❓ Question regarding the delay in implementing superannuation splitting for WA de facto couples and concerns about the Commonwealth Attorney General's commitment to the reform. The Attorney General's answer details the history of the issue, blames federal public servants, and expresses doubt about the current Attorney General's commitment.
AnsweredQoN 848Legislative Assembly
QuestionView source ↗
SUPERANNUATION REFORMS —
DE FACTO COUPLES
848. Ms S.E. WINTON to the Attorney General:
I refer to the long overdue
announcement by the commonwealth government that Western Australian de facto
couples will soon be able to split their superannuation in the event of a breakup.
(1) Can the Attorney General outline
to the house why this has not occurred sooner?
(2) Can the
Attorney General advise the house of any concerns that the commonwealth
Attorney General, Christian Porter, may not actually implement what is being
promised and deliver equality for all couples in Western Australia?
DE FACTO COUPLES
848. Ms S.E. WINTON to the Attorney General:
I refer to the long overdue
announcement by the commonwealth government that Western Australian de facto
couples will soon be able to split their superannuation in the event of a breakup.
(1) Can the Attorney General outline
to the house why this has not occurred sooner?
(2) Can the
Attorney General advise the house of any concerns that the commonwealth
Attorney General, Christian Porter, may not actually implement what is being
promised and deliver equality for all couples in Western Australia?
AnswerView source ↗
I thank the member for this question
on this very important subject for Western Australian families.
(1)–(2) Western
Australia has its own Family Court, and thank goodness we do because of the
mess that the Family Court on the east coast is in, which the federal
government is battling with. But in Western Australia there is no capacity for
the Western Australian Family Court to make a binding order on the division of
superannuation at the end of a de facto relationship. This means that so many
women in Western Australia who have been the home carers and the child carers
whilst their de facto husbands earn an income and build a superannuation nest
egg are left empty-handed at the end of a relationship.
As
long ago as 2006, this Parliament passed a referral power to the commonwealth,
asking it to enact the amendment to the superannuation law to allow Western Australia,
the only state that cannot have binding orders in relation to super splitting,
enacted in 2006. I understand that federal public servants do not want to see
this happen. They are ambitious to see the commonwealth take over the Western Australian
Family Court and have actively worked against it. So from 2006 until this
government was elected, nothing happened.
In 2018, on the assumption of Mr Porter
as the Attorney General in Australia, I had a telephone conversation with him.
He certainly made all the right noises. On the Gareth Parker program on 22 March
2018, he acknowledged —
Well, I've agreed with John
in principle, —
That is myself —
but I will do my level best to push
the principle through the Commonwealth and through the Cabinet processes and
through the legislative processes and � it takes legislation.
That is in March. At the same time,
there was a headline in The West Australian , saying, ''WA de
facto couples to split superannuation after break-ups'', quoting Mr Porter
as saying —
''I have been in talks with my
WA counterpart �
He notes —
''Under such a referral, the
Family Court of WA would apply the Family Law Act to determine � equitable
division of the superannuation � held by de facto couples �
That
was in March. Then at the Senate
estimates hearing on 23 October 2018, the public servants let the cat out of
the bag. Under questioning by Senator Louise Pratt, the departmental officer,
Mr Anderson, said —
The Attorney has said that he's
bringing the matter forward for government consideration.
This is 23 March—eight months
after Mr Porter said it would happen. Mr Anderson went on to say —
Government needs to take a decision
as to what it's going to do.
Senator Pratt then went on to ask
what had been happening and what had been done. Mr Anderson, the departmental
spokesman, said that the government needed time to consider this matter. This
is on 23 October, which, as I said, is seven or eight months after Mr Porter
announced it would happen. Once those concessions or revelations had been made
by the public servant, Mr Porter pushed out a statement, which was reported in The
West Australian on 25 October—this was two days after the public
servant had said that nothing had been happening and the government had not
made a decision. The federal Attorney General's statement said that it
would happen as soon as possible, but there has been no forward motion. I notice
that the Family Law Practitioners' Association came out and said that
what was said on 25 October was nothing more than what was said back in March.
It is very important for Western Australian families that this happens.
Mr D.J. Kelly : Women in
particular.
Mr J.R. QUIGLEY : For women in
particular. If Mr Porter is genuine in his expressions that this will happen,
there are only two more weeks of federal Parliament left. This has to be
brought before federal Parliament in the next two weeks. Today I spoke to Mr
Porter's shadow, Mark Dreyfus, QC. He has committed that an incoming
Labor government would treat this as a priority and push this through the
federal Parliament. I am urging Mr Porter, in the interests of justice for
women in Western Australia, to get this simple piece of legislation passed
before the House of Representatives rises this year.
on this very important subject for Western Australian families.
(1)–(2) Western
Australia has its own Family Court, and thank goodness we do because of the
mess that the Family Court on the east coast is in, which the federal
government is battling with. But in Western Australia there is no capacity for
the Western Australian Family Court to make a binding order on the division of
superannuation at the end of a de facto relationship. This means that so many
women in Western Australia who have been the home carers and the child carers
whilst their de facto husbands earn an income and build a superannuation nest
egg are left empty-handed at the end of a relationship.
As
long ago as 2006, this Parliament passed a referral power to the commonwealth,
asking it to enact the amendment to the superannuation law to allow Western Australia,
the only state that cannot have binding orders in relation to super splitting,
enacted in 2006. I understand that federal public servants do not want to see
this happen. They are ambitious to see the commonwealth take over the Western Australian
Family Court and have actively worked against it. So from 2006 until this
government was elected, nothing happened.
In 2018, on the assumption of Mr Porter
as the Attorney General in Australia, I had a telephone conversation with him.
He certainly made all the right noises. On the Gareth Parker program on 22 March
2018, he acknowledged —
Well, I've agreed with John
in principle, —
That is myself —
but I will do my level best to push
the principle through the Commonwealth and through the Cabinet processes and
through the legislative processes and � it takes legislation.
That is in March. At the same time,
there was a headline in The West Australian , saying, ''WA de
facto couples to split superannuation after break-ups'', quoting Mr Porter
as saying —
''I have been in talks with my
WA counterpart �
He notes —
''Under such a referral, the
Family Court of WA would apply the Family Law Act to determine � equitable
division of the superannuation � held by de facto couples �
That
was in March. Then at the Senate
estimates hearing on 23 October 2018, the public servants let the cat out of
the bag. Under questioning by Senator Louise Pratt, the departmental officer,
Mr Anderson, said —
The Attorney has said that he's
bringing the matter forward for government consideration.
This is 23 March—eight months
after Mr Porter said it would happen. Mr Anderson went on to say —
Government needs to take a decision
as to what it's going to do.
Senator Pratt then went on to ask
what had been happening and what had been done. Mr Anderson, the departmental
spokesman, said that the government needed time to consider this matter. This
is on 23 October, which, as I said, is seven or eight months after Mr Porter
announced it would happen. Once those concessions or revelations had been made
by the public servant, Mr Porter pushed out a statement, which was reported in The
West Australian on 25 October—this was two days after the public
servant had said that nothing had been happening and the government had not
made a decision. The federal Attorney General's statement said that it
would happen as soon as possible, but there has been no forward motion. I notice
that the Family Law Practitioners' Association came out and said that
what was said on 25 October was nothing more than what was said back in March.
It is very important for Western Australian families that this happens.
Mr D.J. Kelly : Women in
particular.
Mr J.R. QUIGLEY : For women in
particular. If Mr Porter is genuine in his expressions that this will happen,
there are only two more weeks of federal Parliament left. This has to be
brought before federal Parliament in the next two weeks. Today I spoke to Mr
Porter's shadow, Mark Dreyfus, QC. He has committed that an incoming
Labor government would treat this as a priority and push this through the
federal Parliament. I am urging Mr Porter, in the interests of justice for
women in Western Australia, to get this simple piece of legislation passed
before the House of Representatives rises this year.
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