ࡱ> `  bjbjss ?}/%$ $ $ "F   d>R>R>R8vR4R!jSLS"SSSSS S$Th*= K\SSK\K\= SSR9`9`9`K\ S S9`K\9`9`V S^S p >Ri]4Ch0KG_h <T|V9`HXlYTTT==#`TTTK\K\K\K\!!!,Nd!!!N b V   The Hon John von Doussa QC President Human Rights and Equal Opportunity Commission GPO Box 5218 SYDNEY NSW 1042 Dear President Enquiry into discrimination against people in same-sex relationships: Financial and work-related benefits and entitlements I refer to your letter of 24 March 2006. You have requested the Boards assistance in identifying and analysing relevant laws in NSW which may have a discriminatory impact on same-sex couples. The Anti-Discrimination Board (ADB) was established in 1977 to administer the Anti-Discrimination Act 1977 (NSW) (the Act or the ADA). The ADB s functions include: investigating and conciliating complaints of discrimination, harassment and vilification; informing and educating the people of NSW, employers and service providers about their rights and responsibilities under anti-discrimination law; and recommending legislative and policy reform to maximise the protection of human rights and effectiveness of anti-discrimination law. The ADA makes certain types of discrimination unlawful in certain defined areas of public life. While the Act includes a range of exceptions and exemptions, in general terms the ADA makes unlawful discrimination on the basis of race, sex (including pregnancy and sexual harassment), transgender status, marital status, disability, carers responsibilities, homosexuality and age. The areas of public life covered by the ADA are employment, education, the provision of goods and services, accommodation and the activities of registered clubs. The ADA also prohibits vilification on the grounds of homosexuality, race, transgender status and HIV/AIDS status. We note that the primary focus of this Inquiry is on the areas of financial and work-related entitlements and benefits as they affect people in same-sex relationships and how they may be discriminated against in these particular areas. This submission, largely based on previous research by the Board, deals with this aspect but also refers to other relevant laws and practices which in the Boards view discriminate against people on the ground of their sexuality. The Recognition of Same Sex Relationships in Australia At present there are no reliable statistics to indicate the numbers of same sex couples in Australia. In the 1996 census, people were able to indicate that they were living in a same sex de facto relationship. In the 1996 census, 10,215 lesbian and gay couples did so. In 2001, 19,594 same sex couples declared they were living together. It is likely that these figures significantly underestimate the numbers of same sex relationships in Australia. First, there is no category for same sex relationships on the census form. The figures are deduced from the information provided, that is that two men or two women are the adults of the household and they indicate they are in a de facto relationship. Such an approach does not give people a clear option to disclose their same sex relationship. Secondly, these figures only include same sex relationships where the couple lives together. Thirdly, we also know that there are many reasons why people in same sex relationships may not disclose the nature of their relationship. Australians in same sex relationships continue to face discrimination, harassment, abuse, vilification and victimisation on the ground of their sexuality. The findings of earlier examinations such as the NSW Anti-Discrimination Boards survey of the discrimination experienced by lesbians and gay men conducted in 1982 have been consistently substantiated by other more recent empirical studies conducted in Australia and overseas. In 2000 the Victorian Gay and Lesbian Rights Lobby published a report called Enough is Enough which examined discrimination and abuse experienced by lesbians, gay men, bisexuals and transgender people. That study revealed that 84% of participants aged between 14 and 21 had been treated unfairly because of their sexuality and almost half had suffered verbal or physical abuse because of their sexuality. The Australian Centre for Lesbian and Gay Research in its collaborative report into the workplace experiences of 900 gay men, lesbians and transgender people, The Pink Ceiling is Too Low found that harassment and/or prejudicial treatment on the basis of homosexuality or gender identity was widespread with 59% (532) of the participants experiencing such treatment in their current or previous workplace. In addition a report by the Gay and Lesbian Rights Lobby of NSW into Gay and Lesbian Parenting found that gay and lesbian parents and their children encounter discrimination in almost all aspects of their lives. The experience of human rights organisations like the Anti-Discrimination Board is that discrimination, harassment, violence and abuse is perpetuated against lesbians and gay men in all areas of public life: in dealings with uniformed services, in schools, in accessing medical and other services, in securing accommodation, in parenting and access to children, in employment and in public places. Anti-discrimination legislation can provide important individual remedies. Further, irrespective of the number of formal complaints lodged with bodies such as the ADB, the educative and deterrent function of the laws cannot be underestimated. At Annexure A, this submission sets out the number of enquiries and formal complaints received by the Board for the past 4 financial years on the grounds of homosexuality and of marital status. Unfortunately, it is not possible to cross-reference this data to extract the number of enquiries and complaints received where both of these grounds have been present. I note that while these figures may appear low, there is research that indicates that anti-discrimination remedies may be under utilised by gay men and lesbians. NSW Legislation In 1999 after years of lobbying by the gay and lesbian community, the NSW Parliament passed the Property (Relationships) Legislation Amendment Act 1999. The PRA came into force on 28 June 1999. It amended the pre-existing De Facto Relationships Act 1984 (NSW) and renamed it the Property (Relationships) Act 1984 (PRA) The PRA widened the scope of the relationships covered to include domestic relationships. Section 5 of the PRA states: a domestic relationship is: (a)a de facto relationship, or (b)a close personal relationship (other than a marriage or a de facto relationship) between two adult persons, whether or not related by family, who are living together, one or each of whom provides the other with domestic support and personal care. The PRA provides a framework for the division of property for same sex defacto couples and others in close personal relationships. Of note, is that section 20 of the PRA authorises a decision-maker to make just and equitable orders, having regard to the financial and non-financial contributions of the parties. Unlike the federal Family Law Act, the PRA does not consider the future needs of the parties when making a determination. The implication of this disparity between the Federal and State acts is that marital relationships give rise to some obligation toward the other partys welfare, but that other relationships do not. The PRA also amended 21 other pieces of NSW legislation to extend defacto rights and obligations to people in same sex defacto relationships in areas such as inheritance, decision making when incapacitated and after death, compensation and stamp duty. Although the PRA, as amended, had wider coverage than it did before the 1999 amendments, there were still many other issues that required further investigation. The broader policy issues surrounding the legal recognition of defacto and close personal relationships outside of marriage had not been systematically examined in NSW since before the enactment of the De Facto Relationships Act 1984. Consequently, in 1999, shortly after the enactment of the PRA, the then NSW Attorney General, Hon Jeff Shaw QC, asked the NSW Law Reform Commission (NSWLRC) to review aspects of the law relating to relationships in the context of social changes and changes to the legal framework. In particular, the NSWLRC was asked to assess the new legislation with a view to ascertaining whether it met the needs of the diversity of family forms and household arrangements in which people lived. The NWLRC Discussion Paper 44 was the result of detailed research into areas identified as requiring further consideration, specifically focussing on the way the PRA works regarding financial affairs and property division. In its submission to the NSWLRC the Board noted that the relationships which the law recognises and fails to recognise in turn impact upon peoples rights to access effective legal remedies when a relationship breaks down. Subsequently, further reform was effected in the Miscellaneous Acts Amendment (Relationships) Act 2002 (the Amending Act), which commenced on 1 November 2002. Often referred to as the missing pieces legislation this Act amended twenty-four NSW statutes, including many previously identified by the Board as requiring reform. The NSW statutes listed in Annexure B were amended by the Amending Act. Please note that a number of these Acts listed below have since been repealed. Those which have been repealed are so noted. Please note this submission does not address the question of provisions dealing with the definition of relationships in the applicable amending acts. A number of reforms were not included in the Amending Act. Listed at Annexure C are Acts which, in the view of the ADB, should be amended consistent with the stated purpose of the Amending Act, that is, to address laws which discriminate against gay and lesbian couples compared with their heterosexual counterparts. The ADB submits that most of these reforms do not have significant policy ramifications but would send a strong message to the community about the importance of recognising same-sex relationships in all areas of life. [Contact details of individual officer removed.] Yours faithfully Stepan Kerkysharian AM President ANNEXURE A ENQUIRIES AND COMPLAINTS RECEIVED BY THE BOARD ON THE GROUND OF HOMOSEXUALITY FINANCIAL YEARENQUIRIES COMPLAINTS2001-200226348 2002-200319761 2003-200414321 2004-200518331  ENQUIRIES AND COMPLAINTS RECEIVED BY THE BOARD ON THE GROUND OF MARITAL STATUS FINANCIAL YEARENQUIRIES COMPLAINTS2001-200218024 2002-200316430 2003-200410517 2004-20058314  ANNEXURE B List of NSW Acts amended by the Miscellaneous Acts Amendment (Relationships) Act 2002 Adoption Act 2000 Conveyancers Licensing Act 1995 Credit Act 1984 Crimes (Administration of Sentences) Act 1999 Criminal Procedure Act 1986 Defamation Act 1974 (since repealed and replaced) Dentists Act 1989 (since repealed and replaced) Electricity (Pacific Power) Act 1950 (since repealed) Evidence Act 1995 Health Insurance Levies Act 1982 Industrial Relations Act 1996 Landlord and Tenant Act 1899 Landlord and Tenant (Amendment) Act 1948 Law Reform (Miscellaneous Provisions) Act 1946 Legal Profession Act 1987 (since repealed and replaced) Local Courts (Civil Claims) Act 1970 (repealed) Motor Vehicles Taxation Act 1988 Police Service Act 1990 (repealed) Public Sector Management Act 1988 (since repealed) Road Transport (Heavy Vehicle Registration Charges) Act 1995 Sporting Injuries Insurance Act 1978 Teaching Service Act 1980 Transport Administration Act 1988 Trustee Companies Act 1964. The Regulations amended are the Residential Tenancies (Residential Premises) Regulation 1995 and the Road Transport (Vehicle Registration) Regulation 1998. Briefly stated, the Amending Act amended references to terms such as spouse, de-facto and immediate family member in certain NSW acts and Regulations to provide for those references to include persons in a de facto relationship within the meaning of the Property (Relationships) Act 1984 (NSW). For the purposes of the Property (Relationships) Act, a de facto relationship is a relationship between two adult persons: (a) who live together as a couple, and (b) who are not married to one another or related by family. A de facto relationship can be a same sex relationship. In determining whether two persons are in a de facto relationship, all the circumstances of the relationship are to be taken into account including certain matters specified in section 4 (2) of the Property (Relationships) Act as may be relevant in a particular case. Below is an outline of the impact of the reforms in the Amending Act on each of the acts listed above. Adoption Act 2000 The amendment inserted by the Amending Act only applies in relation to the release of adoption information concerning a deceased person to their spouse or de facto spouse. Section 137 extends the kinds of de facto relationships that are covered by the term spouse by using the definition of de facto relationship in the  HYPERLINK "http://www.legislation.nsw.gov.au/summarize/inforce/s/1/?xref=RecordType%3DACTTOC%20AND%20Year%3D1984%20AND%20Actno%3D147&nohits=y" \t "main" Property (Relationships) Act 1984. The Adoption Act 2000 allows adoption by single people or a couple, defined in the Act as a man and woman who are married or have a de facto relationship. Same sex couples are not permitted to jointly adopt a child; gay and lesbian couples may only adopt as single people. This issue was not addressed by the Amending Act. The ADB notes and strongly supports the recommendation of the NSW Law Reform Commission in its review of the Adoption of 鱨վ Act, that same-sex couples be eligible to adopt a child as a couple and be included in the ambit of step-parent provisions. Conveyancers Licensing Act 1995 This Act relates to financial accountability in business proceedings on the part of a person who holds a conveyancers license. It includes requirements relating to assets held by an associate of a licensee. An associate may include a spouse or a de-facto partner. The Act now applies the definition in the Property (Relationships) Act 1984. Credit Act 1984 The Amending Act amends this acts sections relating to guarantors. It provides that, in so far as these sections relate to spouses, they relate also to defacto and same sex defacto partners by amending the definition of spouse to include de facto relationships within the meaning of the Property (Relationships) Act 1984. Crimes (Administration of Sentences) Act 1999 The Amending Act amended specific sections of this act relating to leave permits being granted for compassionate reasons regarding the immediate family of an inmate. For the purposes of section 26, the definition of member of the inmates immediate family has been amended to include a person with whom the inmate has a de facto relationship (within the meaning of the  HYPERLINK "http://www.legislation.nsw.gov.au/summarize/inforce/s/1/?xref=RecordType%3DACTTOC%20AND%20Year%3D1984%20AND%20Actno%3D147&nohits=y" \t "main" Property (Relationships) Act 1984). Criminal Procedure Act 1986 Section 104 of this act deals with the compellability of a husband or wife to give evidence in certain proceedings. The Amending Act replaced the terms husband or wife with spouse and extended the meaning of spouse by including defacto relationships as defined in the  HYPERLINK "http://www.legislation.nsw.gov.au/summarize/inforce/s/1/?xref=RecordType%3DACTTOC%20AND%20Year%3D1984%20AND%20Actno%3D147&nohits=y" \t "main" Property (Relationships) Act 1984. Defamation Act 1974 The Amending Act amended section 56 of this act which provides that in defamation proceedings a person is not excused from giving certain incriminating evidence against the persons spouse. The amendment extended the meaning of spouse by including de facto relationships as defined in the Property (Relationships) Act 1984. Dentists Act 1989 The relevant provisions relate to incorporating dental practices, and the Act includes requirements about majority shareholders being dentists or members of a dentists family (s.53). The Bill extends the meaning of de facto partner by including de facto relationships as defined in the Property (Relationships) Act 1984. Electricity (Pacific Power) Act 1950 S 73A. Payments in respect of long service leave on death of employee Subsection 1 entitles payment of accrued employee long service leave to dependents in event of employees death. Categories of dependents include widow or widower (not defined) or children of the employee, and if no such person exists a dependent relative. If no person specified in sub-section (1) exists payment may be made to the employees personal representative (s 73A(3)). In some cases presumably this could be a same sex partner. The Bill amends this Act by substituting the terms spouse for the terms the widow and widower and extends the meaning of spouse by including de facto relationships as defined in the Property (Relationships) Act 1984. Evidence Act 1995 Section 18 of the Evidence Act provides that heterosexual partners (married or de facto) and parents or children of defendants in criminal proceedings, can object to being required to give evidence against them if the court finds that the potential harm to their relationship outweighs the benefit of the evidence. The Amending Act extended the definition of de facto spouse by providing that it means a person with whom the person has a de facto relationship within the meaning of the  HYPERLINK "http://www.legislation.nsw.gov.au/summarize/inforce/s/1/?xref=RecordType%3DACTTOC%20AND%20Year%3D1984%20AND%20Actno%3D147&nohits=y" \t "main" Property (Relationships) Act 1984. The effect is that same-sex partners of defendants may object to giving evidence against their partners in certain circumstances. Health Insurance Levies Act 1982 Section 16 B of this act provides for two classes of membership of the State Ambulance Insurance Plan single and family membership. Family membership comprises a person and the dependants of the person and provides that a reference in subsection (2) (b) to the dependants of a person is a reference to the spouse of the person and to such other persons as are prescribed as dependants of the person. The term spouse was not defined. The Amending Act extended the definition of spouse by including de facto relationships as defined in the Property (Relationships) Act 1984. Industrial Relations Act 1996 The Amending Act amended the definition of member of the family of a person to include a reference to the meaning of defacto relationship as defined in the Property (Relationships) Act 1984. The term member of the family applies to Chapter 6, in relation to public vehicles and to section 265, the mortality fund. These are provisions relating to contracts for carriage being granted to bodies corporate which are family businesses, contracts binding on a carrier also being binding on family members in a family business, and eligibility for payments from a mortality fund in the event of a persons death. Landlord and Tenant Act 1899 Section 2B of this act relates to a deserted wifes tenancy rights. The Amending Act amended the term wife and inserted instead the term spouse. Spouse has the same meaning as defined in the Property (Relationships) Act 1984. Section 25 (Mode of service of summons to recover possession) was amended in the same way. Landlord and Tenant (Amendment) Act 1948 The Amending Act inserted a definition of spouse as defined in the Property (Relationships) Act 1984. Sections which provide certain protections in respect of tenancies of prescribed premises were amended by using the term spouse to replace references to wife, husband and was not married. The term spouse is also used in section 62 (Restriction on eviction). Law Reform (Miscellaneous Provisions) Act 1946 This Act relates to the bringing of tort actions. Section 5 provides for proceedings against and contribution between joint and several tort-feasors and, in particular, provides for the amount of damages and costs recoverable by a wife, husband and certain other relatives. The Amending Act substituted the term spouse for the terms wife and husband and provided that the definition of spouse includes a person with whom the person has a defacto relationship within the meaning of the Property (Relationships) Act 1984. Legal Profession Act 1987 The definition of associates in this Act relate to various provisions dealing with trust accounts mortgage practices and the like. The definition of de facto partner is to be extended to include de facto relationships as defined by the Property (Relationships) Act 1984. Local Courts (Civil Claims) Act This act provides for the right of appearance of the spouse of a party to an action. The amendment provides that the spouse of a party includes a person with whom the party has a de facto relationship within the meaning the Property (Relationships) Act 1984. Motor Vehicles Taxation Act 1988 The Amending Act amended section 16 of this Act which provides for certain kinds of vehicles to be exempt from tax, including motor vehicles owned and used by a pensioner. The exemption only applies in respect of two motor vehicles where the pensioner is married. Section 16 was amended to include pensioners in a de facto relationship within the meaning of the Property (Relationships) Act 1984. Police Service Act 1990 Section 216 of this Act provides special risk benefit where certain police officers are hurt on duty. Where a police officer dies in the line of duty and is not a member of superannuation fund, then the Commissioner may pay to the officers spouse, or, if there is no spouse, to the officers personal representative, an amount of money calculated as the section provides. The definition of de facto partner is to be extended to include de facto relationships as defined by the Property (Relationships) Act 1984. Public Sector Management Act 1988 This act provides for the money value of certain extended leave entitlements of a deceased officer to be paid to certain persons including the widow or widower of the officer. The Amending Act substituted the term spouse for the terms widow and widower and provided that the meaning of spouse includes a person with whom the officer had a defacto relationship within the meaning of the Property (Relationships) Act 1984. Please note that these amendments are reflected in the replacement act, the Public Sector Employment and Management Act 2002. Residential Tenancies (Residential Premises) Regulation 1995 Clause 23A relates to tenancy agreements affected by Home Purchase Assistance Authority (HomeFund) mortgages. The Amending Act deleted the reference to defacto spouse and inserted a definition of spouse consistent with the meaning of the term in the Property (Relationships) Act 1984. Road Transport (Heavy Vehicles Registration Charges) Act 1995 The exemption for eligible pensioners was amended to include a reference to defacto relationship and provided that the term has the same meaning as the Property (Relationships) Act 1984. Road Transport (Vehicle Registration) Regulation 1998 The exemption for eligible pensioners was amended to include a reference to defacto relationship and provided that the term has the same meaning as the Property (Relationships) Act 1984. Sporting Injuries Insurance Act 1978 Section 26 provides for the payment of death benefits to a deceased persons dependents persons where the person is killed playing an authorised sport as a registered participant. The definition of dependent is limited to child and to a wife or husband, or heterosexual de facto partner (specified by definition). A child includes a child under 16 or full time student under 21years to whom the deceased stood in loco parentis immediately before death (s 26(1)). The Amending Act extended the definition of dependent to include de facto relationships within the meaning of the Property (Relationships) Act 1984. Teaching Service Act 1980 Section 81 provides that in the event of the death of deceased teaching officer, the money value of certain extended leave entitlements may be made to certain persons including the widow or widower of the officer. The Amending Act substituted the term spouse for the terms widow and widower and provided that the terms spouse included a person with whom the person had a defacto relationship within the meaning of the Property (Relationships) Act 1984. Transport Administration Act 1988 Schedule 5 provides for the money value of certain extended leave entitlements of a deceased officer to be made to certain persons including the widow or widower of the officer. The Amending Act substituted the term spouse for the terms widow and widower and provided that the terms spouse included a person with whom the person had a defacto relationship within the meaning of the Property (Relationships) Act 1984. It further provided that if it appears that more than one person is entitled as a spouse to payment, the payment must be made to the deceased officers personal representative. Trustee Companies Act 1964 Section 21 confers a right on certain persons to apply to the Supreme Court for an order directing a trustee company that manages or controls an estate in which the applicant is interested to render a proper account. Persons so entitled include a wife and husband. The Amending Act substituted the term spouse and provided that the meaning of spouse includes a party to a defacto relationships as defined in the Property (Relationships) Act 1984. ANNEXURE C NSW Acts which do not recognise equality of same-sex relationships Adoption Act 2000 The Adoption Act 2000 allows adoption by single people or a couple, defined in the Act as a man and woman who are married or have a de facto relationship. Same sex couples are not permitted to jointly adopt a child; gay and lesbian couples may only adopt as single people. This issue was not addressed by the Amending Act. The ADB notes and strongly supports the recommendation of the NSW Law Reform Commission in its review of the Adoption of 鱨վ Act, that same-sex couples be eligible to adopt a child as a couple and be included in the ambit of step-parent provisions. Anti-Discrimination Act 1977 (ADA) Part 4 of the ADA deals with Discrimination on the ground of marital status. Under the ADA it is unlawful to discriminate against a person because of their marital status in five defined areas of public life. Section 4 of the ADA defines what comprises marital status: marital status means the status or condition of being: single, (b)married, (c)married but living separately and apart from ones spouse, (d)divorced, (e)widowed, or (f)in cohabitation, otherwise than in marriage, with a person of the opposite sex. There is no provision for discrimination on the basis of marital or relationship status for same sex couples. Effectively, a person who is a member of a same sex couple and who is discriminated against on the ground of that status, is denied the protection of the ADA. Section 54 of the ADA also provides an exception for acts done under statutory authority. Although intended to be a temporary measure, and despite reviews and submissions by the ADB over the years, section 54 remains albeit in a more narrow form than originally enacted. In its review of the ADA the NSW Law Reform Commission (Report 92, pub. Sydney 1999) noted that many submissions expressed concern at the breadth of the exception and the status which it accords anti-discrimination legislation in the overall framework of legislative regulation. In particular, there were concerns that the generality of the exception undermined the integrity of the ADA. After considering similar provisions in other jurisdictions, the LRC recommended the repeal of section 54 in its current form. To date, the recommendation has not been acted on. Human Tissue Act 1984 This act has been amended to include same sex partners when giving rights to spouses and considering partners to be the next of kin. However, the act may not recognise same sex co-parents as senior next of kin for child-parent relationships. In the absence of the biological parent, the same-sex co-parent would not be recognised as the next of kin. Industrial Relations Act 1996 While this act has been amended (see above) the Amending Act did not address the exclusion of non-biological same sex parents from the entitlement to unpaid parental leave (section 54). Parental leave is defined in such a way as to exclude non-biological same sex parents. Parental leave may be maternity leave - leave for a pregnant woman immediately before or after the birth of her child; and paternity leave is leave taken in connection with the birth of his or his spouses child section 55. It may also include adoption leave where an employee adopts a child under 5 years (other than a child who has previously lived continuously with the employee). As only single gay or lesbian persons can adopt this may exclude the non-recognised partner. Local Government Act 1993 The Dictionary in this act defines "de facto partner" as: (a) in relation to a man---a woman who is living or has lived with the man as his wife on a bona fide domestic basis although not married to him, and (b) in relation to a woman---a man who is living or has lived with the woman as her husband on a bona fide domestic basis although not married to her. Property (Relationships) Act 1984 As noted above sections 4 and 5 redefine the terms de facto and domestic relationship to include same sex relationships for the purposes of this Act. It does not amend the definition of de facto in other legislation unless otherwise stated. Similarly, the Act also does not change the way in which the word spouse is construed at law. Consequently, numerous statutes which discriminate against gay men and lesbians by failing to include their relationships within the definition of de facto continue unamended. Acts done in accordance with these unamended statutes may be open to a complaint of unlawful discrimination under the ADA, however, section 54 may be used as a defence to defeat the claim of unlawful discrimination where the allegedly unlawful act is one that is necessary to comply with the other act (see discussion above). Public Authorities Superannuation Act 1985 Section 5 defines "spouse", in relation to a deceased contributor, in the following way: (a) if the deceased contributor was survived by a widow or widower---the widow or widower, as the case may be, of the contributor; or (b) if the deceased contributor was not survived by a widow or widower: (i) where the contributor was a man and, at the time of his death, he was living with a woman as his wife on a bona fide domestic basis---the woman with whom he was so living; or (ii) where the contributor was a woman and, at the time of her death, she was living with a man as her husband on a bona fide domestic basis---the man with whom she was so living; Rural Lands Protection Act 1998 This Act contains provisions for de facto spouses, however, the term is not defined. Status of 鱨վ Act 1996 See recommendations for reform in the body of the above submission. Workplace Injury Management and Workers Compensation Act 1998. Section 4 defines defacto relationship in the following way: de facto relationship means the relationship between two unrelated adult persons: (a)who have a mutual commitment to a shared life, and (b)whose relationship is genuine and continuing, and (c)who live together, and who are not married to one another. As outlined in the body of this submission, this definition may not encompass same-sex relationships where, for a number of reasons, the partners do not live together on a full-time basis.  Bita, N. Out, proud and parents, The Australian, 16th July 2002.  Victorian Gay and Lesbian Rights Lobby, Enough is Enough A report on Discrimination and Abuse Experienced by Lesbians, Gay Men, Bisexual and Transgender People in Victoria, Fitzroy: Victorian Gay and Lesbian Rights Lobby, 2000 at page 5.  Irwin, J. The Pink Ceiling is Too Low: Workplace Experiences of Lesbians, Gay Men and Transgender People: Report of a collaborative research project undertaken by the Australian Centre for Lesbian and Gay Research and the NSW Gay and Lesbian Rights Lobby University of Sydney: NSW 1999  Gay and Lesbian Rights Lobby Inc Gay and Lesbian Parenting Consultations Report, Darlinghurst May 2001  See Report of the Ministerial Committee, Lesbian and Gay Law Reform, State of WA, Perth, June 2001, p 24.     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