Case 45: Laws changed so that same sex couples not unfairly excluded from superannuation

The State Superannuation Act 1988 (Vic) was amended in 2001 so that people in same sex relationships could receive certain superannuation benefits if their partner died. But the changes only operated prospectively, and consequently discriminated against older people in same sex relationships. A woman in this circumstance approached the Public Interest Law Clearing House (PILCH; now Justice Connect) for help. Together they wrote to the Victorian Government using Charter arguments asking for the problem to be fixed. In response, the Government introduced changes to the legislation which passed Parliament and allowed same sex couples to access the superannuation benefits both retrospectively and prospectively.

Source: Public Interest Law Clearing House, Submission to the Review of the Victorian Charter, 2011