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Senator Andrew Bartlett
Deputy Parliamentary Leader and Democrats Senator for Queensland

Senator Andrew Murray
Democrats Senator for Western Australia
Australian Democrats spokesperson for Taxation, Finance & Corporate Affairs

Dated: 21 September 2007
Portfolio: Sexuality Issues
Related: Taxation, Finance & Corporate Affairs

More from Senator Andrew Murray on Taxation, Finance & Corporate Affairs



Howard Keeps Homophobic Laws

The Australian Democrats have labelled hypocritical the government's unwillingness to adopt Democrat amendments implementing recommendations of the Human Rights and Equal Opportunity Commission's (HREOC) report, Same-Sex: Same Entitlement.

HREOC said (page 373): The principles of non-discrimination, equality before the law and the best interests of the child are amongst the most fundamental of all human rights principles. Yet there are a raft of [58] federal laws which breach these principles.

Continuing decades of advocacy, the Australian Democrats this week moved amendments to tax, superannuation and social security laws to implement HREOC's recommendations.

Democrat Deputy Leader Senator Andrew Bartlett said "The federal government repeatedly says it supports removing discrimination against same-sex couples, yet it continually blocks every single effort by the Democrats to implement this basic principle in law."

"There is widespread community and political support for action on the issue so there is absolutely no justifiable reason as to why we have basic measures to implement justice thwarted at every turn.

"The government's hypocrisy in addressing this legally entrenched discrimination must be condemned.

Democrats' Tax, Finance and Corporate Affairs spokesperson, Senator Andrew Murray said "HREOC said the discriminatory laws were easy to amend, and provided precise guidance on how to do that. The Democrats followed their guidance closely moving amendments to the following 12 Acts:

Defence Force Retirement and Death Benefits Act 1973
Income Tax Assessment Act 1936
Income Tax Assessment Act 1997
Judges Pensions Act 1968
Judicial and Statutory Officers (Remuneration and Allowances )Act 1984
National Health Act 1953
Parliamentary Contributory Superannuation Act 1948
Social Security Act 1991
Superannuation Act 1976
Superannuation Industry (Supervision) Act 1973
Veteran's Entitlement Act 1986
Workplace Relations Act 1996

"The Coalition voted against all these amendments. A party with a conscience vote did not have one member with the principle to cross the floor, despite whispering their support. What has Menzie's party come to?

"It is no good having dozens of Liberals and many members of the Cabinet supporting an end to homophobic laws governing financial and work-related entitlements if they don't have the courage to insist that their leader end this unjust discrimination. The Coalition are keeping terrible company with intolerant bigots by keeping outdated and unjust homophobic laws on the books when there is overwhelming support to have them abolished.

"To restore any credibility on this issue, at the very least the PM should announce a timetable by which the HREOC recommendations will be implemented," Senator Murray concluded.

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