Same Sex Relationships Bill 2008

The Federal Government has introduced legislation that aims to remove the discrimination against same-sex couples currently present in Acts governing Commonwealth superannuation schemes.

The Same-Sex Relationships (Equal Treatment in Commonwealth Laws – Superannuation) Bill 2008 will, according to Federal Attorney-General Robert McClelland who introduced the Bill into parliament on May 28, make amendments to Commonwealth legislation “so that same-sex couples are no longer denied the payment of death benefits from superannuation schemes or the tax concessions on death benefits currently made available to opposite-sex couples”. Under the legislation, all Commonwealth employees will be treated equally in their access to superannuation benefits. The Bill does not, however, modify any marriage laws.

The Bill will amend Acts which govern the following superannuation schemes:

• the Commonwealth Superannuation Scheme;
• the scheme under the Superannuation Act 1922;
• the Defence Force Retirement and Death Benefits Scheme;
• the Defence Forces Retirement Benefits Scheme;
• the Judges' Pensions Scheme;
• the Federal Magistrates Disability and Death Benefits Scheme;
• the Governor-General Pension Scheme; and
• the Parliamentary Contributory Superannuation Scheme.

Delegated legislation will amend other Commonwealth superannuation schemes, such as the Military Superannuation and Benefits Scheme and the Public Sector Superannuation Scheme.

The Bill has appeared to receive support from the Opposition and from the Greens. The Greens have, however, voiced their concern that while the legislation does remove discrimination from legislation governing Commonwealth superannuation schemes, discrimination is still present in respect of commercial superannuation schemes.

Mr McClelland has indicated that this Bill is the first of a number of a number of reforms to remove discrimination against same-sex couples. In a speech to HREOC on May 23 this year, entitled “Coming in from the Cold”, Mr McClelland noted that his Department had been working hard on the issues identified in last year's Same-Sex: Same Entitlements report, a report that dealt with financial and work related entitlements and benefits in respect of same-sex couples. He stated that officers had “unearthed more than 40 areas of Commonwealth legislation, in addition to the 58 identified in the report, which require amendment to remove discrimination against same-sex couples” and that these reforms would be introduced during the 2008 winter sittings of Parliament.

If passed, the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – Superannuation) Bill 2008 will commence 1 July 2008, with all changes expecting to be implemented by mid-2009.