LESBIAN AND GAY SOLIDARITY
N E W S L E T T E R
Formerly:
Gay Solidarity Group(GSG), Est. 1978. Email: josken_at_josken_net
LGS HOME PAGES: http://www.josken.net ISSN 1446-4896
ISSUE 1, 2009 NUMBER 68 JULY 2008 – DECEMBER 2009
This issue is dedicated to all those
activists who worked so hard to achieve equality for the gay, lesbian,
transgender and HIV/AIDS communities by overcoming the homophobia and
reactionary right-wing religious bigotry of the Australian Federal Parliament –la lucha continua –the Struggle Continues.
WHY NO LGS NEWSLETTER SINCE JUNE 2008?
When the Rudd Government announced in May 2008 its
intention to eliminate discrimination against same-sex couples and children of same-sex
relationships in a wide range of federal laws, we realised as did many others
we were in for a bumpy ride on a very uneven road.
Between July and December 2008, we were kept busy with
submissions to public inquiries by the Senate’s Standing Committee on Legal and
Constitutional Affairs into amendments to the Federal Family Law,
Superannuation, and the Evidence Acts all of which would be affected by the
elimination of discrimination against same-sex couples in a general reform bill
amending 84 Commonwealth laws. The latter Bill had also been referred to the
Senate Standing Committee by the House of Representatives for a Parliamentary
Inquiry.
THE CAMPAIGN
In December 2008 the Same-Sex Relationships (Equal
Treatment in Commonwealth Laws –General Law Reform) Act 2008 became law by equating
same-sex relationships with de facto heterosexual relationships. De facto
status provides privileges but same-sex couples, unlike married couples, have
to prove their relationship to be genuine. The Rudd Government still refused to
eliminate the discriminatory clause (between a man and a woman and no other) in
the Marriage Act to permit same-sex marriages in
It was obvious that those in same-sex relationships on
Age pensions, Disability and Unemployment benefits were about to suffer outing
and reduced income. So into the fray went LGS along with Friends of Dorothy and
a broad lobbying organisation of 30+ groups some sporting individual campaign
leaflets like S.O.A.P. (stop outing aged pensioners), and One Person-One
Pension. Ministers on the receiving end of the barrage of letters and leaflets
included Families, Community Services, Human Services, Ageing, Health, Social
Inclusion, Housing and Home Affairs as well as the Attorney-General and the
Treasurer. The media were also targeted
including The Age, the SMH, The Senior, Fifty~Plus, LOTL, SSO, MCV, SX,
Southern Star and the eevolution publications etc., together with the world
wide web.
THE ATTACK
The government agency, CENTRELINK, was going to assess
same-sex couples as de facto relationships. To do so, it would force them out
of the closet with the big stick of the ‘shortest possible’ deadline and reassess
their pension to the lower interdependent couple rate. Where a partner is still
working, the other may lose his or her pension or concession card entirely once
the partner’s income and assets are taken into account by Centrelink. Unlike
the understanding that exists between elderly heterosexual (especially married)
couples, mutual or total financial dependence of one gay (or lesbian) partner
on the other was not part of the original living together deal.
The government tradition of treating same-sex couples
differently from hets also had to be attacked. The Rudd Government steadfastly
refused to include a ‘grandfather’ clause in the legislation to minimise harsh
financial consequences for those already in the Centrelink system or to allow a
longer implementation time for the changes to take effect. The government refused
to accept that most of these 70, 80 and even 90 year olds had been forced to
live their lives in a closet due to these discriminatory laws and the hate
engendered by religious fanaticism.
Here then are some of the campaign highlights which we
think ought to receive wider readership than simply by the spin-doctors and
ministerial side-kicks in parliamentary offices.
Dear Minister,
The members of this group have had time to
consider some of the consequences of the recent change of legislative status, to
take effect on
The government has gone to some length to inform us that, with this legislation, it has removed same-sex discrimination from a wide range of Commonwealth laws. That may well be so on paper but as far as pensions are concerned the Rudd government has just added its own new brand of discrimination against us.
Every significant change to social security laws passed in the last 15 years has included a ‘grandfather’ clause to minimise harsh consequences for those already in the system (Adele Horin, SMH 6.12.08). Why wasn’t there a grandfather in this legislative change, for lesbians and gays? It looks as though it may well have been intentional to let us know that our relationships aren’t really in the same class as hetero marriages.
However, there is still time to give us a grandfather clause allowing those already in the system to be exempted. We think it could be done by one of those convenient regulations that don’t always have to be approved by parliament. I think you’ll find that Ministers in the previous Howard government used the regulatory system in a raft of anti-terror laws to cover some controversial sections.
The next best status to a marriage is de facto because there is no binding official recognition like a Marriage Certificate so the government equates a same-sex relationship to de facto provided we tell them we are in a marriage-like relationship or Centrelink decides to use its guidelines to determine two people living in the same house are in a marriage-like relationship and therefore a same-sex couple. We had a badge back in the 70s which we wore with pride which said: ‘How dare you assume I’m heterosexual!’ Now we need to change it to ‘How dare you assume that mine is a marriage-like relationship!’ Your government joined the previous government to amend the Marriage Act as a union between a man and a woman to the exclusion of all others. So, really it’s discriminatory to call a same-sex relationship ‘marriage-like’ because the government has refused to give us the equivalent status of a regulatory licence, and it has said so, because it would look like a marriage. It’s not just discriminatory it’s hypocritical to expect us to accept the inappropriate interdependency lower couple rate of pension.
You can get over the whole problem by
simply dispensing with the outdated 19th century couple rate and
instead pay the single adult rate to each individual of a couple. It would save
a heap of money by doing away with Centrelink’s intrusive and costly
investigations into people’s lives. What an unexpected gift from this
government to all those different-sex couples, too. It should be a strong
recommendation by Dr Jeff Harmer (Secretary, FaHCSIA) to the Review Panel
chaired by the Secretary to Treasury, Dr Ken Henry, of the Inquiry into
Sincerely, Kendall Lovett for Lesbian &
Gay Solidarity (
AN OPEN LETTER
Sent by Mannie De Saxe to the Health Minister Nicola
Roxon with copies to the PM and gay community newspapers and dated
I have received a
letter dated 24 December from Julianne Quaine of the Department of Health and
Ageing in which she states that you have asked her to reply on your behalf to
the email of
I notice that you
did not reply to the email I sent to you personally about the appointment of
the homophobic Barry Williams as one of your ‘ambassadors.’
As an 82-year-old
gay man, I would not consider for one moment consulting with, or having
anything to do with, a group of people which contained those who actually wish
to see people like me eliminated from the face of the earth.
It is incumbent on
you as the Minister for Health and Ageing to consider the characters of people
appointed to positions in which they would be dealing with a diverse group of
men whose sexuality is a sensitive issue, and has been for most of their lives.
Dealing with a
government which is basically homophobic and constrained by religious
principles in its responses to people of different sexualities does not inspire
confidence in a Minister who persists in retaining her appointment of a known
hater of homosexual men.
Ms Quaine’s letter
states: “More men’s health ambassadors will be appointed from a range of
professions, in order to have a cross-section of the population capable of
representing a wide range of men.”
Strange,
therefore, is it not, that you have not appointed any gay men or any men who
are knowledgeable about HIV/AIDS. Strange too, that you have remained silent
about the complaints from the gay community about your appointments. The Prime
Minister has also declined to respond to these complaints and has instead
referred the letter to him to you for your response.
The words gay and
HIV/AIDS do not appear anywhere in that response. The rest of the letter is
just political fudging in the classical “Yes Minister” mode.
It is time you
dismissed Barry Williams as one of your men’s health ambassadors, for that he
is certainly not. Signed: Mannie De Saxe,
Lesbian & Gay Solidarity (
IMPACT OF THE CHANGES ON THE
OLDER GENERATION
With help from Dr Jo Harrison of the University of
South Australia, we were able to team up with a broad coalition of social
welfare agencies and community health organisations calling on the Federal
Government to give older same-sex couples extra time and resources to adjust to
new legislation affecting their Centrelink payments as well as independent other
groups campaigning on issues relating to the Same-Sex Relationships Equal Treatment
legislation. Here’s a campaign letter addressed to the group of politicians
associated with the federal legislation, from one of those groups. The subject
is quoted as ‘Same-sex relationships and grandfather clause’ and dated
COALITION OF
ACTIVIST LESBIANS—AUSTRALIA (COAL) is a national community based Non-Government
Organisation. We advocate on behalf of lesbians in
We are thankful
that the government has legislated to bring about equality for lesbians and
gays, however there are some who will suffer from the changes such as those on
income support/social security payments eg aged pension and disability/carer
payments. COAL members are currently meeting regularly to discuss the impact of
the changes on individual lesbians. We have serious concerns.
We believe that
legislation, policy and programs must promote substantive justice, and
therefore should reflect the reality that the playing field is not level. Equal
actions do not achieve equal results. Outcomes should always be considered. In
every major Social Security reform for the past 15 years grandfathering clauses
have been included. We do not understand why this has not occurred here.
Lesbians
experience our social position and financial security as being strongly
influenced by both gender and sexual orientation. Generally women earn less,
have few years in the paid work force, little superannuation and have spent
years caring for children and others in need. The new legislation will create
hardship to a great many lesbians who have planned their living, financial,
social and retirement arrangements – including mortgages – on the basis of two
financially independent beings. The changes have come too suddenly for people
to plan or rearrange their long-term finances and housing. COAL has case
studies available.
COAL urges the Federal
Government to use regulatory measures to create a grandfather clause to
guarantee that lesbians and gay men already receiving income support do not
lose their existing entitlements thereby jeopardising their current living
arrangements.
COAL further urges
the Federal Government to fund an independent advocate to assist lesbians who
will be significantly affected by the new legislation. Law reform is a part of
the picture but we also need resources to protect those that have already lived
a vulnerable life. COAL requests a meeting with the Prime Minister, as a matter
of urgency, to discuss these issues.
Sincerely, Sandra Hall and Wendy Suiter, on behalf of
COAL-Australia.
ANOTHER OPEN LETTER this time
to the Prime Minister
The following letter, written by Noel Tovey, appeared
in ACT Gay on the 14th of January 09 and is reproduced here in full.
Dear Prime
Minister,
I write to you as
an elder Indigenous man about a matter of grave concern to me.
Our old people
suffered great hardship and trauma in the past and you moved to apologise for
this and acknowledge that pain. You demonstrated a deep understanding of the
significance of respecting elders, acknowledging mistreatment and minimising
harm. We will always treasure your respectful treatment of our elders on that
day of apology, and in years to come.
I am an Indigenous
artist and writer and am myself 75 years of age. As an older indigenous man who
is also gay, I am deeply concerned at the suffering of gay elderly people, who,
like me, have experienced severe trauma in the past due to the ignorance of
those around us. I was taken away from my family in 1940. In 1951, while living
on the streets of
I have grave
concerns about the ‘same sex equal treatment’ reforms and the way in which
these may compound the suffering of elderly gay people, including Indigenous
people. Elderly gay people are from a generation that preceded civil rights and
they were subjected to shock treatment, lobotomy and other horrors. They hid
from view and remain mostly hidden today. Nevertheless, they are elders of our
gay community who deserve protection.
I implore you to protect
these elderly people from the harm of being forced to reveal their identities,
even in confidence, to officers from Centrelink. For this generation, there is
no safe confidential context in which to ‘come out.’ The thought of having to
do so now is causing them extreme anxiety and consequent physical harm.
Please give your
urgent consideration to enacting grandfathering arrangements in relation to age
pensioners to protect gay elders from harm. I am mindful that had my own life
story not become a fortunate one, I would more than likely be a hidden gay age
pensioner myself today. I know you to be a man of compassion and I appeal to
your sense of justice, which was so visible to a proud nation on the day of the
apology.
I would be very
happy to talk with you further about this serious matter. Yours Sincerely, Noel Tovey.
MEDIA RELEASE,
Written by Concerned Older Lesbians, distributed by
the Coalition of Activist Lesbians-Australia.
THE CASE FOR ‘GRANDFATHERING’ THE AGE PENSION FOR LESBIAN
AND GAY COUPLES AND THOSE OVER 55 ON DISABILITY SUPPORT PENSIONS.
Many benefits will result from the Commonwealth
Government’s formal recognition of the legitimacy of same-sex couples. However
particular problems will be experienced by lesbian and gay couples receiving
the age pension. The problems have not been addressed by many of those asking
for instant ‘equality.’
Cuts in income for same-sex couple age pensioners prove
problematic when most have had no capacities to officially share certain past
couple advantages in income, taxation, health insurance, superannuation and
other aspects of financial planning and melding of incomes. There are two more
aspects that muddy the equality arguments: one is the continued prejudice and
discrimination against lesbians and gay men; the other is the particular
problems of gender, ie the financial disadvantage of older women re pay and
care, and the foisting of financial independence on same-sex couples who have
had no experience of the model of breadwinner and dependent spouse.
The changes to the age pension that raised the
qualifying age for women from 60 to 65 were introduced gradually over a period
of 20 years. The wife pension, which enabled younger women married to
pensioners to also qualify for a pension, was abolished in 1995 but recipients
of the time were protected. Changes to the widow pension and other entitlements
were also ‘Grandfathered.’
As part of the process of change, the Government should
therefore introduce ‘Grandfathering’ for all lesbian and gay age pensioner
couples and those over 55 receiving Disability Support Pension and unlikely to
rejoin the workforce. This would avoid the distress and stress caused by:
+A loss of up to $92.60 per fortnight per person on
full pension ($185.20 couple).
+The stress of possibly being assessed by Centrelink as
a ‘marriage-like’ couple rather than two people in a loving relationship who
still considered themselves financially independent.
+The problems of losing eligibility for all income
support because of being emotionally/socially partnered with another person
with higher income.
+The danger of being ‘outed’ through a Centrelink
investigation which threatens arrangements where family and local
circumstances, as well as personal morality, have allowed two people to see
themselves as close friends but not a couple.
+The possibility of mistakes being made where genuinely
friendship based home sharing is classified as coupled by Centrelink.
We ask for an exemption (grandfathering) to be offered
to lesbian and gay Age Pensioner couples and those over 55 on Disability
Support Pensions.
Contacts: Diana Goldrick 0414587699, Dorothy
McRae-McMahon 0420550900 Jack Draper, COAL 4285 6747.
SEND A MINI CAKE OF SOAP TO
THE PM with a S.O.A.P. leaflet!!!
This was a campaign started in the eastern states
targeting Prime Minister Kevin Rudd. The text of the leaflet was as follows:-
S.O.A.P. Stop Outing Aged
Pensioners.
It is an outrage that
you continue to discriminate against same-sex couples re Centrelink.
Your same-sex “equal
treatment” laws are a big problem!
You knew
that for us to gain rights some would suffer losses. You kept very quiet about
this! You didn’t listen to the less
vocal. You didn’t ask those to be disadvantaged and the aged
and disabled pensioners.
Older Australians will suffer
poverty, homelessness, relationship splits,
ill-health, and further disadvantage because your government wants to look good
by providing “equality”-Equality without
fairness. A hollow promise indeed!
Find a way of protecting
same-sex age pensioners and over 55s on disability pensions or carers
allowance.
There must have
been hundreds of envelopes with a piece of soap and a leaflet sent to the PM as
well as postcards with the same message but minus the soap cakes.
REMEMBER THOSE TOOTH BRUSHES & HAND TOWELS
advertisements?
From around the 30th
March 2009, Centrelink ran a series of these advertisements in gay and lesbian
community papers and in the main daily newspapers in all States supposedly
explaining to its existing age, disability and carer clients in same-sex relationships that they would
be assessed in the same way as opposite-sex couples and that they were required
to declare the relationship by the 1st July. The federal
attorney-general had been busy telling us in replies to our letters that the
government had given same-sex couples 15 months to adjust to the equality
status of de facto. Fifteen months? This fabulous change in our status didn’t
become law until December 2008 and here were the first official public
announcements to its clients that they were being forced to come out and suffer
loss of income ONLY 3 MONTHS BEFORE THE DEADLINE! Of course Centrelink didn’t
call it ‘coming out,’ its advertisements
called it ‘to ensure you receive the correct payment.’ To declare your relationship or find out what the changes mean for you
contact 136280 or visit a Centrelink Service Centre, and the advertisements
said it in the smallest possible orange-coloured type, a size and colour anyone
with poor eyesight or the elderly would have found very difficult to see let
alone read. And who needs to get in a telephone queue or a queue-line at a
Centrelink office?
As a letter in The
Sunday Age, 29.3.09, concluded “…the humiliating experience dealing with
Centrelink. Even the design of Centrelink offices, where everyone in the long
queues can hear about your personal life, only seems to shame the unemployed.” And for
that matter elderly pensioners and the disabled forced ‘to come out.’
Imagine the
situation of 70, 80, 90-year-old age and /or disability pensioners possibly
closeted for a lifetime, standing in such a queue and having to disclose the
most intimate detail of their lives –their loving relationship with another
human being of the same sex. Is there no end to the humiliations to be heaped
upon some of the most vulnerable people in the country?
LGS ISSUES A MEDIA RELEASE to
counter the Feds Couples are Couples campaign!
There are certain matters which need to be addressed by
the Federal Government’s same-sex legislation in relation to Centrelink’s new
guidelines:
1)
Same-sex
relationships have no automatic legal recognition such as the Marriage Act confers,
which means continued discrimination, homophobia and other abuses by employers,
religious institutions, private education colleges, child care and a host of
other non-government organisations in the current ongoing pattern.
2)
The
Attorney-General has persisted in stating, ad nauseam, in his replies that the
gay, lesbian, transgender and HIV/AIDS (GLTH) communities have had 15 months to
adjust to the new changes and grandfather clauses are not warranted because
grandfathering would undermine the purpose of the government’s reforms. This
patently is not the case.
3)
There
has been the very minimum of publicity provided by this government in the
media, gay and straight, of these legislative changes which for an Australian
federal government are major considering that it has never recognised same-sex
relationships until in 2004 when the Howard government supported by the Labor
opposition amended the Marriage Act to contain the words ‘between a man and a
woman and no other’ for fear of the religious minority being outsmarted by gays
and lesbians obtaining marriage equality
with the perfectly reasonable wording in the existing Act. The government
therefore needs a continuous strong advertising campaign to explain its meaning
of ‘de facto’ as it now applies to the broad Australian community. So far it
has failed miserably.
4)
From 30th March to 1st July 2009 is three months not fifteen,
and even now (29th March) Centrelink’s quarterly magazine (Autumn
edition), News for Seniors, still
hasn’t arrived in the post with information about the same-sex changes for
existing age pensioners, disability and veterans customers.
5)
It is
ludicrous that pensioner couples whatever the genders of the partners still
have to receive the interdependent rate and not the single rate each. This is
the 21st century when most households need two incomes to survive in
the modern world. What would it cost the government to treat all couples as
individual pensioners on the single rate? Nil, if it was prepared to withdraw
the tax-free status to religious institutions and their organisations. It is
after all the most iniquitous deal ever forced upon a modern society especially
when
6)
To
refuse a grandfather clause to same-sex couples already in the pension system
merely perpetuates discrimination. Past laws forced same-sex couples into the closet
and particularly those now in their 70s, 80s, and 90s to hide their
relationships. Do you really think equating our relationships with heterosexual
de facto will suddenly get rid of religious bigotry?
7)
Most
same-sex pensioners stand to lose up to at least $100 each a fortnight and
those who pay rent at current rents demanded by landlords for very inferior
accommodation, will certainly become the new poor well below the breadline. Is
this what the government is aiming for?
8)
The
proposed changes have been mishandled from the start. Consultations with the
GLTH communities have been limited, and many voices have gone unheard. For
instance, LGS was never consulted about the de facto status despite the
countless submissions it has made since the beginning of the 21st
century to the federal government Senate inquiries on issues of security,
health, human rights and other bills. These Senate committees of inquiry have
always had members of the two major political parties sitting on them. So,
regardless of the party in power, members of this government would surely have
been aware of us. No one could accuse us of not being blatant on the streets of
9)
Of
course there are so many other important issues for our governments to address
and correct but equality with heterosexuals for lesbians and gay men is really
such an unfair thing which could be fixed with the stroke of a pen, and would
hurt no one, if Australian governments weren’t so frightened of howling
religious bigots, to take the step by allowing marriage to include same-sex
partners. The marriage licence is nothing more than a means for the government
to provide benefits to and demand responsibilities from two people who want to
live together in a loving relationship.
10)
Finally,
it’s worth noting that so many of us are swelling the retired population or are
more aware of what can affect future retirement finances, and will continue
doing so, and, yes, we still have the ability to exercise our vote. A federal
election is due in 2010, and we will vote.
DISCRIMINATION IS AN ONGOING
ISSUE IN EVERY DEMOCRACY
A documentary shown at the 19th
Charlene Strong’s
challenging journey, resulting in the passage of
The For My Wife documentary bears out our
contention that removing discrimination from 84 laws by equating our
relationships with the heterosexual second class de facto status without giving
us marriage rights means we have to prove our relationship to the satisfaction
of any old tom, dick or harry, business or organisation including sporting
bodies --that won’t be easy.
PROGRESS HAS BEEN MADE
But equality really is a long way off.
There have been gains with the same-sex relationship legislation enacted by the
Federal Government in December 2008, but there have also been some significant
losses. Activism will need to continue until we have equality which will see
the end of sexual apartheid in
NEWS BRIEFS ON OTHER
SIGNIFICANT ISSUES:-
IN
INDIGENOUS SOCIAL AFFAIRS
COMMISSIONER: the Rudd
Government has decided to appoint former ATSIC chief executive Mick Gooda
commissioner. Regardless of Gooda’s abilities, the appointment of another man
to the position is a Government backhander to Aboriginal women and sadly, a
predictable affirmation of the status quo. This appointment was an opportunity
to recognise the strength and talent that exists among Aboriginal women. It was
time to affirm the leadership qualities they play in their communities –Age
16.12.09.
SPAIDS 35: The 35th
tree planting at the Sydney Park AIDS Memorial Groves on
LET THE REFUGEES IN!
A NEW ‘COALITION OF
THE WILLING’ has stitched up the poorest countries: George Monbiot says
that when the climate talks in Copenhagen ended in failure, the immediate
reason can be summarised in two words: Barack Obama. The man elected to put
aside childish things proved to be as susceptible to immediate self-interest as
any other politician. Just as George Bush did in the approach to the
TRANSVESTITE ELECTED
TO OFFICE IN
We wish all our newsletter
recipients a happy new year
ONE PERSON-ONE PENSION
MARRIEDS AND SINGLES
ONE PERSON ONE PENSION
SAME-SEX
AND DE FACTO
SAME-SEX RELATIONSHIPS
EQUAL
MARRIAGE RIGHTS
3-IN-5 AUSTRALIANS AGREE
GALAXY POLL IN JUNE 2009
NB.RUDD Govt/Centrelink
ONE PERSON-ONE PENSION
EQUAL
MARRIAGE
RIGHTS
We still
have to prove we
are couples in a
SAME-SEX RELATIONSHIP!
How fair is that when the solution was
easy?
MARRIAGE or a choice: de facto!
Centrelink could have protected its
pensioners
in a same-sex relationship simply
by phasing-in
‘coming out’ like the increase from 65 to 67
over eight years to enable financial
planning for
a friendly straight old age. 8
months for same-
sex couples is outrageous. The Rudd govern-
ment has treated same-sex pensioners as cash
cows. Back in May 2008, federal budget
books
revealed big savings were tipped from
social
security once gay partners became de
facto,
$66m according to The Age,
It’s time for the
interdependency status in
pensions to be dropped. Treat marrieds,
de factos
and same-sex partners the same
as singles and save huge
investigation costs.
NOW GIVE
SAME-SEX PARTNERS CHOICE!
MARRIAGE OR DE FACTO
LIKE
THIS FEDERAL GOVERNMENT GIVES
ITS OPPOSITE-SEX CITIZENS’ PARTNERS.
Correct the one
major discrimination area
against same-sex relationships,
MARRIAGE!
3-in-5 AUSTRALIANS
agree -Galaxy poll ’09
CURRENT NEWSLETTER AND ARCHIVE OF PREVIOUS NEWSLETTERS
CURRENT NEWSLETTER AND ARCHIVE OF PREVIOUS NEWSLETTERS
MannieBlog (from 1 August 2003 to 31 December 2005)
ACTIVIST KICKS BACKS - AKB (from December 2005 onwards)
RED JOS BLOGSPOT (from January 2009 onwards)
CURRENT NEWSLETTER AND ARCHIVE OF PREVIOUS NEWSLETTERS
Mannie has a personal web site: RED JOS: HUMAN RIGHTS ACTIVISM
Mannie's blogs may be accessed by clicking on to the following links:
MannieBlog (from 1 August 2003 to 31 December 2005)
Activist Kicks Backs - Blognow archive re-housed - 2005-2009
RED JOS BLOGSPOT (from January 2009 onwards)
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