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

This may not be important to some members on the other side but I am sure it is important to the judges and the magistrates. The main object of the bill is to pass on the reductions in the top surcharge rate of 2003-04 and 2004-05 and to give judges an option to commute a portion of their pensions to pay for surcharge debts.

The Federal Magistrates (Disability and Death Benefits) Bill 2007 will provide federal magistrates and their dependants with improved financial protection in the event of serious disability or death. It is the government’s view that the public interest is served by ensuring that federal magistrates with disabilities which prevent them from performing their duties retire with adequate financial provision. Currently a federal magistrate whose performance is significantly impaired for medical reasons might nonetheless be unwilling to resign. This is particularly important where federal magistrates have tenure to age 70 and can be removed only on the grounds of proven misbehaviour or incapacity. If the performance of a federal magistrate is significantly impaired for medical reasons, it is desirable that a lack of adequate disability provision not be a barrier to the magistrate’s willingness to resign.

I want to briefly talk about the principal issue surrounding this bill, and that is the issue, of course, raised by Senator Murray and adverted to and raised in the speech by Senator Ludwig. The issue of same-sex entitlements is very emotive. Can I say that the emotion does to some greater or lesser extent cloud the otherwise strong adherence, particularly of Senator Murray, to matters of good government.

I want to say a few things about this from the perspective of what it will mean and the significance of a movement to the recognition of same-sex entitlements. The government is considering the issue of same-sex entitlements in relation to the Commonwealth defined benefits superannuation schemes generally. As stated by the Attorney-General recently in the context of the Federal Magistrates (Disability and Death Benefits) Bill, it is not appropriate to deal with judicial officers—and I would have thought the opposition would accept this—in isolation from other recipients of Commonwealth defined benefits such as returned servicemen, public servants and parliamentarians. In short, people, particularly the likely beneficiaries of broad amendments, will say: ‘What about us? It’s all very well to give the judges and magistrates same-sex entitlements; what about us?’ In terms of a case-by-case basis, this is something that we need to consider from the perspective of the Australian Defence Force, 55,000 service personnel plus about 20,000 or 30,000 civilian employees; diplomatic officers and officers generally; agencies; appointees; and, of course, parliamentarians.