Jan McLucas (Queensland, Australian Labor Party, Shadow Minister for Aged Care, Disabilities and Carers) Share this | Hansard source

I would like to say thank you, but I do not know that that is particularly helpful. That is all about how you treat the assets in terms of the amendments that the minister moved. However, in the interests of dealing with this matter, I indicate to Senator Nettle and to the chamber that the Labor Party will not support this amendment at this point in time, but we absolutely agree with the intent of it. The act as it stands is unclear.

The minister has indicated that a person who is in a relationship of a homosexual nature is not treated as a couple. That has a whole range of other impacts when that person is assessed for entry into residential aged care in terms of their assets assessment. It has implications for how the person who remains in the family home will be treated if one member of the partnership enters residential aged care. If the person does not jointly own the home, there will be implications for how that home is treated as an asset.

Senator Nettle has raised some issues that need to be dealt with. Labor has indicated for some time that in government it will do a full audit of all legislation to ensure that discrimination against gay, lesbian and transgender people is removed. This is clearly one of those pieces of legislation for which action is required. I am disappointed in the minister’s response. I do not think that Senator Nettle’s amendment would have affected the Veterans’ Entitlements Act or the Social Security Act. However, I am not absolutely confident of that position. I hope that Senator Nettle understands the reasons why we cannot support her amendment at this time, but she has raised a very significant and important issue.

Question negatived.

Bill, as amended, agreed to.

Bill reported with amendments; report adopted.