David Johnston (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

That is right: the states have to reference the power, and you need to be married. Of course these are things that the Labor Party would make up as it goes along in an emotive, unconsidered, not thought through, half-baked, half-understood way. We have a whole host of legal principles that need to be considered if we are going to do the job properly. That is the fundamental issue. Of course these are things that, when you pander to sectional interests without actually considering good government, you end up making errors on. I should not have to stand here—and I am a bit embarrassed that I do—and mention these things to Senator Murray.

Superannuation is a fundamental ingredient of day-to-day life in Australia. The beneficiaries of that are the essence of what we need to explore on an agency-by-agency, employee-by-employee basis so that we get the actuarial mix correct so that we achieve an equitable assessment of how same-sex relationships are going to be resolved in a way that is transparent and fair across all agencies. All agencies are different, and that is the essence of a case-by-case consideration. Having said that, in conclusion, judges are entitled to receive the benefit of the lower maximum rates of surcharge, through this bill, which apply to other high-income earners in 2003-04 and 2004-05. Since other Commonwealth defined benefit schemes already offer their members a commutation opinion, this is simply to bring the judges’ scheme into line.

The Judges’ Pensions Amendment Bill will address judges’ concerns about the application of the surcharge. It will give the benefit of the lower maximum rates and the flexibility to make partial payments of their surcharge debts before they retire. The additional entitlements provided to federal magistrates under the Federal Magistrates Amendment (Disability and Death Benefits) Bill will assist in both ensuring the continued high calibre of appointees and ensuring that federal magistrates can focus on their important duties without being distracted by concerns over the adequacy of protection available to them and their dependants in the sad event of disability or death. I commend these bills to the Senate.

Bills read a second time.