Superannuation

In 2004, the Howard Government passed the Superannuation Legislation Amendment (Choice of Superannuation Funds) Act, which extended the definition of dependant in a number of laws dealing with superannuation. The inclusion of the term "interdependency relationship" means that same-sex de facto relationships may now fall within the definition of dependent in these pieces of legislation. However, the legislation did not amend the laws that cover the superannuation of government and public sector employees, as well as military personnel. As a result some lesbians and gay men, and their children, may be excluded from superannuation entitlements, as these laws still do not recognise them as dependants.

The definition of dependant must be expanded to recognise same-sex relationships under the Superannuation Act 1976, the Superannuation Act 1990, and the Military Superannuation and Benefits Act 1991.This will ensure that the superannuation of all lesbians and gay men, which is covered under commonwealth law, is treated the same as that of heterosexuals.