Page 1802 - Week 06 - Thursday, 19 May 1994
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of time. Another might be where an invalid or an incapacitated person lives with a companion who cares for that person over a period of years. Obviously parent-child relationships of most kinds would be covered, as would all sorts of other relationships of the kind that, I am sure, we have all encountered in our own lives and that it was intended be covered by this legislation.
Others that perhaps it was not intended be covered might, simply on those words, be covered. For example, people may have a group house - which is not uncommon in this city with four universities - in which three or four or more people share domestic tasks. One may provide personal or financial commitment and support for the material benefit of the others - that is, cook for the others; another may clean for the others; and another may wash the clothes for the others. You can see that there might be some question of whether those relationships might give rise to a domestic relationship under the terms of this Bill.
We can also imagine, for example, a situation where a person volunteers to provide meals on wheels to a whole range of individuals. The person provides that service as a volunteer, and there is no financial remuneration. It is certainly a personal commitment. You have to have personal commitment in order to be able to offer it, and the relationship would be of a domestic nature obviously, and it would be for the material benefit of another. So it is possible to say that that might, in certain circumstances, be caught by the bare words of clause 3.
What is there in the Bill and elsewhere that reads as meaning that we are not covering those sorts of things? The most obvious things are the provisions of the explanatory memorandum. I think it is worth reading those into the legislation. They state:
It should be made clear that the relationship is to involve a commitment which goes beyond friendship and 'neighbourliness' - flatmates, people living in group houses, employed live-in housekeepers and other domestic employment. Those living in halls of residence for employees or students would also not normally be entitled to seek relief.
That goes some way towards alleviating the concern that the Opposition has. I think it is appropriate for the Minister responsible for this Bill to spell out a little more clearly how he sees that limitation applying. It may well be that some people will test the limits of this legislation from time to time, and a clear statement from the Attorney about what he sees the limits being would be very helpful to those persons, either before or after they commence such an action.
It is also important not to undermine the spirit of voluntarism, which is such an important part of the way our community operates. If it were to be the case, for example, that a person offered support on a continuing basis to an elderly neighbour down the street by, say, helping wash the clothes or mow the lawn, it would be most unfortunate if the elderly person who was receiving the assistance were to feel that they might be giving rise to some kind of claim against them or their estate by virtue of accepting that help.
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