Andrew Southcott (Boothby, Liberal Party) Share this | Hansard source

Although there is no requirement to do so, before speaking on the Federal Magistrates Amendment (Disability and Death Benefits) Bill 2006, I disclose that my father-in-law is a federal magistrate. The bill amends the Federal Magistrates Act 1999 to provide statutory disability and death cover for federal magistrates. Currently, under the Federal Magistrates Act there are no specific entitlements which cover retirement on the grounds of disability or in the event of death. As a consequence of the changes to the Constitution after the referendum of 1977, federal magistrates hold office until age 70 unless they resign, die in office or are removed by the parliament on the ground of proven misbehaviour or incapacity before this age. One of the issues is that, in the absence of adequate protection in the event of serious disability, a federal magistrate whose performance is significantly impaired for medical reasons may be unwilling to resign. This bill fills a gap in the disability cover for federal magistrates.

This bill has gone to a Senate committee, and in its report of 2 May 2006 the committee recommended that the age limit specified in the bill limiting eligibility for disability cover and death benefits be raised from 65 to 70 years. The proposed amendments to the bill raise the age limit for payment of a disability pension to 70 years and therefore give effect to this recommendation, in part.

This is a good bill. I note that it is supported by the opposition. It removes the incentive for a magistrate to stay on in office when they are faced with serious ill health. These amendments provide federal magistrates with cover in addition to that which was proposed in the original bill when retiring on disability grounds. With those brief remarks I commend the bill to the House.

See this speech in context