Subject: Brother Sister - 21/5/95
From: Brendon Wickham <[email-masked]>
To: [email-masked]
Date: Sat, 27 May 1995 20:18:18 +1000 (EST)

BROTHER SISTER - QUEER NEWS FROM DOWNUNDER

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FEDERAL INQUIRY INTO LAW

*Federal Justice Minister Duncan Kerr today announced the 
largest  ever Federally-funded inquiry into discrimination 
against  lesbians and gay men*

But provisions still fall within boundaries community leaders  
established before the announcement as "inadequate".

The $50,000 inquiry will be held under the auspices of the 
new  community-run Human Rights and Discrimination Law Centre  
whose foundation was also announced today.

The announcements came as part of Kerr's long-awaited Justice  
Statement, which was launched this morning in Brisbane. The  
Justice Statement is the Government's official response to 
the  Access to Justice Report, which was released by the 
Access to  Justice Committee in May 1994. Nowhere in that 
report were  lesbians or gay men mentioned.

Sources within the Justice Department say the inquiry into  
lesbian and gay discrimination, which will receive $50,000  
special additional funding in the first year of the Law 
Centre,  will address but not be limited to areas of finance 
and property.

The announcement comes just three days after the Commonwealth  
Administrative Appeals Tribunal ruled a gay man had no right 
to  spousal  benefits from his deceased lover's 
superannuation fund.

In handing down the decision, Justice Jane Matthews added her  
voice to the call for reform when she said it gave the 
Tribunal "no  joy" to rule against a couple who "conformed to 
the requirements  of (the regulations) in all respects except 
for their gender".

The Justice Department will decide the location of the Law  
Centre by inviting expressions of interest from minority or  
marginalised community groups in major cities around 
Australia.  The Statement reads "submissions will be sought 
from  community groups interested in providing a service".

Sources within the Department clarified this by saying "the 
idea  is that the Government will set this thing up, and then 
hand it  over to community groups and say 'you run it'".

One Departmental source said: "I would imagine the city with 
the  biggest gay community would have a fairly good chance."

In addition to gay men and lesbians the Law Centre will 
address  the needs of the aged, people with mental and 
physical  disabilities and members of ethnic or religious 
minorities.

Author of the Australian Council for Lesbian and Gay Rights, 
the  National Network of Lesbian and Gay Anti-Violence 
Projects and  the Gay and Lesbian Legal Rights Service 
combined response to  the Access to Justice Report, Paul Van 
Reyk, spoke before the  announcement on possible outcomes.

He said the gay and lesbian community should not simply be  
piggy-backed on top of other groups and called for a separate  
Lesbian and Gay Legal Centre as well as a national inquiry 
into  homosexual discrimination.

However, he said "for a project like that you'd be talking 
12-18  months and need a million dollars".

The Justice Department has announced that the full brief of 
the  Law Centre will be to advise as well as undertake 
clients, collect  information on various forms of 
discrimination, make available  United Nations and other 
human rights publications, assist  individuals and groups to 
make claims, provide community legal  education, and to 
provide additional training and resources in the  field of 
discrimination to lawyers and other members of the  
community.

Funding for the Law Centre, after an undisclosed capital 
outlay,  will be $200,000 a 
year.                                               

SSO

 GAY MAN LOSES SUPER FIGHT

*A gay man has lost his claim for death benefits under his 
partners  superannuation fund.*

The Commonwealth Administrative Appeals Tribunal today 
decided  that gay partners cannot be treated as heterosexual 
de facto  spouses in superannuation.

Greg Brown and his partner Robert Corva lived together as a 
couple  for 10 years until Mr Corvas death from AIDS related  
complications in 1993.

Brown lodged a claim under his partner's superannuation fund, 
the  Commonwealth Superannuation Scheme, for a death benefit  
claiming he was Corva's de facto spouse.

The Commonwealth Superannuation Scheme define a de facto  
spouse as someone living with another person as his/her 
husband  or wife on a permanent and bona fide domestic basis.

Superannuation Trustees have traditionally taken the view 
that a  gay partner cannot be considered a de facto spouse. 
The  Commonwealth Administrative Appeals Tribunal decision 
confirms  this practice.

"Thousands of gay men and lesbians have been denied benefit 
under  superannuation scheme because of the failure of the 
law to  recognise gay relationships" said Mr Brown's 
Solicitor John Berrill  from Maurice Blackburn & Co.

"This decision is another example of why the Federal 
Government  must introduce legislation to outlaw 
discrimination against  homosexuals."

Recent decisions of the Commonwealth and State Industrial  
Relations Commission have extended family leave provisions to  
include same sex partners.

Many of the States have also included protection of 
homosexuals in  anti-discrimination legislation.

However, the Federal Labor Government has so far failed to 
act  despite their attack on the Tasmanian Government for its 
anti-gay  criminal laws.

Berrill says a complaint has been lodged with the Human 
Rights  Commission alleging disability discrimination.

BASHER SENTENCED TO LIFE

*Guilty of murder was the verdict handed down by a Supreme 
Court  Jury to a Brisbane man, last week, despite his claims 
the action was  an act of self defence against unwanted 
homosexual advances.*

James Carlton Craggs, 21, was sentenced to life imprisonment 
for  bashing Michael Dearin Feeney, 59, to death with a 
statue on the  night of March 17, 1994 at Feeny's suburban 
home in Ennoggera. Police were told by Craggs that he had 
bashed Feeney because  Feeney had tried to sexually assault 
him, the jury heard.

"I am a heterosexual myself, so I was in a bit of a mental 
shock."  Craggs said.

Crown prosecutor Geoff Hunter said the circumstances 
surrounding  the night of the incident were "redolent of 
homosexuality" and  contradicted the version of events given 
to the police by Craggs.

Craggs told police he met the deceased on the day of the 
incident at  Roma St Transit Centre and accepted an 
invitation to Feeney's home  where the pair watched 
pornographic videos and drank.

Craggs said that it was only when Feeney started to stroke 
his legs  that he became aware of the homosexual nature of 
Feeney's  invitation.

A witness for the prosecution Christopher Clark, a 27 year-
old  pensioner of Toowong in Brisbane, identified Craggs as 
the person  who had propositioned him at about 6pm in the 
Roma St Transit  Centre toilets for bus fare which would be 
repaid by Craggs in the  form of sexual services.

Clark also identified two magazines, including a Black Label  
Penthouse, as belonging to Craggs which the prosecution 
maintain  that Craggs placed under Feeney's bed to support 
his version of  
events.                                                         
Sarah Shaw

 FIVE YEAR REPRIEVE CALL FOR FAIRFIELD

*The Victorian AIDS Council is expected to call on the 
Austin- Repatriation  Hospital to fully retain HIV services 
on the Fairfield  campus for at least the  next five years 
should the anticipated hospital  merger proceed.*

This recommended position for the AIDS Council on the future 
of  Fairfield  Hospital will be put to a public meeting 
tonight by the  Executive.

The future of Fairfield moved back into the firing line 
earlier this  month  with the adoption of the Proust report 
by State Health Minister  Marie Tehan.

It means that Melbourne's 35 public hospital boards will be 
sacked on  July 1  and replaced with as few as seven 
management boards with a  mandate for  closures, drastic cuts 
and redistribution of services.

In other recommendations the AIDS Council Executive wants:

% assurances from Austin management that during the next five 
years  there  is no winding down of HIV services, and that 
buildings and  infrastructure be  maintained and where 
necessary enhanced,

% hospital staff and HIV community groups to be involved in  
consultations  with management on the long term future of 
Fairfield, and

% the new Board of Governance of the North East network to 
set up an HIV   Care Committee comprised of representatives 
of HIV community groups as   soon as possible.

AIDS Council president Bradley Engelmann said epidemiology 
studies   indicated that the next five years would be the 
peak period for people   needing treatment in Victoria.

Last year Fairfield Hospital saw a 32 per cent increase in 
outpatients,  while  the Alfred Hospital experienced a 10 per 
cent increase. This is  expected to  plateau during 1996 
until 1998.

"Now is the worst possible time to dismantle the hospital," 
Engelmann  said.  "It makes no sense to dismantle the best 
culture of care at the  point when  it's most needed."

Engelmann said the less desirable alternative to retaining 
Fairfield  would be  the upgrading of HIV services at the 
Alfred Hospital.

"People with HIV want stability of care and even though the 
Alfred is in  the  middle of the epidemic people choose to go 
past it and go to  Fairfield because  they get superior care.

"The Proust report sets up a competitive environment for 
hospitals, so  over  the next five years the Alfred could 
improve its services and  attract clients,"  he said.

The public meeting is being held tonight, Thursday 18 May at 
7.30pm in  the  Recreation Hall at Fairfield Hospital.

============================================================ 
BOTTOM LINE

 Up to 5000 people walked through the streets of Melbourne on 
Saturday  night commemorating the City's eleventh AIDS 
Candlelight Vigil.

Keynote speaker at the City Square was the City's chief 
executive officer, Elizabeth Proust who issued a proclamation 
urging all citizens to be aware of AIDS and take measures 
necessary to prevent the spread of HIV. 

Having Proust speak at the Vigil is considered by many 
observers as  something of a coup. She is about to take up a 
high ranking position advising State Premier Jeff Kennett.

Her proclamation also committed the City of Melbourne to not 
discriminate against employees, prospective employees, or 
users of services on the grounds of AIDS/HIV.

It also applauded the commitment shown by volunteers, members 
of  affected communities, health care providers, public 
health officials and  community-based organisations in caring 
for those affected by HIV and  AIDS, and called on all 
citizens to provide support for those so affected.

The Vigil ended at the Exhibition Building for the unfolding 
of the full  Australian Quilt.

***

Brother Sister is a fortnightly newspaper published in  
Melbourne, VIC and Brisbane, QLD, Australia. I have selected  
the main news stories as well as items of interest. If you  
have any contributions, comments or questions, please e-me at  
[email-masked]. 

NB: If you are representing overseas media and wish to  
utilise any or all of the above material, please credit  
Brother Sister as your source (and by-line if it is listed). 

Thank You.

Brendon Wickham 

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