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

The chamber is aware that the Democrats have an amendment before the chamber with respect to the Superannuation Legislation Amendment (Trustee Board and Other Measures) (Consequential Amendments) Bill 2008. As I stated in my speech in the second reading debate, the Democrats do not oppose this bill. In fact, we support it. We have no issues with the bill itself, as the amendments proposed within the bill are consequential to measures already enacted by the 2006 act. They were originally in this bill’s predecessor, the 2007 bill, which ended up not being debated in August 2007 and has been reintroduced.

We used this bill as an appropriate vehicle to bring forward the HREOC report’s proposed amendments on same-sex entitlements. Since then, the government have requested the Democrats withdraw our amendment to the bill so that rapid passage can be facilitated through this non-controversial legislation period process. On 30 April 2008, Attorney-General Robert McClelland said legislation to remove same-sex discrimination from a wide range of Commonwealth laws—100 acts have been mentioned—would be introduced in the winter sittings. He further said:

The changes will provide for equality of treatment under a wide range of Commonwealth laws between same-sex and opposite-sex de facto couples. Importantly, the reforms will also ensure children are not disadvantaged because of the structure of their family ...

He said that areas where discrimination would be removed included tax, superannuation, social security, health, aged care, veterans entitlements, workers compensation, employment entitlements and other areas of Commonwealth administration. He said that most reforms would commence soon after the legislation was passed. In some areas, such as social security, tax and veterans affairs, the reforms would be phased in to allow time for couples to adjust their finances, and for administrative arrangements to be implemented. All of the changes were expected to be implemented by mid-2009.

When I asked the government about this amendment, they confirmed that they intend to introduce a bill into parliament during the 2008 winter sitting. It has apparently been given priority status. I am told the bill will introduce the first stage of amendments to laws that currently discriminate on the basis of sexuality and provide for differential treatment to same-sex couples and their children compared to opposite-sex couples and their children—namely, provide for the equalisation of differential treatment.

I and the Democrats have been formally assured that it is the government’s intention to have this bill passed by 1 July 2008—obviously, subject to the Senate assisting that process. Not all same-sex entitlement changes will commence on 1 July 2008, and I and the Democrats accept that. Some areas such as social security, tax and veterans affairs may, in some cases, have a negative effect on same-sex couples. For example, many who will be treated the same as heterosexual couples will lose some benefits through Centrelink, and changes in their tax arrangements may apply. This being the case, individuals affected by that need lead time to plan for the change in their circumstances.

I and the Democrats accept that it is important that the Superannuation Legislation Amendment (Trustee Board and Other Measures)(Consequential Amendments) Bill 2008 be passed and become law by 1 July 2008 to allow for new scheme compliance, which is required for 1 July 2008. I say in passing that Democrat senators have worked long and hard on this same-sex equity issue. The debate, and hopefully passage, during the last two weeks of the June sitting of the proposed same-sex bill will be a moment to savour with respect to our long campaign. I conclude by saying that, in the light of the assurances we have received from the government, the Democrats withdraw our amendment as circulated and thank the government for their assurances.

Bill agreed to.

Bill reported without amendment; report adopted.