Ron Boswell (Queensland, National Party) Share this | Hansard source

I too have some inquiries along the lines of Senator Bernardi’s. I followed this in the Senate estimates committee hearing, and I got what I thought was a reasonable assurance. But, after reading back what was said in that hearing, I do have some further questions for you, Senator Stephens. I understand the intent of this. Hell is paved with good intentions. Everyone tries to make the right decisions here, and obviously you are doing that. Let me read to you from the transcript of the Senate estimates committee hearing. One senator said:

My understanding is that, with a late-term termination, you could be eligible for both the baby bonus and paid parental leave.

Mr Warbuton answered:

That is not correct. You can only obtain one or the other.

It went on. The senator said:

Sorry, I know you cannot obtain both, but you could be eligible for one or the other if you had a late-term termination.

Mr Warburton said:

People who have stillborn children may be eligible for paid parental leave and they may be eligible for baby bonus, and they get to choose, as everyone can. They have a choice between those two payments, but that is for a stillbirth with certification as we have outlined.

The follow-up question was:

But a late-term termination can be considered to be a stillbirth by the doctor?

The answer was:

That would be up to the medical practitioner.

He did not say it would be illegal, that he should not do it or that he would lose his licence if he did do it. He said:

That would be up to the medical practitioner.

I find that not very convincing, Senator Stephens. I am not a doctor. What if a baby is stillborn but was aborted? Where does that leave paid parental leave? Yes, I know no-one should do it. People would be stupid to do it. No-one should do it. But these things do happen. We are playing with legislation here. We are not talking in estimates committee hearings. This will become legislation. Even some babies that are aborted actually come into this world alive. Where does that leave paid parental leave? I know this is not a very edifying discussion, but nevertheless it does take place. Babies are born and left to die in a dish. Are they stillborn? Are they eligible? Can you give us some assurances?