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ARTICLE · 12 FEBRUARY 2009

Equal Rights For Same-Sex Couples In Superannuation

Cooper Grace Ward
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On 4 December 2008, the Same-Sex Relationship (Equal Treatment in Commonwealth Laws - Superannuation) Act was passed.

AustraliaEmployment and HR
Greg Cahill
Greg Cahill
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On 4 December 2008, the Same-Sex Relationship (Equal Treatment in Commonwealth Laws - Superannuation) Act was passed.

The Act amends legislation relating to superannuation so that same-sex couples can fall within the definition of spouse and changes the meaning of "child".

The definition of spouse has been amended to include:

  • another person with whom the person is in a relationship that is registered under a state or territory law;
  • another person who, although not legally married to the person, lives with the person on a genuine domestic basis in a relationship as a couple.

This makes it easier for same-sex spouses to qualify as dependents for the purposes of payment of death benefits (including as a pension), and for same-sex spouses to challenge a death benefit payment decision in the Superannuation Complaints Tribunal (for non-self managed super funds). For example, there is no specified minimum time period for a couple to become "spouses".

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