<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>Legislative Council</name>
  <date date="2019-12-10" />
  <sessionName>Fifty-Fourth Parliament, First Session (54-1)</sessionName>
  <parliamentNum>54</parliamentNum>
  <sessionNum>1</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>Legislative Council</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="5643" />
  <endPage num="5713" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding continued="true">
    <name>Bills</name>
    <subject>
      <name>Married Persons (Separate Legal Status) Bill</name>
      <bills>
        <bill id="s4570">
          <name>Married Persons (Separate Legal Status) Bill</name>
        </bill>
      </bills>
      <text id="20191210e37e132beab64bad80000273">
        <heading>Married Persons (Separate Legal Status) Bill</heading>
      </text>
      <subproceeding>
        <name>Second Reading</name>
        <text id="20191210e37e132beab64bad80000274">
          <heading>Second Reading</heading>
        </text>
        <text id="20191210e37e132beab64bad80000275">Adjourned debate on second reading.</text>
        <text id="20191210e37e132beab64bad80000276">(Continued from 3 December 2019.)</text>
        <talker role="member" id="3122" kind="speech">
          <name>The Hon. I.K. HUNTER</name>
          <house>Legislative Council</house>
          <startTime time="2019-12-10T12:14:40" />
          <text id="20191210e37e132beab64bad80000277">
            <timeStamp time="2019-12-10T12:14:40" />
            <by role="member" id="3122">The Hon. I.K. HUNTER (12:14):</by>  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.</text>
          <text id="20191210e37e132beab64bad80000278">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.</text>
          <text id="20191210e37e132beab64bad80000279">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.</text>
          <text id="20191210e37e132beab64bad80000280">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.</text>
          <text id="20191210e37e132beab64bad80000281">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.</text>
        </talker>
        <talker role="member" id="5418" kind="speech">
          <name>The Hon. C. BONAROS</name>
          <house>Legislative Council</house>
          <startTime time="2019-12-10T12:16:59" />
          <text id="20191210e37e132beab64bad80000282">
            <timeStamp time="2019-12-10T12:16:59" />
            <by role="member" id="5418">The Hon. C. BONAROS (12:16):</by>  I indicate for the record that we will be supporting this bill.</text>
        </talker>
        <talker role="member" id="605" kind="speech">
          <name>The Hon. R.I. LUCAS</name>
          <house>Legislative Council</house>
          <startTime time="2019-12-10T12:17:09" />
          <page num="5667" />
          <text id="20191210e37e132beab64bad80000283">
            <timeStamp time="2019-12-10T12:17:09" />
            <by role="member" id="605">The Hon. R.I. LUCAS (Treasurer) (12:17):</by>  I thank honourable members for their contributions and indications of support for the bill.</text>
          <text id="20191210e37e132beab64bad80000284">Bill read a second time.</text>
        </talker>
      </subproceeding>
      <subproceeding>
        <name>Committee Stage</name>
        <text id="20191210e37e132beab64bad80000285">
          <heading>Committee Stage</heading>
        </text>
        <text id="20191210e37e132beab64bad80000286">Bill taken through committee without amendment.</text>
      </subproceeding>
      <subproceeding>
        <name>Third Reading</name>
        <text id="20191210e37e132beab64bad80000287">
          <heading>Third Reading</heading>
        </text>
        <talker role="member" id="605" kind="speech">
          <name>The Hon. R.I. LUCAS</name>
          <house>Legislative Council</house>
          <startTime time="2019-12-10T12:19:05" />
          <text id="20191210e37e132beab64bad80000288">
            <timeStamp time="2019-12-10T12:19:05" />
            <by role="member" id="605">The Hon. R.I. LUCAS (Treasurer) (12:19):</by>  I move:</text>
          <text id="20191210e37e132beab64bad80000289">
            <inserted>That this bill be now read a third time.</inserted>
          </text>
          <text id="20191210e37e132beab64bad80000290">Bill read a third time and passed.</text>
        </talker>
      </subproceeding>
    </subject>
  </proceeding>
</hansard>