RECOMMENDATIONS

RECOMMENDATIONS

Recommendation 1

3.168    The committee recommends that the definition of 'child of de facto relationship' in proposed section 90RB of the Bill and the parenting presumptions in section 60H of the Family Law Act 1975 be amended to allow children of same-sex relationships to be recognised as a child of the relationship for the purposes of the entire Family Law Act 1975. In making this recommendation, the committee recognises that the interests of the child must be of paramount consideration.

Recommendation 2

3.169    Without derogating from the independent and privileged status of marriage, the committee recommends that the Federal Government undertake a review of all federal legislation containing definitions of:

with a view to ensuring consistent concepts and terminology are used wherever appropriate.

Recommendation 3

3.170    The committee recommends that the Federal Government renumber the Family Law Act 1975 in subsequent legislation.

Recommendation 4

3.171    The committee recommends that the transitional provisions in the Bill be amended to enable de facto couples to 'opt in' to the new regime by mutual agreement, subject to appropriate safeguards, where their relationship breaks down before commencement and their property or maintenance matters have not been finalised before commencement.

Recommendation 5

3.172    Subject to the preceding recommendations, the committee recommends that the Bill be passed.

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