Question On Notice No. 180 asked in the Legislative Council on 15 August 2017 by Hon Alison Xamon
Question Directed to the: Leader of the House representing the Attorney General
Parliament: 40 Session: 1
Question
I refer to the lack of provision for superannuation splitting in Western Australia in circumstances where the relationship ends where that relationship was not covered under Commonwealth family law, and I ask:
(a) will the Government move amendments to address this anomaly which in particular disadvantages women and people in same sex relationships;
(b) if yes to (a), when; and
(c) if no to (a), why not?
Answered on 12 September 2017
(a) - (c) The former Labor Government and the Hon Jim McGinty MLA referred these powers through the Commonwealth Powers (De Facto Relationships) Act 2006 which were not taken up by the then Federal Government. The Attorney General has written to his Commonwealth counterpart, Senator George Brandis QC, and initiated bilateral discussions.
A number of policy positions and legislative amendments are currently under consideration and will be taken to Cabinet when it is possible to do so.
The Attorney General shares the Member's concerns that Western Australians are disadvantaged and is seeking to pursue equity for all couples.