Consideration of Senate Message: 27 Nov 2008: House debates (OpenAustralia.org)

House debates

Thursday, 27 November 2008

Same-Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) Bill 2008

Consideration of Senate Message

Bill returned from the Senate with amendments.

Ordered that the amendments be considered immediately.

Senate’s amendments—

(1) Clause 2, page 2 (table item 3), omit the table item.

(2) Clause 2, page 3 (table item 17), omit the table item.

(3) Clause 2, pages 3 and 4 (table item 18), omit the table item.

(4) Clause 2, page 4 (table item 19), omit the table item.

(5) Clause 2, page 4 (table item 20), omit the table item.

(6) Clause 2, page 4 (table item 21), omit the table item.

(7) Schedule 2, Part 1, page 8 (line 3) to page 9 (line 36), omit the Part.

(8) Schedule 2, item 4, page 10 (lines 23 to 30), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of paragraph (a) of the definition of near relative in this subsection, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(9) Schedule 2, item 9, page 12 (lines 2 to 8), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(10) Schedule 2, item 11, page 12 (lines 19 to 25), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(11) Schedule 2, item 34, page 15 (lines 7 to 13), omit the definition of child, substitute:

(12) Schedule 2, item 36, page 15 (line 20) to page 16 (line 9), omit the definition of parent, substitute:

parent: without limiting who is a parent of a person for the purposes of this Act, someone (the adult) is the parent of a person if:

(a) the adult is legally entitled to, and has, custody of the person; or

(b) the adult is legally responsible for the day-to-day care, welfare and development of the person and has the person in his or her care.

(13) Schedule 2, item 41, page 17 (lines 19 to 25), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this section, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(14) Schedule 2, item 43, page 18 (lines 5 to 11), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(15) Schedule 2, item 61, page 21 (lines 24 to 30), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(16) Schedule 2, item 67, page 22 (line 27) to page 23 (line 2), omit the definition of child, substitute:

(17) Schedule 2, item 73, page 23 (lines 24 to 30), omit the definition of child, substitute:

(18) Schedule 2, item 76, page 24 (lines 25 to 31), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(19) Schedule 2, item 85, page 27 (line 31) to page 28 (line 2), omit the definition of parent, substitute:

parent: without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975.

(20) Schedule 3, item 2, page 30 (lines 23 to 28), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(21) Schedule 3, item 6, page 31 (lines 9 to 15), omit the definition of child, substitute:

(22) Schedule 3, item 12, page 32 (lines 17 to 24), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of Part 2A and this Schedule, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(23) Schedule 4, item 1, page 35 (lines 5 and 6), omit the item.

(24) Schedule 4, item 2, page 35 (lines 13 to 15), omit subparagraph (a)(ii) of the definition of child, substitute:

(ii) a child of the person within the meaning of the Family Law Act 1975; and

(25) Schedule 4, item 2, page 35 (line 19), omit the note.

(26) Schedule 4, item 9, page 36 (lines 12 to 17), omit the item.

(27) Schedule 4, item 47, page 41 (lines 14 to 20), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of subsection (3), someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(28) Schedule 4, item 51, page 42 (lines 22 to 29), omit the definition of parent, substitute:

(29) Schedule 5, item 2, page 44 (lines 11 to 17), omit the definition of child, substitute:

(30) Schedule 5, item 9, page 45 (line 31) to page 46 (line 4), omit subclause (3) of Schedule 1, substitute:

(3) For the purposes of paragraph (2)(b), one person is the child of another person because of this subclause if he or she is a child of the other person within the meaning of the Family Law Act 1975.

(31) Schedule 5, item 11, page 46 (lines 15 to 21), omit the definition of child, substitute:

(32) Schedule 5, item 27, page 49 (lines 17 to 23), omit the definition of child, substitute:

(33) Schedule 5, item 40, page 52 (lines 10 to 16), omit the definition of child, substitute:

(34) Schedule 6, item 1, page 53 (lines 9 to 15), omit the definition of child, substitute:

(35) Schedule 6, item 7, page 54 (lines 24 to 30), omit the definition of child, substitute:

(36) Schedule 6, items 13 to 16, page 56 (lines 12 to 28), omit the items.

(37) Schedule 6, item 18, page 57 (lines 8 to 13), omit subsection 23(6), substitute:

(6) If a child (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975, the person and the other person are taken to be the child’s only parents for the purposes of paragraph (c) of the definition of qualifying period in subsection (5).

(38) Schedule 6, item 35, page 59 (lines 24 to 30), omit the definition of child, substitute:

(39) Schedule 6, item 45, page 61 (lines 10 to 19), omit the item.

(40) Schedule 6, item 68, page 64 (line 30) to page 65 (line 2), omit subsection 993(3), substitute:

(3) If a young person (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975, the person and the other person are taken to be the young person’s only parents for the purposes of this section.

(41) Schedule 6, item 70, page 65 (lines 7 to 11), omit subsection 994(2), substitute:

(2) If a young person (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975, the person and the other person are taken to be the young person’s only parents for the purposes of this section.

(42) Schedule 6, item 71, page 65 (lines 14 to 18), omit subsection 995(3), substitute:

(43) Schedule 6, item 73, page 65 (lines 25 to 30), omit subsection 1061PL(8), substitute:

(8) If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person’s only parents for the purposes of subsections (3), (4), (5), (6) and (7).

(44) Schedule 6, item 85, page 67 (lines 3 to 8), omit subsection 1067A(13), substitute:

(13) If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person’s only parents for the purposes of subsections (5), (6), (7), (8), (9) and (11).

(45) Schedule 6, item 88, page 67 (lines 16 to 20), omit subsection 1067B(2), substitute:

(2) If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person’s only parents for the purposes of paragraph (1)(b).

(46) Schedule 6, item 101, page 69 (lines 10 to 14), omit subsection 1067D(4), substitute:

(4) If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person’s only parents for the purposes of paragraph (1)(b).

(47) Schedule 6, items 104 to 106, page 69 (line 20) to page 70 (line 4), omit the items.

(48) Schedule 6, item 110, page 70 (lines 14 to 18), omit subsection 1067J(2), substitute:

(49) Schedule 6, item 118, page 71 (lines 8 to 13), omit the item.

(50) Schedule 6, item 125, page 72 (lines 5 to 11), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(51) Schedule 6, item 127, page 72 (lines 23 to 29), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the beneficiary within the meaning of the Family Law Act 1975.”.

(52) Schedule 7, item 1, page 73 (lines 7 to 12), omit all the words from and including “who is the product” to and including “relationship.”, substitute “of the person within the meaning of the Family Law Act 1975.”.

(53) Schedule 7, item 9, page 74 (lines 22 to 28), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Part, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(54) Schedule 7, items 49 and 50, page 83 (lines 12 to 18), omit the items.

(55) Schedule 7, item 52, page 83 (line 23) to page 84 (line 21), omit the item.

(56) Schedule 7, heading to Part 2, page 85 (line 2), omit the heading, substitute:

Part 2—Superannuation amendments

(57) Schedule 7, page 85 (after line 6), after item 53, insert:

53A At the end of section 51

Add:

(7) The reference in paragraph (6)(a) to the birth of a child of the person includes a reference to the birth of a child who is a child of the person within the meaning of the Family Law Act 1975.

(58) Schedule 7, page 85 (after line 9), after item 54, insert:

54A At the end of section 51A

Add:

(8) The reference in subparagraph (1)(b)(i) to the birth of a child of a person includes a reference to the birth of a child who is a child of the person within the meaning of the Family Law Act 1975.

(59) Schedule 7, item 55, page 85 (line 13), omit “(whether Part 2, 3 or 4)”.

(60) Schedule 7, Part 3, page 86 (lines 2 to 21), omit the Part.

(61) Schedule 7, Part 4, page 87 (line 2) to page 88 (line 7), omit the Part.

(62) Schedule 8, item 7, page 90 (lines 23 to 30), omit the definition of child, substitute:

child: without limiting who is a child of an individual for the purposes of this Act, someone is the child of an individual if he or she is a child of the individual within the meaning of the Family Law Act 1975.

(63) Schedule 8, item 14, page 92 (lines 12 to 18), omit the definition of child, substitute:

(64) Schedule 9, item 4, page 94 (lines 9 to 15), omit the item.

(65) Schedule 9, item 6, page 94 (line 20) to page 95 (line 9), omit the item.

(66) Schedule 9, item 8, page 95 (lines 20 to 22), omit paragraph (b) of the definition of child, substitute:

(b) someone who is a child of the person within the meaning of the Family Law Act 1975.

(67) Schedule 9, item 8, page 95 (lines 23 to 25), omit the note.

(68) Schedule 9, item 14, page 96 (lines 16 to 21), omit the definition of parent (including the note), substitute:

parent: without limiting who is a parent of a child for the purposes of this Part, a person is the parent of a child if the child is a child of the person within the meaning of the Family Law Act 1975.

(69) Schedule 9, item 18, page 97 (lines 8 to 14), omit the item.

(70) Schedule 9, item 19, page 97 (lines 23 to 25), omit paragraph (c) of the definition of parent, substitute:

(71) Schedule 9, item 19, page 97 (lines 26 to 28), omit the note.

(72) Schedule 9, item 21, page 98 (lines 8 to 10), omit paragraph 84(3B)(c), substitute:

(73) Schedule 9, item 21, page 98 (lines 11 and 12), omit the note.

(74) Schedule 9, items 23 and 24, page 98 (lines 15 to 34), omit the items.

(75) Schedule 9, item 26, page 99 (lines 2 to 23), omit the item.

(76) Schedule 9, item 30, page 101 (lines 12 to 14), omit paragraph (c) of the definition of child, substitute:

(77) Schedule 9, item 30, page 101 (lines 18 to 21), omit all the words from and including “For the purposes” to and including “relationship.”.

(78) Schedule 9, items 36 and 37, page 102 (lines 18 to 32), omit the items.

(79) Schedule 10, item 1, page 104 (lines 9 to 15), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(80) Schedule 10, item 7, page 105 (lines 7 to 18), omit section 8, substitute:

8 Children born as a result of artificial conception procedures or surrogacy arrangements

(1) This section applies if a child is:

(a) a child of a person under section 60H or 60HB of the Family Law Act 1975; and

(b) either:

(i) a child of the person’s spouse or de facto partner under that section; or

(ii) a biological child of the person’s spouse or de facto partner.

(2) The child is taken for the purposes of this Act:

(a) to be the child of the person and the spouse or de facto partner; and

(b) not to be the child of anyone else.

(81) Schedule 10, page 107 (before line 5), before item 13, insert:

12A Subsection 5(1)

Insert:

adoption has the same meaning as in the regulations.

(82) Schedule 10, item 20, page 108 (lines 9 to 18), omit subsection 5CA(1), substitute:

(1) Without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person:

(a) someone who is a child of the person within the meaning of the Family Law Act 1975 (other than someone who is an adopted child of the person within the meaning of that Act);

(b) someone who is an adopted child of the person within the meaning of this Act.

(83) Schedule 10, item 79, page 120 (lines 6 to 13), omit the definition of parent, substitute:

(84) Schedule 11, item 3, page 122 (lines 7 to 13), omit the definition of child, substitute:

(85) Schedule 11, item 8, page 124 (lines 7 to 13), omit the definition of child, substitute:

(86) Schedule 11, page 125 (after line 21), after item 13, insert:

13A Paragraph 15(d)

After “spouse” (wherever occurring), insert “, de facto partner”.

(87) Schedule 11, Part 3, page 125 (after line 35), at the end of the Part, add:

14A Paragraph 38(d)

After “spouse” (wherever occurring), insert “, de facto partner”.

(88) Schedule 11, item 16, page 126 (lines 8 to 15), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of Part 3 and this Schedule, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(89) Schedule 11, item 23, page 129 (lines 4 to 10), omit the definition of child, substitute:

(90) Schedule 12, item 4, page 133 (lines 16 to 22), omit the definition of child, substitute:

(91) Schedule 13, item 1, page 135 (lines 20 to 26), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of subsection (10), someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(92) Schedule 13, item 3, page 136 (lines 3 to 9), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the individual within the meaning of the Family Law Act 1975.”.

(93) Schedule 14, item 91, page 152 (lines 9 to 15), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the individual within the meaning of the Family Law Act 1975.”.

(94) Schedule 14, item 98, page 154 (lines 8 to 14), omit the definition of child, substitute:

(95) Schedule 14, item 110, page 157 (lines 6 to 12), omit the definition of child, substitute:

(96) Schedule 14, item 113, page 158 (lines 16 to 22), omit the definition of child, substitute:

(97) Schedule 14, item 125, page 160 (lines 15 to 21), omit the definition of child, substitute:

child: without limiting who is a child of a person f

9:26 am

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

I move:

That the amendments to be agreed to.

Senate amendments (1) to (109) amend schedules 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Bill 2008. The amendments also amend clause 2 of the bill, which provides the commencement dates of the schedule to the bill. These amendments were proposed by the government in the Senate. A number of these amendments implement recommendations of the Senate Standing Committee on Legal and Constitutional Affairs in relation to the bill, and I would like to commend the work of that committee in respect of this matter. These amendments will make a number of changes to those schedules of the bill, including amending references in the bill to ‘the product of a relationship’ definition of child to instead refer to ‘a child of a person’ within the meaning of the Family Law Act 1975 and removing amendments relating to the concepts of ‘legal responsibility’ and ‘custody, care and control’. The amendments also remove the amendment inserting a definition of ‘de facto partner’ into the Acts Interpretation Act 1901 as the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Bill 2008 will now insert this definition into the Acts Interpretation Act.

The passage of this legislation—which I assume will take place, given the opposition has indicated its consent—will complete the process of removing discrimination from a wide variety of Commonwealth laws identified by an extensive audit of those laws as a result of considerable work by the department and the Senate committee to which I have referred. I would also like to acknowledge the tremendous work undertaken by the Attorney-General’s Department and senators and members of the House who have made a constructive contribution to the debate. At the end of the day, I think it is quite a significant event for this parliament to confirm that at long last we have removed discrimination against same-sex couples from Commonwealth laws.

Question agreed to.

(Quorum formed)

House debates

Thursday, 27 November 2008

What are House debates?

Same-Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) Bill 2008

Consideration of Senate Message