Compo loss for same-sex partners

A raft of gay and lesbian workers stand to lose compensation benefits for their partners following a High Court ruling last week, the human rights commissioner Graeme Innes warned.

The ruling upheld the option for select industries to dump state WorkCover schemes for the federal Comcare scheme including companies in telecommunications, freight and banking where competition includes government or ex-government bodies.

Same-sex couples will be specifically affected because while the state scheme covers benefits to the same-sex partner of the injured or deceased employee, the commonwealth scheme does not, Innes said.

With big companies like Optus saying they’ll save over $2 million per year from the switch, clearly those that can self-insure are going to take the opportunity to move across now, he said.

Innes was concerned that companies’ efforts to extend benefits to their gay and lesbian employees would be stifled.

I think more companies do want to be forward thinkers, but this won’t be the company’s decision -“ this will be determined by the scheme and the legislation establishing the scheme, he said.

An Optus spokesperson said the company would make an ex-gratia payment under similar arrangements for same-sex partners of deceased employees.

Rather than relying on each company to close the gap caused by discrimination in the scheme, Innes renewed his call for the government to change the Comcare scheme to include same-sex couples.

There’s no doubt that it’s discriminatory and I feel a breach of our international obligations, he said.

It’s become even more critical now, firstly that the number of people affected increase to a large extent and secondly they’re losing something they already had.

Innes’s inquiry into discrimination against people in same-sex relationships will be provided to the attorney-general in May and will include recommendations for changes to Comcare.

Shadow attorney-general Joe Ludwig said the commissioner’s comments show the need to overhaul Commonwealth laws to ensure that discrimination against same-sex couples is eliminated.

Employment minister Joe Hockey defended the Comcare scheme as generous and consistent.