Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Hansard source

I want to put on record the government’s view. Senator Fielding has raised the issue of abortion and Senator Joyce has replied. But let us look at this calmly and logically before we get carried away with a de facto debate on abortion. It is not a matter of my providing you with an assurance; it is the current law. It has been the law since about 2002 that we do not fund abortions in this way. I think it was originally covered under the maternity payment and then under the baby bonus when a change in name was introduced in 2005. What we have here is the application of the Howard government legislation covering this issue. It is not a question of an assurance from me; it is about what this parliament has legislated. The payment can only currently be made in the case of stillbirth. There has to be an actual delivery of a stillborn child to qualify. There has been legislation and regulations for the various forms of payment—maternity payment, baby bonus and now parental leave. This legislation does not change the conditions around the payment of the bonus for abortions or stillbirths. The current regime applies to the new payment. There is no change going on here. That has been the legislative framework for a number of years as enacted by the Howard government and continued by this government. So let us get that straight. It is not about this minister providing an assurance; it is about the law that this parliament has passed, which has been in place for some time.

There was a change made in 2009. Senator Boswell and I discussed this at length at estimates when he sought assurances about these things—and I think I have done that two or three times at estimates in recent years. Concerns were raised about the form on which the doctor or midwife certifies that a stillborn child was delivered. The concern was raised with the government and more generally. Changes were made to the claim form in 2009 to make it clear that the payment would only be made in cases of a stillbirth where there was an actual delivery of a stillborn child. The misunderstanding and lack of clarity in the form was addressed in 2009 and the form was changed. But the form was changed to better reflect the law, not to change policy. The law is clear. The baby bonus and parental leave payments can only be paid when there is a delivery of a stillborn child as certified by the relevant medical practitioner. Those are the rules and the guidance we adopted years ago. They have applied to the payments under various names that have been paid to parents in relation to the birth of a child—maternity leave, the baby bonus and parental leave. So there is no change. It is not a matter of assurance; it is about the current law. The law remains the same under these proposals.

These amendments are unnecessary and they do not improve the legislation. The legislation is now clear. The problem with the form was fixed at the time to meet the concerns that had been raised, but the legislation is clear. The law provides that the baby bonus and parental leave payments can only be paid when there is a delivery of a stillborn child. The medical practitioner has to certify that and, as Senator Joyce correctly pointed out, to do otherwise is to breach the law, to commit a criminal offence. It is an offence under the law for a medical practitioner to certify falsely, just as they are bound by a whole range of other laws in how they carry out their practice. That legal protection is there and it has been passed by us. There is no change today. We are merely applying the same legal framework that was applied to the baby bonus with the name change that occurred under the Howard government. That framework will continue to apply now.

Senator Fielding, I do not think the concerns you have raised are justified. Senator Joyce is concerned that there is an attempt to use this debate as a vehicle for debating abortion. People can behave as they wish, but let us be very clear about it: there is no change to the law and the laws are very clear on this. This is the same framework that applies to the baby bonus and applied to the maternity leave prior to that. This government took action in 2009 to clear up concerns about the form and make it absolutely clear how the law is to apply. That is the current law and there is no change to those arrangements in this legislation.