Footnotes

Chapter 1 - Introduction

[1]        Parliament of the Commonwealth of Australia, Journals of the Senate, No. 16, 18 June 2008, pp 509-510.

 

Chapter 2 - Overview of the Bill

[1]        Human Rights and Equal Opportunities Commission, Same-Sex: Same Entitlements: National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits, May 2007, Appendix 1.

[2]        United Nations, International Covenant on Civil and Political Rights, Article 26 (Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966)

[3]        Human Rights and Equal Opportunities Commission, Same-Sex: Same Entitlements: National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits, May 2007, p. 376. The other international treaties which might be affected by discriminatory legislation are the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Discrimination (Employment and Occupation) Convention (ILO 111).

[4]        United Nations, Convention on the Rights of the Child, Article 3(1)-(2) (Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989)

[5]        Human Rights and Equal Opportunities Commission, Same-Sex: Same Entitlements: National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits, May 2007, p. 382.

[6]        The Hon. Robert McClelland MP, Attorney-General, 'Rudd Government moves on same-sex discrimination', 30 April 2008.

[7]        Senator the Hon. John Faulkner, Special Minister for State, Senate Hansard, 16 June 2008, pp 2225 & 2224.

[8]        Explanatory Memorandum, p. 5.

[9]        Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard, Canberra, 23 September 2008, p. 42.

[10]      Human Rights and Equal Opportunities Commission, Same-Sex: Same Entitlements: National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits, May 2007, p. 374.

[11]      This example is a proposed addition to subsection 4(1) of the Parliamentary Contributory Act 1948.

[12]      Proposed subsection 20(2) of the Retirement Savings Accounts Act 1997; proposed addition to section 4 of the Small Superannuation Accounts Act 1995; proposed subsection 54(3) of the Superannuation (Government Co-contribution for Low Income Earners) Act 2003; proposed addition to subsection 10(1) of the Superannuation Industry (Supervision) Act 1993

[13]      Proposed paragraphs 295-485A(2)(a) and 302-195A(2)(a)of the Income Tax (Transitional Provisions) Act 1997

[14]      Explanatory Memorandum, p. 6.

[15]      Proposed addition to subsection 4B(1) of the Parliamentary Contributory Superannuation Act 1948. Also, see proposed addition to subsection 3(1) of the Superannuation Act 1976; and proposed addition to subsection 4(1) of the Judges' Pensions Act 1968

[16]      Explanatory Memorandum, p. 6.

[17]      For example, addition to subsection 4B(2) of the Parliamentary Contributory Superannuation Act 1948

[18]      Proposed subsection 19AA(5) of the Parliamentary Contributory Superannuation Act 1948

[19]      Proposed addition to subsection 4(1) of the Judges' Pensions Act 1968. Another variation is the importation of alternate statutory definitions: see proposed paragraphs 295-485A(2)(b) and 302-195A(2)(b) of the Income Tax (Transitional Provisions) Act 1997; and proposed section 4 of the Small Superannuation Accounts Act 1995

[20]      Explanatory Memorandum, p. 6.

[21]      This example is proposed addition to subparagraph 4B(4)(c)(iii) of the Parliamentary Contributory Superannuation Act 1948.

[22]      Explanatory Memorandum, p. 7.

[23]      Proposed subparagraph 9E(7)(c)(iii) of the Federal Magistrates Act 1999; proposed addition to subsection 4AA(2) of the Judges' Pensions Act 1968

[24]      Proposed addition to subsection 4(7) of the Parliamentary Contributory Superannuation Scheme 1948. The only Acts which do not include this provision are the Small Superannuation Accounts Act 1995; the Superannuation (Government Co-contribution for Low Income Earners) Act 2003; and the Income Tax (Transitional Provisions) Act 1997.

[25]      Explanatory Memorandum, p. 6.

[26]      Proposed paragraph 4B(4)(ba) of the Parliamentary Contributory Superannuation Act 1948

[27]      Senator the Hon. John Faulkner, Special Minister for State, Senate Hansard, 16 June 2008, p. 2224. Also, see Attorney-General's Department, Submission 38, p. 4.

 

Chapter 3 - Same-sex discrimination

[1]        Human Rights and Equal Opportunities Commission, Same-Sex: Same Entitlements: National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits, May 2007, p. 285.

[2]        The Commonwealth superannuation (defined benefit) scheme available to persons joining the public service after 1 July 2005 provides for same-sex couples and their children.

[3]        Comsuper Action Committee, Submission 25, pp 1-2. Also, see NSW Council for Civil Liberties, Submission 20, p. 2; and Ms Marita Linkson, Superannuated Commonwealth Officers' Association, Committee Hansard, Canberra, 7 August 2008, p. 1.

[4]        Reverend Elenie Poulos, Uniting Justice Australia, Committee Hansard, Sydney, 5 August 2008, p. 21. Also, see Ms Rosemary Budavari, Law Council of Australia, Committee Hansard, Sydney, 5 August 2008, p. 31; Ms Lisa Newman, CPSU, Committee Hansard, Sydney, 5 August 2008, p. 36; Dr John Challis, Superannuated Commonwealth Officers' Association, Committee Hansard, Canberra, 7 August 2008, p. 2; and Ms Patricia McCahey, Submission m263, p. 1.

[5]        The Yogyakarta Principles, Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity, March 2006, Principle 13(a).

[6]        Uniting Justice Australia, Submission 6, pp 2- 3.

[7]        Human Rights Council of Australia, Submission 21, pp 1-2.

[8]        HREOC, 'Same-Sex: Same Entitlements: National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits', May 2007, p. 383.

[9]        Mr Graeme Innes AM, HREOC, Committee Hansard, Melbourne, 6 August 2008, p. 25; and HREOC, Submission 34, pp 6-8.

[10]      For example, HREOC, Submission 34, p. 5 & p. 7. HREOC noted that some Commonwealth superannuation legislation continues to discriminate on the basis of marital status: see HREOC, Submission 34, p. 8. Also, see Associate Professor Miranda Stewart, Committee Hansard, Melbourne, 6 August 2008, p. 1 and Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard, Canberra, 7 August 2008, p. 24.

[11]      Mr Ross Clare, Association of Superannuation Funds of Australia, Committee Hansard, Sydney, 5 August 2008, p. 22.

[12]      Attorney-General's Department, Submission 38, p. 3. Also, see Ms Emily Gray, NSW Gay and Lesbian Rights Lobby, Committee Hansard, Sydney, 5 August 2008, p. 2.

[13]      HREOC, Submission 34, pp 6-7. Also, see Explanatory Memorandum, p. 6, pp 12-13, p. 18, and pp 23-24.

[14]      Associate Professor Miranda Stewart, Submission 37, p. 3.

[15]      For example, the Catholic Archdiocese of Adelaide, Submission 26, p. 5; FamilyVoice Australia, Submission 3, pp 2-3 & p. 7; and Australian Institute for Family Counselling, Submission 17, p. 1. There were also a few specific objections to the inclusion of same-sex relationships within the definition of 'couple relationship' alongside marital and opposite-sex de facto relationships: see for example, FamilyVoice Australia, Submission 3, p. 3 and Fatherhood Foundation, Submission 39, p. 1.

[16]      United Nations, Universal Declaration of Human Rights, Article 16(3) (Adopted and proclaimed by General Assembly Resolution 217 A (III) of 10 December 1948). Also, see Lutheran Church of Australia-Commission on Social and Bioethical Questions, Submission 5, p. 2.

[17]      Mr Jim Wallace and Mr Lyle Shelton, Australian Christian Lobby, Committee Hansard, Canberra, 7 August 2008, p. 7. Also, see Australian Christian Lobby, Submission 11, p. 5.

[18]      Professor Patrick Parkinson, Submission 14, p. 4.

[19]      Submission f4. Also, see Australian Family Association (SA), Submission 12, p. 2.

[20]      Submission f1. Also, see Ms Emily Gray, NSW Gay and Lesbian Rights Lobby, Committee Hansard, Sydney, 5 August 2008, p. 2.

[21]      Uniting Justice Australia, Submission 6, p. 4. Also, see Reverend Elenie Poulos, Uniting Justice Australia, Committee Hansard, Sydney, 5 August 2008, p. 20.

[22]      Associate Professor Miranda Stewart, Committee Hansard, Melbourne, 6 August 2008, p. 5.

[23]      Dr John Challis, Superannuated Commonwealth Officers' Association, Committee Hansard, Canberra, 7 August 2008, p. 2.

[24]      Gay and Lesbian Equality (WA) Inc, Submission 29, p. 5.

[25]      Professor Patrick Parkinson, Committee Hansard, Sydney, 5 August 2008, p. 8. Also, see Professor Patrick Parkinson, Submission 14, pp 4-5; Dr John Challis, Superannuated Commonwealth Officers' Association, Committee Hansard, Canberra, 7 August 2008, p. 6; and HREOC, Submission 34, p. 7.

[26]      Australian Christian Lobby, Submission 11, p. 6. Also, see Mr Lyle Shelton, Australian Christian Lobby, Committee Hansard, Canberra, 7 August 2008, p. 7.

[27]      Mr Ghassan Kassisieh, NSW Gay and Lesbian Rights Lobby, Committee Hansard, Sydney, 5 August 2008, p. 6.

[28]      Attorney-General's Department, Submission 38, p. 3. Also, see Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard, Canberra, 7 August 2008, p. 18.

[29]      Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard, Canberra, 7 August 2008, p. 23.

[30]      Australian Christian Lobby, Submission 11, p. 6.

[31]      Association of Superannuation Funds of Australia, Submission 28, pp 2-3.

[32]      Attorney-General's Department, Submission 28, pp 1-2.

[33]      Proposed subsection 10(5) of the Superannuation Industry (Supervision) Act 1993

[34]      Attorney-General's Department, Submission 28, p. 2.

[35]      Attorney-General's Department, Submission 28, p. 2.

[36]      Associate Professor Miranda Stewart, Submission 37, p. 6.

[37]      Professor Patrick Parkinson, Submission 14, p. 7. Also, see Gay and Lesbian Rights Lobby, Submission 19, pp 9-10; and Professor Jenni Millbank, Submission 8, p. 3.

[38]      Professor Patrick Parkinson, Submission 14, p. 6. Also, see Mr Lyle Shelton, Australian Christian Lobby, Committee Hansard, Canberra, 7 August 2008, pp 7-8.

[39]      Professor Patrick Parkinson, Submission 14, p. 9. Also, see Dr John Challis, Superannuated Commonwealth Officers' Association, Committee Hansard, Canberra, 7 August 2008, p. 4.

[40]      Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard, Canberra, 7 August 2008, p. 24.

[41]      Attorney-General's Department, Answers to questions on notice, 29 August 2008, p. 2.

[42]      Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard, Canberra, 7 August 2008, p. 19.

[43]      Associate Professor Miranda Stewart, Committee Hansard, Melbourne, 6 August 2008, p. 3.

[44]      Professor Jenni Millbank, Submission 8, p. 2. Also, see Association of Superannuation Funds of Australia, Submission 28, p. 4.

[45]      Professor Jenni Millbank, Submission 8, p. 2. Also, see Gay and Lesbian Rights Lobby, Submission 19, p. 10.

[46]      Professor Jenni Millbank, Submission 8, p. 3.

[47]      Professor Jenni Millbank, Committee Hansard, Sydney, 5 August 2008, p. 14.

[48]      Professor Patrick Parkinson, Submission 14, pp 9-10.

[49]      Mr Ghassan Kassisieh, NSW Gay and Lesbian Rights Lobby, Committee Hansard, Sydney, 5 August 2008, p. 3. Also, see NSW Gay and Lesbian Rights Lobby, Submission 19, p. 15.

[50]      Mr Ghassan Kassisieh, NSW Gay and Lesbian Rights Lobby, Committee Hansard, Sydney, 5 August 2008, p. 7. The existing parentage presumptions in the Family Law Act 1975 incorporate the notion of consent and have already been judicially considered.

[51]      Associate Professor Miranda Stewart, Committee Hansard, Melbourne, 6 August 2008, p. 3.

[52]      Professor Jenni Millbank, Committee Hansard, Sydney, 5 August 2008, p. 16.

 

Chapter 4 - Interdependent relationships

[1]        Section 10 of the Superannuation Industry (Supervision) Act 1993

[2]        Mr Andrew Charaneka, Law Council of Australia, Committee Hansard, Sydney, 5 August 2008, pp 33-34. Also, see Ms Kate Temby, HREOC, Committee Hansard, Melbourne, 6 August 2008, pp 28-29.

[3]        Schedule 2 Item 3 of the Superannuation Legislation Amendment (Choice of Superannuation Funds) Act 2004

[4]        Section 10A of the Superannuation Industry (Supervision) Act 1993

[5]        Associate Professor Miranda Stewart, Submission 37, pp 3-4. Also, see Association of Superannuation Funds of Australia, Submission 28, p. 1.

[6]        Mr Ross Clare, Association of Superannuation Funds of Australia, Committee Hansard, Sydney, 5 August 2008, p. 25. The Government hopes that the passage of the Bill will encourage private superannuation funds to incorporate the definitions contained in the SIS Act: see Senator the Hon. John Faulkner, Special Minister for State, Senate Hansard, 16 June 2008, p. 2225.

[7]        The Hon. Dr Brendan Nelson MP, Leader of the Opposition, House Hansard, 4 June 2008, p. 4480.

[8]        Parliament of the Commonwealth of Australia, Journals of the Senate, No. 16, 18 June 2008, pp 509-510.

[9]        Association of Superannuation Funds of Australia Limited, Submission 28, p. 3.

[10]      Tasmanian Gay & Lesbian Rights Group, Submission 32, p. 4.

[11]      Parliament of the Commonwealth of Australia, Journals of the Senate, No. 16, 18 June 2008, pp 509-510.

[12]      Association of Superannuation Funds of Australia, Submission 28, p. 4.

[13]      HREOC, Submission 34, p. 12.

[14]      HREOC, Submission 34, pp 10-11. HREOC suggested that its third point could be remedied by allowing only couples' registered relationships to evidence a 'couple relationship'.  Also, see HREOC, 'Same-Sex: Same Entitlements: National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits', May 2007, pp 295-297; Kevin Boreham, Submission 33, p. 1; Gay and Lesbian Rights Lobby, Submission 19, pp 7-8; Victorian Gay & Lesbian Rights Lobby, Submission 42, p. 3; Dr John Challis, Superannuated Commonwealth Officers' Association, Committee Hansard, Canberra, 7 August 2008, p. 2; Mr Ross Clare, Association of Superannuation Funds of Australia, Committee Hansard, Sydney, 5 August 2008, p. 23;

[15]      Mr Robert Hodge, Association of Superannuation Funds of Australia, Committee Hansard, Sydney, 5 August 2008, p. 23.

[16]      Mr Robert Hodge, Association of Superannuation Funds of Australia, Committee Hansard, Sydney, 5 August 2008, p. 23

[17]      Associate Professor Miranda Stewart, Committee Hansard, Melbourne, 6 August 2008, p. 4. Also, see Mr Rodney Croome, Australian Coalition for Equality, Committee Hansard, Melbourne, 6 August 2008, p. 37.

[18]      Associate Professor Miranda Stewart, Submission 37, p. 3. Also, see Superannuated Commonwealth Officers' Association, Submission 27, pp 5-6; and Mr Graeme Innes AM, HREOC, Committee Hansard, Melbourne, 6 August 2008, p. 26.

[19]      Australian Federation of AIDS Organisations, Submission 7, p. 3.

[20]      Australian Federation of AIDS Organisations, Submission 7, pp 3-4. Also, see Hawkesbury Nepean Legal Centre, Submission 2, p. 3. Also, see Victorian Gay & Lesbian Rights Lobby, Submission 42, p. 2.

[21]      Dr John Challis, Superannuated Commonwealth Officers' Association, Committee Hansard, Canberra, 7 August 2008, p. 2. Also, see Tasmanian Gay & Lesbian Rights Group, Submission 32, p. 5; and Mr Kevin Boreham, Submission 33, p. 2.

[22]      Ms Kate Temby, HREOC, Committee Hansard, Melbourne, 6 August 2008, p. 27.

[23]      Mr Ghassan Kassisieh, NSW Gay and Lesbian Rights Lobby, Committee Hansard, Sydney, 5 August 2008, p. 5.

[24]      Australian Coalition for Equality, Submission 30, p. 6.

[25]      Mr Kevin Boreham, Submission 33, p. 1.

[26]      Reverend Elenie Poulos, Uniting Justice Australia, Committee Hansard, Sydney, 5 August 2008, p. 18. Also, see Mr Kevin Boreham, Submission 33, p. 1.

[27]      Ms Emily Gray, NSW Gay and Lesbian Rights Lobby, Committee Hansard, Sydney, 5 August 2008, p. 3. Also, see Mr Corey Irlam, Australian Coalition for Equality, Committee Hansard, Melbourne, 6 August 2008, pp 36 & 39.

[28]      Mr Lyle Shelton, Australian Christian Lobby, Committee Hansard, Canberra, 7 August 2008, pp 7 & 10. Also, see Mr Corey Irlam, Australian Coalition for Equality, Committee Hansard, Melbourne, 6 August 2008, p. 39; Australian Federation of AIDS Organisations, Submission 7, p. 4; and Presbyterian Church of Australia Church and Nation Committee, Submission 10, p. 1.

[29]      Lutheran Church of Australia-Commission on Social and Bioethical Questions, Submission 5, p. 1.

[30]      Associate Professor Miranda Stewart, Submission 37, p. 4. Also, see Australian Coalition for Equality, Submission 30, p. 7.

[31]      Associate Professor Miranda Stewart, Submission 37, p. 4. Also, see Australian Coalition for Equality, Submission 30, p. 7. Also, see Mr Corey Irlam, Australian Coalition for Equality, Committee Hansard, Melbourne, 6 August 2008, p. 36.

[32]      There was also the criticism that de facto relationships are not registered relationships and should not be presumptively recognised as such: see Mr Rodney Croome, Australian Coalition for Equality, Committee Hansard, Melbourne, 6 August 2008, p. 37. Also, see Tasmanian Gay & Lesbian Rights Group, Submission 32, p. 7.

[33]      Mr Kevin Boreham, Submission 33, p. 2.

[34]      Mr Kevin Boreham, Submission 33, p. 2.

[35]      Mr Rodney Croome, Australian Coalition for Equality, Committee Hansard, Melbourne, 6 August 2008, p. 37. Also, see Tasmanian Gay & Lesbian Rights Group, Submission 32, p. 7.

[36]      Parliament of the Commonwealth of Australia, Journals of the Senate, No. 16, 18 June 2008, pp 509-510.

[37]      Association of Superannuation Funds of Australia, Submission 28, pp 2-3. For example, two siblings living together, or persons with a disability or illness.

[38]      Association of Superannuation Funds of Australia, Submission 28, p. 2.

[39]      Community and Public Sector Union, Submission 1a, p. 7.

[40]      Superannuated Commonwealth Officers' Association, Submission 27, Attachment B, p. 6.

[41]      Association of Superannuation Funds of Australia, Submission 28, p. 2. Also, see Mr Ross Clare, Association of Superannuation Funds of Australia, Committee Hansard, Sydney, 5 August 2008, p. 26. Also, see Ms Kate Temby, HREOC, Committee Hansard, Melbourne, 6 August 2008, p. 29.

[42]      Explanatory Memorandum, p. 2.

 

Chapter 5 - Children and legislative consistency

[1]        Parliament of the Commonwealth of Australia, Journals of the Senate, No. 16, 18 June 2008, Terms of Reference (v) and (vi), pp 509-510.

[2]        HREOC, Submission 34, p. 12.

[3]        Australian Christian Lobby, Submission 11, p. 4. Also, see Uniting Justice Australia, Submission 6, p. 4; Dr John Challis, Superannuated Commonwealth Officers' Association, Committee Hansard, Canberra, 7 August 2008, p. 2.

[4]        Professor Jenni Millbank, Submission 8, p. 2. Also, see HREOC, Submission 34, p. 19 where it was emphasised that same-sex parenting arrangements often involve more than two people. 

[5]        HREOC, Submission 34, p. 17. Also, see Attorney-General's Department, Submission 28, p. 2.

[6]        Attorney-General's Department, Submission 28, p. 1. Also, see Professor Jenni Millbank, Submission 8, pp 1-2. Victoria has announced that it will similarly update its ART and surrogacy legislation based on recommendations made by the Victorian Law Reform Commission: see Victorian Attorney-General, Submission 40, p. 2.

[7]        Professor Jenni Millbank, Committee Hansard, Sydney, 5 August 2008, p. 15 and HREOC, Submission 34, pp 17-18. The ACT's approach will shortly be adopted in both Victoria and Western Australia, and is being considered in South Australia.

[8]        Professor Jenni Millbank, Submission 8, pp 2 & 4. Also, see HREOC, Submission 34, p. 19 and Professor Patrick Parkinson, Submission 14

[9]        Professor Patrick Parkinson, Submission 14, p. 9. Also, see Professor Patrick Parkinson, Committee Hansard, Sydney, 5 August 2008, pp 10-11 and Professor Jenni Millbank, Committee Hansard, Sydney, 5 August 2008, p. 14.

[10]      Attorney-General's Department, Submission 28, p. 2.

[11]      Association of Superannuation Funds of Australia, Submission 28, p. 4.

[12]      Mr Ross Clare, Association of Superannuation Funds of Australia, Committee Hansard, Sydney, 5 August 2008, p. 27.

[13]      Law Council of Australia, Submission 31, p. 8.

[14]      Law Council of Australia, Submission 31, p. 6. Also, see UniSuper, Submission 35, p. 1.

[15]      Associate Professor Miranda Stewart, Committee Hansard, Melbourne, 6 August 2008, p. 4. Also, see Industry Funds Forum Inc. Submission 42, p. 1.

[16]      HREOC, Submission 34, p. 15. Also, see Mr Andrew Charaneka, Law Council of Australia, Committee Hansard, Sydney, 5 August 2008, p. 32; and Associate Professor Miranda Stewart, Committee Hansard, Melbourne, 6 August 2008, p. 7.

[17]      Ms Emily Gray and Mr Ghassan Kassisieh, NSW Gay and Lesbian Rights Lobby, Committee Hansard, Sydney, 5 August 2008, pp 2 & 4. Also, see Ms Lisa Newman, CPSU, Committee Hansard, Sydney, 5 August 2008, p. 38; Dr John Challis, Superannuated Commonwealth Officers' Association, Committee Hansard, Canberra, 7 August 2008, p. 2; Mr Lyle Shelton, Australian Christian Lobby, Committee Hansard, Canberra, 7 August 2008, p. 8; Mr Corey Irlam, Australian Coalition for Equality, Committee Hansard, Melbourne, 6 August 2008, p. 36; Associate Professor Miranda Stewart, Committee Hansard, Melbourne, 6 August 2008, p. 4; and Mr Richard Egan, FamilyVoice Australia, Committee Hansard, Melbourne, 6 August 2008, p. 33.

[18]      Dr John Challis, Superannuated Commonwealth Officers' Association, Committee Hansard, Canberra, 7 August 2008, p. 5. Also, see Ms Pat McCahey, Submission m263, p. 1.

[19]      Professor Patrick Parkinson, Committee Hansard, Sydney, 5 August 2008, p. 9.

[20]      Mr Ghassan Kassisieh, NSW Gay and Lesbian Rights Lobby, Committee Hansard, Sydney, 5 August 2008, p. 4. The NSW legislation has an umbrella category of 'domestic relationships' which includes de facto relationships and close personal relationships.

[21]      Ms Angela Conway, Australian Family Association, Committee Hansard, Melbourne, 6 August 2008, p. 15.

[22]      Mr Richard Egan, FamilyVoice Australia, Committee Hansard, Melbourne, 6 August 2008, p. 32. Also, see Mr Paul Russell, Catholic Archdiocese of Adelaide, Committee Hansard, Melbourne, 6 August 2008, p. 13.

[23]      Human Rights and Equal Opportunities Commission, Same-Sex: Same Entitlements: National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits, May 2007, pp 80-81.

[24]      Proposed clause 22A of the Acts Interpretation Act 1901

[25]      Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) Bill 2008, Explanatory Memorandum, p. 6.

[26]      Proposed clause 22C(1) of the Acts Interpretation Act 1901

[27]      NSW Law Society, Submission 44, p. 2.

[28]      Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) Bill 2008, Explanatory Memorandum, p. 8.

[29]      Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) Bill 2008, Explanatory Memorandum, p. 8.

[30]      Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) Bill 2008, Explanatory Memorandum, p. 8.

[31]      Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) Bill 2008, Explanatory Memorandum, p. 11.

[32]      Professor Patrick Parkinson, Submission 14, p. 1.

[33]      Attorney-General's Department, Answers to Questions on Notice (20 August 2008), p. 3.

[34]      Associate Professor Miranda Stewart, Committee Hansard, 6 August 2008, Melbourne, p. 2.

[35]      Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard, 7 August 2008, Canberra, p. 17.

 

Additional comments by Liberal senators

[1]        Mr Peter Arnaudo, Attorney-General's Department, Committee Hansard, Canberra, 23 September 2008, p. 56.

[2]        Proposed subsection 19AA(5) of the Parliamentary Contributory Superannuation Act 1948

[3]        In Re Mark, [Re Mark: an application relating to parental responsibilities [2003] FamCA 822 (28 August 2003)] Brown J considered the relevance of a surrogacy contract entered into under the law of California but observed (at 94) “It is the Family Law Act which governs this case, not the provisions of the surrogate agreement.”

In Re Evelyn, [[Re Evelyn [1998] FamCA 55 (15 May 1998)] the Full Court upheld a decision by Jordan J making a parenting order in favour of a birth mother and her husband despite the existence of a surrogacy arrangement.  The Full Court adopted the view that the existence or otherwise of the surrogacy arrangement had no effect on the outcome of the case. 

"Before his Honour, an argument was mounted on behalf of the Ss that the various State and Commonwealth provisions relating to surrogacy led to the inevitable conclusion that for various reasons, the law required a decision in favour of the Ss.  His Honour, correctly in our view, rejected this proposition as artificial and based his decision squarely upon the principle that ‘the paramount consideration remains the best interests of the child’".

[4]        The Hon. Dr Brendan Nelson MP, Leader of the Opposition, House Hansard, 4 June 2008, p. 4480.

 

Additional comments by Senator Hanson-Young

[1]        United Nations Universal Declaration of Human Rights: http://www.unhchr.ch/udhr/lang/eng.htm

[2]        APRA Statistics Annual Superannuation Bulletin June 2007

[3]        Explanatory Memorandum, paras 33, 78, 110, 113, 149, 159, 161, 193, 194, 225, 242, 248, and 266.

[4]        HREOC, Submission 34

[5]        Australian Coalition for Equality, Submission 30a

[6]        Professor Jenni Millbank, Committee Hansard, Sydney, 5 August 2008, p. 15.