Additional comments and points of dissent by the Australian Democrats
1.1
The Democrat support and
agree with the evidence presented in the Chair’s report on the Federal
Magistrates Amendment (Disability and Death Benefits) Bill 2006, subject to the
additional recommendation below.
1.2
The Democrats note the evidence presented to the
Committee that the jurisdiction and character of the Federal Magistrates Court
is such that it deserves to have standing in the same way as other Chapter III
courts.[12] We suggest this issue could be further
examined.
1.3
The Democrats consider that the bill is constructive as
it will provide previously unavailable benefits to Federal Magistrates.
However, we support the Committee’s recommendation that age limits be amended
to achieve consistency and death benefits be reviewed.
1.4
Further to the brief discussion of same sex
relationships in paragraph 2.23 of the Chair’s report, the Democrats take this
opportunity to highlight ongoing and serious concerns at the lack of
recognition given to same sex couples in Australia.
The Democrats share the concern raised in the Chair’s draft on this point and
suggest that this issue should be taken up as part of a broader debate in
relation to the denial of rights for same sex couples.
1.5
The Democrats consider that this bill provides an
excellent example of the continuing discrimination to which Australians in
long-term same sex relationships are subject. The Democrats object to the
absence in the bill of provision for same sex relationships in the payment of
death benefits.
1.6
To distinguish the status of a long-term marital
relationship on the basis that it must be between a husband and a wife, as
Australian law currently dictates, is unfairly restrictive on same sex couples
effectively living in a marital relationship. The Democrats consider this bill
will add to the myriad legislation denying rights to the long-term same sex
partner of a deceased person.
Recommendation 1
1.7
The definitions in this bill and other legislation
establishing Commonwealth superannuation and pension schemes should be expanded
to expressly provide for the provision of benefits where a same sex
relationship exists.
Senator Natasha Stott Despoja
Australian Democrats
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