a same sex partner of the biological parent of a child in the event of the death of that parent. Norway later took a similar approach. The pre-operative person may share the psychological orientation to the same degree as the postoperative person. Previous reports by the commission have recommended stepparent adoption provisions to include same-sex de facto relationships. Decisions of the UN Human Rights Committee indicate that the obligation to respect and ensure the "equal protection of the law" is an obligation to prevent discrimination in the law, in the application of the law or in any action under the authority of law.
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Human Rights for Australia's Gays and Lesbians ()