Senate debates
Monday, 3 November 2025
Bills
Fair Work Amendment (Baby Priya's) Bill 2025; Second Reading
10:33 am
Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Hansard source
I rise today to respectfully support this bill, the Fair Work Amendment (Baby Priya's) Bill 2025, and to honour the coalition's commitment to bipartisan support on matters of compassion and family welfare. The coalition gave bipartisan support to this bill, and, as I said, that support still remains. However, in relation to the guillotine that's just been put in place by the vote of this chamber, I'd like to make a couple of comments before I make a contribution on the bill.
Firstly, I understand that there will be amendments moved to this bill, and those matters are likely to go to matters of conscience. I'd just like to say that it is quite unusual for matters of conscience to be put under guillotine. I'd also say that the government has failed in its contribution on the guillotine to put the case as to why debate on this bill needs to be cut short. There is no reason why senators shouldn't be allowed the opportunity, as is their right in this place, to make a contribution, particularly on matters that they feel very strongly about. For that reason, we did not support the guillotine, but, as is the will of the chamber and the majority, we now see that it is under that guillotine.
As I said, I rise today to speak respectfully in support of the Fair Work Amendment (Baby Priya's) Bill 2025 because it reminds us that our duty as legislators goes way beyond just policy; it goes to understanding and compassion. It's about making sure that the law stands with people during their darkest times. In amending the Fair Work Act, we introduce a new consistent principle that employer funded paid parental leave must not be cancelled because a child is stillborn or passes away shortly after birth. It aligns with the Fair Work Act and with the government's paid parental leave scheme, and it ensures that, when families endure the unimaginable loss of a child, the law does not add burden to that tragedy. It guarantees that grieving parents are not forced to fight for recognition and respect or kindness in the workplace. Importantly, it ensures that women have time to heal, both physically and emotionally, after what would be the most devastating of losses. The bill honours Priya's memory, and I want to express my deepest sympathy to Priya's family for their unimaginable loss but also my gratitude for their courage in leading this change through their grief. Of course, that sympathy extends to all families in similar circumstances.
As the Minister for Families and Social Services, I was proud to lead the reforms that recognised the grief and dignity of parents who experience stillbirth or a child dying shortly after birth. In September 2020, the Morrison government committed $7.6 million to improve bereavement payments for families after suffering a stillbirth. We ensured that all eligible families who experienced stillbirth or an infant death received support payments, helping 900 families every year. We recognised, in 2020, that the loss of a child is truly devastating and that no amount of money could ever deal with the grief these families experience. Our reforms introduced a single stillborn payment rate, ending inconsistencies that treated first and subsequent losses differently. Our 2020 reforms were guided by a fundamental principle. By introducing a single-rate stillborn payment, we addressed inconsistencies in levels of support to better recognise all bereavements. Every child matters. Every loss is devastating. The law should never discriminate between first and subsequent tragedies.
Today's bill continues that work from 2020 by extending these same principles of equal recognition and dignity in the workplace. Where we ensured that the social security system treats all bereavements equally, this bill ensures the Fair Work system does the same. It is the natural and necessary next step in recognising that parents of stillborn babies deserve the same support and protection in their employment as any other parent.
I want to address some comments made by my colleagues in the other place during the debate on this bill. Some colleagues raised concerns about the wording of this bill in relation to late-term pregnancy terminations. I understand they spoke from conscience, and I respect that. However, I want to put on the record that I disagree with any suggestion that some women might somehow exploit their grief to access an entitlement that they don't deserve. Late-term pregnancy losses, whatever their circumstances, are rare and occur in the most tragic and extreme circumstances. They involve decisions made by women, their partners and their doctors in situations of profound difficulty. This bill is about recognising that any woman who endures the physical and psychological ordeal of losing a child late in pregnancy, at birth or soon after deserves the time to heal.
I want to acknowledge and thank Bears of Hope for their advocacy and support of this bill. Organisations like Bears of Hope provide essential support to families experiencing the loss of their baby. They help families navigate unimaginable grief while advocating for systemic change. Their work reminds us that behind every statistic is a family, a loss and a need for compassion.
This bill is not just about one case or one family. It ensures that, when Australians face grief, workplaces and laws reflect the best of our national character: fairness, respect and compassion. It reminds us as legislators that the true measure of a society is how we treat people in their moments of vulnerability. By passing this bill, we send a clear message: in Australia, no family grieves alone, and no parent should face indignity on top of that loss.
As the Minister for Families and Social Services, I heard stories of parents who, in addition to unbearable grief, faced bureaucratic obstacles, workplace discrimination and financial strain. These experiences reinforced my conviction that our social security and employment systems must be underpinned by compassion. This bill continues that work, ensuring our laws recognise the humanity of every family's loss. This bill enshrines compassion and dignity into our workplace and employment framework. It validates the experience of every parent who has lost a child. It clearly says: 'Your grief matters. Your loss is recognised. You deserve time to heal.' This reform reminds us all that compassion must be at the heart of every law we pass. I commend this bill to the Senate.
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