Andrew Murray (WA, Australian Democrats) Share this | Link to 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.

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

I simply say that the other day I articulated the argument for why the government is opposing similar amendments, and that argument stands.

Question negatived.

Bill agreed to.

Bill reported without amendment; report adopted.