"Entitled to equality"

This letter was sent to Australian Democrats Senator, Lyn Allison, on 10.10.07

Senator Lyn Allison
Senator for Victoria
62 Wellington Pde
East Melbourne VIC 3002
C/o Tim Wright

re: Entitled to Equality report and registered relationships

Dear Senator Allison,

Thank you for convening the inquiry into same-sex couple entitlements
and for the resulting report “Entitled to Equality”.

The report will make an important contribution to the long-overdue recognition of same-sex de facto couples in federal law.

Because of the importance of the report we would like to put on the record our concern about the report’s recommendation that a state registered relationship constitute a rebuttable presumption that a de facto relationship exists.

As you know from our submission to the inquiry, our preference is for state registered relationships to be given full and equal recognition in federal law.

Not only does the report’s recommendation fall short of our position. It also falls short of the position adopted by the ALP. We note that in a recent Senate debate on same-sex entitlements in judge’s pensions, the Shadow Attorney-General put forward a gender-neutral definition of de facto relationship which allows a state Deed of Relationship to be conclusive proof of the existence of a de facto relationship.

We assume that the inquiry’s recommendation regarding rebuttable presumption is based on evidence provided by the Human Rights Commissioner, Graeme Innes. He told the inquiry,

“We recognise the value of relationship registers. In fact, we include relationship registers as one of several possible criteria to consider in determining the existence of a de facto relationship. None of those criteria are conclusive on their own….One of the problems we heard about relationship registers is that people forget to deregister after a relationship breaks down….Relationships take many forms and can’t be defined by any one set of criteria, and the common law also has its own principles…And judges should retain some discretion in terms of the determination of relationships.”

We have written to Commissioner Innes outlining our concerns about his view that registered relationships which “break down” are not revoked. We believe this view is incorrect and that it misconstrues the nature of a registered relationship.

In this letter we have noted that in state law a Deed of Relationship makes the existence of a legally entitled relationship an indisputable fact. It sets a bad precedent, and is inconsistent, unfair and demeaning that the same Deed should be contestable in federal law.

We have enclosed a copy of our letter to Commissioner Innes for your reference.

Again, thank you for your dedication to equality for partners in same-sex relationships and we look forward to working with you on this issue in the future.

Yours Sincerely,
Rodney Croome
Wayne Morgan.
Rodney Croome
Campaign Co-ordinator
Tasmanian Gay and Lesbian Rights Group
0409 010 668

Wayne Morgan
Senior Law Lecturer
Australian National University
0411 134 899