ࡱ> fhg` u9bjbjss P;1, ((( 2 D )))*$*<9l*l*l*l*l*l*l*l*8888888$:h{<*8$2l*l*$2$28l*l*8V3V3V3$2Ll*l*8V3$28V3V3V7@N8l*`* )p28 880980<2<N8<N8Dl*`,V3~.\/Jl*l*l*882^l*l*l*9$2$2$2$2d'$d'&dr>d@  The Students Association of the University of Adelaide (SAUA) Submission to 'Same-Sex: Same Entitlements' - The National Inquiry into Discrimination Against People in Same-Sex Relationships Regarding Financial and Work-Related Benefits and Entitlements The Students Association of the University of Adelaide The Students Association of Adelaide University (SAUA) is the peak representative body for all students enrolled at the University of Adelaide. The University of Adelaide is comprised of four campuses North Terrace, Roseworthy, Waite and Thebarton Campus and has 18,690 enrolled students. The SAUA is an affiliate of the Adelaide University Union (AUU), as legislated in Section 21 of the University of Adelaide Act 1971. The SAUA exists to promote and protect the rights of students. We are the peak student representative body on campus, and the primary advocate for students, to the University, Government and the wider community. The SAUA welcomes the opportunity to contribute to the HREOC - Same-Sex: Same Entitlements National Inquiry. The SAUAs submission to this inquiry will limit its focus on the situation in South Australia and the significance of the Statutes Amendment (Relationships) Bill 2004 in reference to question 4 of the discussion paper. State and Territory laws: guide for submissions 4. The Inquiry encourages submissions that provide: (a) information and analysis about State and Territory laws which discriminate against same-sex couples, and any children of same-sex couples, in the context of financial and work-related benefits and entitlements (b) examples of the impact that discriminatory State and Territory laws have had on the lives of same-sex couples and any children of same-sex couples (a) Information and analysis about State and Territory laws which discriminate against same-sex couples, and any children of same-sex couples, in the context of financial and work-related benefits and entitlements South Australia was once a pioneer in the importance of equality, recognition and acceptance of same sex relationships. As the first Australian state to decriminalise homosexual acts in 1972, with further legislative changes in 1975 and 1976, South Australia should have a proud and ongoing commitment to eliminating discrimination on the grounds of sexuality. However this is not the case. Currently there are 82 pieces of South Australian legislation that are discriminatory to people in same sex relationships. Beginning as part of the 2000 State Election campaign for the South Australian Labor Party, the Statutes Amendment (Relationships) Bill 2004 introduced for a first reading on 9th November 2004 by State Attorney-General Michael Atkinson, and referred to the Social Development Committee for inquiry in December of the same year. The Committee reported in favour of the Bill. The Statutes Amendment (Relationships) Bill 2004 seeks to amend the following pieces of South Australian legislation: ACTS AMENDED BY THE STATUTES AMENDMENT (RELATIONSHIPS) BILL 2004 1. Administration and Probate Act 1919 2. Aged and Infirm Persons' Property Act 1940 3. Architects Act 1939 4. Associations Incorporation Act 1985 5. Authorised Betting Operations Act 2000 6. Casino Act 1997 7. Chiropractors Act 1991 8. Citrus Industry Act 1991 9. City of Adelaide Act 1998 10. Civil Liability Act 1936 11. Community Titles Act 1996 12. Conveyancers Act 1994 13. Co-operatives Act 1997 14. Cremation Act 2000 15. Criminal Law Consolidation Act 1935 16. Criminal Law (Forensic Procedures) Act 1998 17. Crown Lands Act 1929 18. De Facto Relationships Act 1996 19. Dental Practice Act 2001 20. Development Act 1993 21. Domestic Violence Act 1994 22. Electoral Act 1985 23. Environment Protection Act 1993 24. Equal Opportunity Act 1984 25. Evidence Act 1929 26. Family Relationships Act 1975 27. Firearms Act 1977 28. First Home Owner Grant Act 2000 29. Gaming Machines Act 1992 30. Genetically Modified Crops Management Act 2004 31. Governors' Pensions Act 1976 32. Ground Water (Qualco-Sunlands) Control Act 2000 33. Guardianship and Administration Act 1993 34. Hospitals Act 1934 35. Housing and Urban Development (Administrative Arrangements) Act 1995 36. Housing Improvement Act 1940 37. Industrial and Employee Relations Act 1994 38. Inheritance (Family Provision) Act 1972 39. Judges' Pensions Act 1971 40. Juries Act 1927 41. Legal Practitioners Act 1981 42. Liquor Licensing Act 1997 43. Local Government Act 1999 44. Medical Practitioners Act 1983 45. Members of Parliament (Register of Interests) Act 1983 46. Mental Health Act 1993 47. Natural Resources Management Act 2004 48. Parliamentary Superannuation Act 1974 49. Partnership Act 1891 50. Pastoral Land Management and Conservation Act 1989 51. Pharmacists Act 1991 52. Phylloxera and Grape Industry Act 1995 53. Physiotherapists Act 1991 54. Pitjantjatjara Land Rights Act 1981 55. Police (Complaints and Disciplinary Proceedings) Act 1985 56. Police Superannuation Act 1990 57. Problem Gambling Family Protection Orders Act 2004 58. Public Corporations Act 1993 59. Public Intoxication Act 1984 60. Public Sector Management Act 1995 61. Public Trustee Act 1995 62. Racing (Proprietary Business Licensing) Act 2000 63. Renmark Irrigation Trust Act 1936 64. Residential Tenancies Act 1995 65. Retirement Villages Act 1987 66. River Murray Act 2003 67. South Australian Health Commission Act 1976 68. South Australian Housing Trust Act 1995 69. South Eastern Water Conservation and Drainage Act 1992 70. Southern State Superannuation Act 1994 71. Stamp Duties Act 1923 72. Superannuation Act 1988 73. Superannuation Funds Management Corporation of South Australia Act 1995 74. Supported Residential Facilities Act 1992 75. Supreme Court Act 1935 76. Transplantation and Anatomy Act 1983 77. University of Adelaide Act 1971 78. Upper South East Dryland Salinity and Flood Management Act 2002 79. Veterinary Practice Act 2003 80. Victims of Crime Act 2001 81. Wills Act 1936 82. Workers Rehabilitation and Compensation Act 1986 In South Australia, same sex couples only have legislated rights in the States four Superannuation Acts - Parliamentary Superannuation Act, Police Superannuation Act, Southern State Superannuation Scheme Act and the Superannuation Act. These changes were implemented only as recently as 2003. The financial legislative discrepancies impacting on same sex couples in South Australia are severe. Lets Get Equal, South Australias Lobby for Equal Rights For Same Sex Couples provide a brief, but shocking run down on a few of the problems faced by same sex couples. They state, If you are in a same sex relationship, unlike married or heterosexual de facto couples... You will not inherit your partners assets if they die without a Will. You cannot claim compensation if your partner dies in an accident. You have to pay expensive stamp duty when transferring property between yourselves. If your relationship ends, you cannot get access the same cheap and easy court assistance to disentangle finances and divide property. You are not entitled to be paid compensation for the grief you suffer if your partner is killed as a result of a criminal injury. You can be required to give evidence against your partner in court. You may be denied access to your sick partner if they are hospitalised. You may be denied access any information about their condition. You cannot access assisted reproductive technologies. You may be denied the right to participate in making vital decisions about an incapacitated partners medical treatment. If your partner dies, you may be denied the right make any decisions about the body (like organ donation) or about the funeral. Indeed, you can be legally stopped from even attending the funeral. Amongst this list are some significant financial issues that are complicated where they should not be. Simple alterations of legislative terminology would alleviate many of the discriminations throughout the South Australian legislation in question. Much of the legislation using terms such as putative spouse or de facto both having legal reference to a relationship between members of the opposite sex. The Social Development Committees Statutes Amendments (Relationships) Bill 2004 Report recommends that the amended legislation uses the inclusive term spouse and de factor partner. The Statutes Amendment Bill (Relationships) will define de facto partner as: (1) A person is, on a certain date, the de facto partner of another (irrespective of the sex of the other) if he or she is, on that date, cohabiting with that person as a couple on a genuine domestic basis (other than as a legally married couple) and he or she (a) has so cohabited with that other person continuously for the period of 3 years immediately preceding that date; or (b) has during the period of 4 years immediately preceding that date so cohabited with that other person for periods aggregating not less than 3 years. (2) A person is, on a certain date, the de facto partner of another if he or she is, on that date, cohabiting with that person as a couple on a genuine domestic basis (other than as a legally married couple) and a child, of which he or she and the other person are the parents, has been born (whether or not the child was still living at that date). (3) Despite the preceding subsections, a person is not the de facto partner of another if he or she is related by family to the other. (4) A person whose rights or obligations depend on whether (a) he or she and another person; or (b) 2 other persons, were, on a certain date, de facto partners one of the other may apply to the Court for a declaration under this section. This simple change opens up a wealth of financial equality for same sex couples. Without the successful amendment of South Australian legislation, South Australian workers in same sex relationships will continue to face discrimination and unjust treatment in regards to certain entitlements and benefits. Two of the major changes The Statutes Amendment (Relationships) Bill 2004 will provide to same sex couples deal with the death of a partner. Presently in South Australia, same sex partners are unable to claim for grief, funeral expenses or income loss if a partner is killed in a workplace accident. Amendments to the Workers Rehabilitation and Compensation Act 1986 will change this. The Statutes Amendment (Relationships) Bill 2004 will also amend the Administration and Probate Act 1919 to ensure that a partner of deceased State Government Employee will be granted owed wages to the limit of $2000. (b) examples of the impact that discriminatory State and Territory laws have had on the lives of same-sex couples and any children of same-sex couples The Social Development Committees Statutes Amendments (Relationships) Bill 2004 Report states that over 300 (14.7%) same sex couples in South Australia are raising one or more children, this is compared to the national percentage of 11% of same sex couples raising children. The issue of raising children in a same rex relationship is a heated and often irrationally debated matter. Changes to the Adoption Act 1988 and the Reproductive Technology Act 1988 to allow same sex couples assistance to start a family were not included in the Bill for consideration or amendment. The SAUA urges the State Government to address the discrimination prevalent is legislation governing access to reproductive technologies and adoption services, and not be persuaded to deem the issues to controversial. One of the most significant injustice currently enshrined in South Australian legislation relates to parenting leave and carer leave entitlements. The Industrial and Employee Relations Act 1994 prevents women in same sex relationships being entitled to parental leave if her partner gives birth to a child. Amending this Act would allow same sex parents the ability to spend time with their new child a simple opportunity taken for granted in heterosexual relationships. Conclusion The Students Association of the University of Adelaide supports the Human Rights and Equal Opportunity Commissions National Inquiry into Discrimination Against People in Same-Sex Relationships Regarding Financial and Work-Related Benefits and Entitlements. It is the hope of the SAUA that this national inquiry makes great inroads into removing the legislative barriers that enable discrimination on the grounds of sexuality.  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