From: Brendon Wickham Subject: Brother Sister - 21/5/95 To: QUEERPLANET@abacus.oxy.edu Date: Sat, 27 May 1995 20:18:18 +1000 (EST) BROTHER SISTER - QUEER NEWS FROM DOWNUNDER ============================================================= 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 leto@werple.mira.net.au. 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 ****************************************************************************** To send a message to the entire list "queerplanet", email queerplanet@abacus.oxy.edu This list is run by the program MAJORDOMO@abacus.oxy.edu. *******************************************************************************