Federal Law Reforms


The Federal Government has introduced changes to law that removes discrimination against same-sex couples and their children from a wide range of Commonwealth laws and programs (including social security and medicare). The Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 received Royal Assent on 9 December 2008.

Changes to the Family Law Act 1975, mean that now Federal law recognises most same-sex couples and their child/ren as a family. This means same-sex couples/families may now be recognised in relation to child support and in parenting orders in the Family Court.

For a summary of the federal reforms in relation to parenting, see the Parenting page on the Wear it with Pride website.

For a summary of all Commonwealth legislation and programs that have changed following the Same-Sex Relationships Act 2008, visit the Attorney-General’s Department website. Or see the guide below: Almost Equal: A guide for community legal centre lawyers to the 2008 Commonwealth law reforms affecting same sex couples. Although written for lawyers, this guide provides a useful overview of the changes to federal laws. Download the guide (produced by the LGBTI Network) below.

Specific changes include:

 

1. SOCIAL SECURITY AND FAMILY ASSISTANCE


From 1st July 2009 Centrelink will recognise same-sex de facto couples. This means that a same-sex de facto couple will receive the same rate of social security and family assistance payments as an opposite-sex couple. (Previously a person who has a same-sex de facto partner was treated as a single person).  Reforms relating to social security and family assistance will also allow for the recognition of children of same-sex couples.

Most payments are assessed based on the income and assets of both members of a couple. If you receive a Centrelink payment or service, and are in a de facto same-sex relationship, your payment may be affected.

The Rainbow Families Council would like to remind everyone who is receiving a Centrelink payment as a sole parent or single person but who is actually in a same-sex de facto relationship that they must register that relationship with Centrelink. 
More information: see Centrelink website or call the dedicated line 13 62 80

A member of a same-sex couple is now eligible to receive child support from their partner if their relationship breaks down.

See:



2. MEDICARE SAFETY NET & SAME SEX COUPLES WITH CHILDREN


Effective from 1 January 2009, same-sex couples and their children can register as a family for Medicare safety net purposes. The definition of a family for Medicare Safety Net purposes is now: (1) A couple legally married and not separated, or a couple (including same-sex couples) in a de facto partnership with or without dependant children; or (2) A single person with dependant children. 
Note: A dependant child is a child under 16 years or a full time student under 25 years whom you support.

Read more about how to register on the Medicare website

More information

Almost Equal: A guide for community legal centre lawyers to the 2008 Commonwealth law reforms affecting same sex couples.downloads: 138 | type: pdf | size: 207 kB

Published by the LGBTI Network, this guide is written for community legal centre lawyers and provides an overview of changes to federal laws.

Please note disclaimer: The information in this publication should be used as a guide only and should not be relied upon as legal advice.
This publication will focus on federal laws as they apply across Australia, and provide information for lawyers at community legal centres to advise their clients about how these changes will affect them. Different state and territory governments will have different laws around recognising relationships and children, and you should check the relevant state or territory legislation. "

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