Brett Mason (Queensland, Liberal Party, Parliamentary Secretary to the Minister for Health and Ageing) Share this | Hansard source

I understand that the Australian Democrats have raised, in similar contexts, amendments to include same-sex partners in the definition of a spouse. Can I indicate to Senator Allison that the government will oppose these amendments. There are no plans to change current government policy at this time irrespective of the views of individual coalition senators. Same-sex couples cannot register as a family because Medicare is limited by the definition of ‘family’ in existing Australian government legislation. As Senator Allison did indicate, the relevant provisions are section 10AA of the Health Insurance Act 1973 and section 84B of the National Health Act 1953, which state that a family comprises a person’s spouse and/or dependent child, with ‘spouse’ being further defined as a person who is legally married to that person or de facto of that person. ‘De facto spouse’ is further clarified in section 4 of the National Health Act 1953, which defines the term as ‘a person living with another person of the opposite sex on a bona fide domestic basis although not legally married to that person’. It is this section that would need amending if same-sex families were recognised for Medicare and Pharmaceutical Benefits safety net purposes. There are no plans to change current government policy at this particular time, and the government will oppose this amendment.