Married Persons (Separate Legal Status) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 3 December 2019.)

The Hon. I.K. HUNTER (12:14): I rise again to speak very briefly to the Married Persons (Separate Legal Status) Bill and indicate that I am the lead speaker for the bill for the opposition. As with the previous Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Bill, Labor is very pleased to support this bill.

The bill is essentially in two parts, I am advised. Firstly, it establishes the Married Persons (Separate Legal Status) Act. I have also been advised that this act is similar in nature to acts in New South Wales and the Northern Territory. So, while it contains much needed updates to the law, it is not breaking any new ground in terms of being a standalone act.

Secondly, this bill makes several amendments to the Law of Property Act 1936. These amendments essentially remove some gendered language from the act, updating some provisions of the act that I am advised are intended to override several common law rules from the late 1800s and to repeal several outdated sections of the act. I think we last did this some years ago when the former member for Hartley, Grace Portolesi, moved some amendments to the act to remove sections that said married women could not have their sewing machines taken away from them if they were in debt—a very long overdue amendment—and it has taken a while to get to this point here today.

The provision in the Law of Property Act 1936, which outlined that a husband is not liable for his wife's debts, is being repealed and modernised into a new gender-neutral provision in the Married Persons (Separate Legal Status) Act that says a married person is not liable for the debts of their spouse before marriage. This legislation is required both as a result of the federal government legalising same-sex marriage but also following the work the SA Law Reform Institute undertook to audit instances of gender discrimination in South Australian legislation.

I have also been advised that the consultation on the bill occurred with the Heads of Jurisdiction, the Law Society and the Bar Association as well as the Crown Solicitor's Office and the Registrar-General. We have been told that feedback from the consultation was supportive and that no changes were recommended to be made to this bill. In closing, Labor will support the bill through the second reading and its final clauses.

The Hon. C. BONAROS (12:16): I indicate for the record that we will be supporting this bill.

The Hon. R.I. LUCAS (Treasurer) (12:17): I thank honourable members for their contributions and indications of support for the bill.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. R.I. LUCAS (Treasurer) (12:19): I move:

That this bill be now read a third time.

Bill read a third time and passed.