Northern Territory Second Reading Speeches

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DE FACTO RELATIONSHIPS (NORTHERN TERRITORY REQUEST) BILL 2003

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

Bill presented and read a first time.

Dr TOYNE (Justice and Attorney-General): The purpose of the Commonwealth powers Defacto Relationships Bill 2003 is to request that the Commonwealth legislate for the Territory in relation to the division of property and other financial resources on the breakdown of a defacto relationship. It is proposed to request this in relation to both heterosexual and same sex relationships.

This is intended to allow property disputes on the breakdown of defacto relationships to be dealt with under the Commonwealth Family Law Act in the same manner as the property disputes resulting from a marriage breakdown. This bill reflects a decision made by state and territory Attorney-Generals’ through the National Sanding Committee of Attorney-Generals’. The bill is based on a model bill approved in that forum. Similar bills have been introduced in New South Wales and Queensland, with the rest of the jurisdictions to follow shortly other than Western Australia which has its own state family court. There are various advantages to the Commonwealth in dealing with property settlements for defacto relationships.

First it will provide for all property settlements regarding a relationship breakdown to be dealt with consistently and efficiently.

Secondly there will be no longer a barrier to matters relating to children and property being dealt with in the same court.

Thirdly the new provisions contained in the Family Law Act allowing for the courts to split superannuation entitlements in order to arrive at a more equal property settlement can be accessed by persons in defacto relationships as well.

You may wonder why we are amending the Territory’s Defacto Relationships Act if defacto property settlements are going to be referred to the Commonwealth. Unfortunately at this stage the Commonwealth has indicated that it is not prepared to accept referrals from the states and requests from the territories in relation to same sex defacto relationships. The Commonwealth holds to the view that same sex relationships do not deserve the same level of recognition as heterosexual relationships and that it is acceptable to discriminate on the basis of sexuality in this case. The Territory and the other Australian states and territories are not willing to endorse that position. Accordingly the Defacto Relationships (Northern Territory Request) Bill 2003 includes a request in relation to same sex defacto relationships despite the Commonwealth government’s refusal. The requests will remain there until a Commonwealth government that is willing to take the stand against discrimination agrees to legislate the same sex persons. Until then property settlements relating to gay and lesbian relationships will have to be dealt with under the Territory’s Defacto Relationships Act.

Mr Acting Speaker I commend the bill to honourable members.

Debate adjourned.

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