Senate debates

Thursday, 16 October 2008

Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008

In Committee

4:37 pm

Photo of Nick XenophonNick Xenophon (SA, Independent) Share this | Hansard source

I thank Senator Brandis for his exposition of the coalition’s position. I think it was quite an honest exposition in terms of the concerns that have driven the coalition’s approach in relation to this. I put to Senator Brandis a couple of matters that were put to me by Senator Pratt in a document she provided to me just before question time. There is a concern with this particular amendment—and if Senator Brandis could clarify some of these concerns—that, firstly, there may be issues of legitimacy in relation to children of what is defined as ‘the other person in the relationship’; secondly, does it put at risk the existing rights of the many heterosexual de facto couples who conceive through artificial conception procedures; and, thirdly, is Senator Brandis aware of legislation in other states? Senator Pratt and I had a brief conversation about this—I hope she does not mind me referring to it. In her home state of Western Australia there were similar changes to the law, as I understand it, based on what was very similar to what is before us now in terms of the government’s amendments. To what extent is this breaking new ground in the context of what the government is proposing and also what the opposition is proposing? Are there precedents, if you like, in terms of the approach taken by the opposition to these amendments? If I can reiterate, I understand the coalition’s position in relation to this, but I think they are legitimate questions to ask in the context of this debate.

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