Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

I foreshadow that the government will be moving amendments to this bill shortly. We will be seeking to amend the parenting presumption in the Family Law Act to allow children of same-sex relationships to be recognised as a ‘child of the relationship’ under the act.

We thank the Senate Standing Committee on Legal and Constitutional Affairs and the Human Rights and Equal Opportunity Commission for its Same sex: same entitlements report. Both the legal and constitutional affairs committee and HREOC, in that report, provided insightful assistance to the committee. They also provided assistance to the government in looking at this area. It allowed us to move quickly on the Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008, which is now in committee.

The second tranche of amendments will allow couples to opt in to the new regime where they have separated before commencement but have not resolved their property issues. The third area will address an issue raised by the Family Court, which is to allow for ‘use or occupancy’ orders that are regularly made for married couples. Finally, the Senate committee recommended that the government accept a range of largely technical amendments proposed by the family law section of the Law Council.