Page 417 - Week 02 - Tuesday, 14 February 2017
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justice and community safety legislation amendment bill process is about continual improvement. This bill implements a collection of ideas for ways to make laws in the ACT both more effective and efficient. The amendments we are considering today are sensible, useful changes for Canberra. These amendments reflect this government’s progressive, inclusive and people-centred approach to legislation.
We are already delivering on what we were elected to do. The bill implements positive social changes by amending the Civil Unions Act 2012, the Coroners Act 1997, the Guardianship and Management of Property Act 1991 and the Residential Tenancies Act 1997.
The amendments to the Civil Unions Act demonstrate the government’s continuing commitment to marriage equality. These amendments allow for overseas or interstate same-sex relationships to be automatically recognised as civil unions under territory law. That means that with no additional steps all the benefits and legal protections of having a civil union will apply. These amendments are an important step in the territory’s journey toward equal recognition for all.
Members may be aware of the tragic case in South Australia last year which highlighted the importance of this legislation. David Bulmer-Rizzi passed away in an accident while he was on his honeymoon from the United Kingdom. His partner, Marco, was initially told that David’s death certificate would read “never married.” In the United Kingdom, marriage equality is already a legal reality, but that was not recognised at the time in South Australian law. South Australian Premier Jay Weatherill responded promptly, and the South Australian parliament passed legislation in December to remedy the situation.
This bill will ensure that for all legal purposes a marriage like the Bulmer-Rizzis’ marriage would be recognised under ACT law. As I said when introducing the bill, we are and will clearly remain committed to enhancing equality for all Canberrans and recognising the strength of love.
The amendments to the Coroners Act acknowledge the anguish of a family of a deceased person when a coroner’s report is tabled in the Legislative Assembly. The amendments to section 57(4) make it a requirement that any report tabled in the Legislative Assembly must raise issues of public safety and give the responsible minister discretion to redact sensitive, personal information before the report is tabled.
The amendments to the Guardianship and Management of Property Act allow the ACT Civil and Administrative Tribunal to suspend an enduring power of attorney. Although the tribunal is already able to revoke an enduring power of attorney, revocation is not always the best remedy for the person who made the power of attorney. There are, as has been mentioned in the debate, times when a suspension is clearly more appropriate.
The amendments to the Residential Tenancies Act support the tribunal’s new power introduced under the Residential Tenancies Legislation Amendment Act 2016, to terminate a residential tenancy agreement where a co-tenant has a protection order
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