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Legislative Assembly for the ACT: 2004 Week 01 Hansard (Tuesday, 10 February 2004) . . Page.. 132 ..

MS DUNDAS (10.01): I do not support Mrs Cross’s amendment. We do not need to delay the implementation of legislation that will be passed tonight. As the Chief Minister said earlier, debate on same-sex parenting and the other issues that are dealt with in this bill has been going on for a long time. I do not believe that a six-month delay would change people’s positions. If the commencement date of this legislation were adjourned for six months we would still have discrimination.

Same-sex couples with children would not be able to take up their parenting rights. Children would suffer for an additional six months as their parents would not have legal responsibility for them. I am proud of what has occurred tonight. Some members of this Assembly have made some hard decisions. It is time that we implemented this legislation, continued our law reform process and removed discrimination against gay couples in the ACT.

Question put:

That Mrs Cross’s amendment be agreed to.

The Assembly voted—

Ayes 7

Noes 10

Mr Berry

Mr Smyth

Mr Berry

Ms MacDonald

Mr Cornwell

Mr Stefaniak

Mr Corbell

Mr Quinlan

Mrs Cross

Ms Dundas

Mr Stanhope

Mrs Dunne

Ms Gallagher

Ms Tucker

Mr Pratt

Mr Hargreaves

Mr Wood

Question so resolved in the negative.

Amendment negatived.

MR STEFANIAK (10.05): I move amendment No 1 circulated in my name [see schedule 2 at page 164].

Under section 19 of the Adoption Act the court has some discretion in awarding and granting an adoption. Subsection (1) refers to the fact that adoption orders shall not be made if a child has not attained the age of 18 years, unless a certain number of things occur. Section 19 (2) states:

In deciding whether or not to make an adoption order, the Court shall have regard to—

effectively, that means the court must have regard to—

(a) where it is appropriate given the age and understanding of the child—the wishes of the child…

In other words, if a child is old enough to form a view and to have an input, that has to be taken into account. Under section 19 (2) (b), the court has to take into account:

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