Andrew Murray (WA, Australian Democrats) Share this | Hansard source

by leave—At the request of Senator Allison, I move amendments (1) and (2) on sheet 5280:

(1)    Schedule 1, page 3 (after line 17), after item 4, insert:

4A  Paragraph 10AA(7) (definition of spouse)

Repeal the definition, substitute:

spouse,in relation to a person, includes:

             (a)    a person who is legally married to, and is not living, on a permanent basis, separately and apart from, that person; and

             (b)    another person, who although not legally married to the person, lives with the person on a bona fide domestic basis as the husband or wife of the person; and

             (c)    a person in an interdependency relationship as defined in section 10AAA.

(2)    Schedule 1, page 3 (after line 17), after item 4, insert:

4B  After section 10AA

Insert:

10AAA  Interdependency relationship

        (1)    Two persons (whether or not related by family) have an interdependency relationship under this section if:

             (a)    they have a close personal relationship; and

             (b)    they live together; and

             (c)    one or each of them provides the other with financial support; and

             (d)    one or each of them provides the other with domestic support and personal care.

        (2)    In addition, 2 persons (whether or not related by family) also have an interdependency relationshipunder this section if:

             (a)    they have a close personal relationship; and

             (b)    they do not satisfy one or more of the requirements of an interdependency relationship mentioned in paragraphs (1)(b), (c) and (d); and

             (c)    the reason they do not satisfy those requirements is that either or both of them suffer from a physical, intellectual or psychiatric disability.

        (3)    The regulations may specify:

             (a)    matters that are, or are not, to be taken into account in determining under subsection (1) or (2) whether 2 persons have an interdependency relationshipunder this section; and

             (b)    circumstances in which 2 persons have, or do not have, an interdependency relationship under this section.

As the parliamentary secretary knows, this question was well motivated the other day on another bill and therefore I do not propose to motivate it further. The parliamentary secretary, and no doubt the Labor opposition, understands the arguments.