Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document

FAMILY LAW AMENDMENT BILL 1983

The Senate, according to Order, resolved itself into Committee for the further consideration of the Bill.

In the Committee

Consideration resumed of Clause 25, as amended, and of the amendments moved thereto by Senator Walters, viz: Page 16, paragraph (b), before proposed new sub-paragraph 64 (1) (ba) (i), insert the following new sub-paragraphs: ''(iaa) the relevant conduct, as parents, of the parents of the child;

(iaab) the relevant conduct of any step-parents or persons sharing the care, control and guardianship of the child with the custodian;

(iaac) the wishes of the child's parent or parents as to his custody;''.

Page 16, paragraph (b), after proposed new sub-paragraph 64 (1) (ba) (ii), insert the following new sub-paragraphs: ''(iia) if there is more than one child under consideration the effect of the separation on the children;

(iib) the education and up-bringing of the child;''.

Question-That the amendments be agreed to-put and negatived.

Clause 25, as amended, further debated.

Ordered-That further consideration of clause 25, as amended, be postponed.

Clauses 26 to 29, by leave, taken together, debated and agreed to.

On the motion of Senator Missen, the following amendment was debated and agreed to: Page 24, after clause 29, insert the following new clause: ''29A. Section 72 of the Principal Act is repealed and the following section is substituted: Right of spouse to maintenance '72. A party to a marriage is liable to maintain the other party, to the extent that the first-mentioned party is reasonably able to do so, if, and only if, that other party is unable to support herself or himself adequately whether- (a) by reason of having the care and control of a child of the marriage who has not attained the age of 18 years;

(b) by reason of age or physical or mental incapacity for appropriate gainful employment; or

(c) for any other adequate reason,

having regard to any relevant matter referred to in sub-section 75 (2).'.''.

Senator Missen moved a further amendment, viz: Page 24, after clause 29A, insert the following new clause: ''29B. After section 74 of the Principal Act the following section is inserted: Variations in maintenance payable in respect of children '74A. (1) The regulations may provide for the annual variation of orders for the payment of maintenance in respect of children by reference to variations in the cost of providing for a child ascertained from estimates of the cost of providing for a child published by the Australian Statistician.

'(2) Where regulations have been made under sub-section (1), an order that is made under this Act for the payment of maintenance in respect of a child has effect, subject to any order of the court that made the first-mentioned order or of any other court, as from each anniversary of the making of the order as if the order had been varied in accordance with the regulations.'.''.

Debate ensued.

Question-That the proposed new clause be inserted in the Bill-put and negatived.

Clause 30 read- Senator Durack moved an amendment, viz: Page 24, paragraph (a), proposed new paragraph 75 (2) (f), lines 15 to 23, leave out the proposed paragraph, insert the following new paragraph: ''(f) the eligibility of either party for a pension, allowance or benefit under any superannuation fund or scheme, whether the fund or scheme was established, or operates, within or outside Australia, and the rate of any such pension, allowance or benefit being paid to either party;''.

Debate ensued.

Question-That the words proposed to be left out be left out-put.

The Committee divided-

AYES, 23

Senators- Archer Bjelke-Petersen Boswell Carrick, Sir John Chaney Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Harradine Jessop Kilgariff Lajovic Lewis MacGibbon Messner Rae, Peter Reid (Teller) Scott Teague Townley Walters Watson

NOES, 33

Senators- Button Childs Chipp Coates Coleman Colston Cook Crowley Elstob Evans, Gareth Evans, Jack Foreman Georges Gietzelt Giles Grimes Haines Jones McClelland McIntosh Macklin Maguire Martin Mason Primmer Ray, Robert Reynolds Richardson Robertson (Teller) Ryan Sibraa Tate Walsh

Amendment negatived accordingly.

Ordered-That the Chairman of Committees (Senator Hamer) report progress and ask leave to sit again.

The Acting Deputy-President (Senator Sibraa) resumed the Chair; and Senator Hamer reported that the Committee had considered the Bill, made progress, and asked leave to sit again.

Ordered-That the Committee have leave to sit again at a later hour of the day.