5325-revised 2

2004-2005-2006-2007

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

Judges’ Pensions Amendment Bill 2007

 

(Amendments to be moved by Senator Murray on behalf of the Australian Democrats in committee of the whole)

(1)     Schedule 1, page 3 (after line 6), item 1, before the definition of salary , insert:

child of a de facto relationship means:

                     (a)  a child born of a de facto relationship; or

                     (b)  a child adopted by the persons engaged in that relationship during the period of the relationship.

de facto relationship means a relationship between two people living together as a couple on a genuine domestic basis, where the two people are not legally married:

                     (a)  in determining whether two people are in a de facto relationship, the circumstances of the relationship must be considered as a whole. Without limiting the generality of this paragraph, those circumstances may include:

                              (i)  the length of their relationship;

                             (ii)  how long and under what circumstances they have lived together;

                            (iii)  whether there is a sexual relationship between them;

                            (iv)  their degree of financial dependence or interdependence, and any arrangements for financial support, between or by them;

                             (v)  the ownership, use and acquisition of their property, including any property that they own individually;

                            (vi)  their degree of mutual commitment to a shared life;

                           (vii)  whether they mutually care for and support children;

                          (viii)  the performance of household duties;

                            (ix)  the reputation, and public aspects, of the relationship between them;

                             (x)  the existence of a statutory declaration signed by both persons stating that they regard themselves to be in a de facto relationship with the other person;

                     (b)  a de facto relationship may be between two people of the same gender.

Note:          A person in a marital relationship is taken to be legally married—see subsection 8A(2) of the Superannuation Act 1976 .

[definitions]

(2)     Schedule 1, page 3 (after line 15), after item 1, insert:

1A  Subsection 4AB(1)

After “basis at that time”, insert “and includes a de facto relationship”.

[extension of benefit to same sex de facto partner]

(3)     Schedule 1, page 3 (after line 15), after item 1, insert:

1B  Section 4AB

Omit “marital relationship (wherever occurring), substitute “beneficiary relationship”.

[extension of benefit to same sex de facto partner]

(4)     Schedule 1, page 3 (after line 15), after item 1, insert:

1C  Section 4AC

Omit “marital relationship” (wherever occurring), substitute “beneficiary relationship”.

[extension of benefit to same sex de facto partner]

(5)     Schedule 1, page 6 (after line 26), after item 10, insert:

10A  Subsection 10(2)

Omit “marital relationship” (wherever occurring), substitute “beneficiary relationship”.

[extension of benefit to same sex de facto partner]

(6)     Schedule 1, page 7 (after line 5), after item 11, insert:

12A  Subsection 11(3)

Omit “marital relationship” (wherever occurring), substitute “beneficiary relationship”.

[extension of benefit to same sex de facto partner]

(7)     Schedule 1, page 7 (after line 19), after item 12, insert:

12A  Subsection 12(3)

Omit “marital relationship” (wherever occurring), substitute “beneficiary relationship”.

[extension of benefit to same sex de facto partner]