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Thursday, 21 November 1974
Page: 2680

Senator MURPHY (New South WalesAttorneyGeneral) - Does not the improvement of the relationship to each other involve that?

Senator Baume - No.

Senator MURPHY - I appreciate what Senator Baume is putting, but the ever present concern is that which was mentioned earlier this evening, that is, the question of constitutionality. Many of these amendments are framed with an eye to that. What Senator Baume is putting is probably inevitably going to happen. If you are going to counsel people for the purpose of assisting them it is with a view to reconciliation or the improvement of their relationship to each other and to the children of the marriage. I think that in that you really embrace what Senator Baume wants to do. But it may create some problems if you lift it out as a separate thing. If you give assistance to a person as a person you might be getting into something that is not quite as related to marriage or to the other constitutional heads of power. Maybe it would not do much harm here. I do not suppose that anybody will greatly challenge it, but some attention has been paid to the available heads of constitutional power even in that. I think that what Senator Baume is suggesting would probably be covered. In practice it will be covered. If a marriage counsellor acts as directed under this clause he will probably incidentally tend to achieve the purposes which Senator Baume is concerned to achieve.

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