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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:
- 'de facto' and
'couple' relationship and 'de facto partner' and all related definitions; and
- 'child' and 'parent',
including parenting presumptions, and all related definitions;
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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