Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Hansard source

I note the honourable member interjecting. He indicated in his speech, in fairness to him, that this legislation was long overdue, and I recognise that. But the trouble with the backdating issue is several-fold. Firstly, it has not been confirmed by the shadow Attorney-General. He said in an interview on Melbourne radio, ‘I am not in a position to give that commitment because no such decision has been made by the coalition.’ That is the first point. The second point is that backdating is itself going to cause an injustice because the nature of these payments is that they are usually by way of a fortnightly or monthly annuity—in other words, they provide the income to sustain the family, to pay the mortgage, to pay the grocery bills, and if a superannuant dies there will necessarily be a hiatus until the legislation is passed. The situation raises very complex issues with respect to recovery of funds. The law is that the trustees have an obligation to make payments in accordance with their existing legal obligations. If those obligations subsequently change with the introduction of the reforms, there will be very complicated issues indeed regarding the recovery of payments made currently, under present laws, by the trustees.

So for a range of reasons we would implore those opposite to have regard to the principles involved here and to really do what they can to expeditiously pass this legislation. It is long overdue. There are people who are unquestionably discriminated against and there is a real chance of injustice if the laws are not passed expeditiously.

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