People in any kind of domestic relationship will be able to get property from the people they had been living with for looking after them or their children, under a Bill introduced in the Legislative Assembly yesterday.
The Bill, a first in Australia, is likely to get majority support.
People who give up career prospects to care for someone they live with (whether de-facto spouse, same-sex partner, relative, including, say, elderly parent, or friend) or that person’s child will be able to seek a Magistrates’ Court order for compensation for supporting that person and/or that person’s child.
The Attorney-General, Terry Connolly, said the question of whether there was a sexual relationship between the parties was irrelevant.
In this respect the law would be a first in Australia. Four over jurisdictions have laws providing de-factos (perhaps including same-sex de-factos) access to partner’s property, however, the ACT law would go wider. For example, if one of several children looks after an elderly parent, that child could seek a property order (even after the parent’s death) and get an award.
If, for example, (ital)Mother and Son’s (end ital) Robbie slimed his way into getting most of his Mum’s money, Arthur could get an award for the loss of career and financial propects caused through looking after her.
Compensation could be sought for direct or indirect financial or non-financial contribution which have conserved or improved the other party’s property or financial resources.
Generally, claims could only be made if the relationship was longer than two years and had to be made within two years of the relationship ending, unless a child were involved.
Courts would have to take account of any agreement made between the parties.
The law does not affect custody or maintenance of children or married couples. These are the province of the Family Court.
The ACT will use the Commonwealth Native Title Tribunal, rather than set up its own, under a Bill introduced in the Assembly yesterday.
The Chief Minister, Rosemary Follett, said the Bill must be kept in perspective. Many Aboriginal and Torres Strait Islander people would not benefit from native title, and native title would not redress disadvantages commonly faced by them.
The ACT would present its Aboriginal and Torres Strait Islander social-justice agenda shortly.
The Bill confirms Crown ownership of natural resources, such as minerals, and the Crown’s right to control water and fishing rights.
It confirms public access to waterways and Namadgi National Park.
Any person who has an interest in land in the ACT can apply to the tribunal to determine if native title does or does not exist. A Minister can also apply for a determination.
The Bill provides for validation of existing titles.
Advice to the ACT Government is that the success of applications for native title in the ACT is uncertain. Under the Commonwealth Native Title Act (consistent with the High Court’s Mabo decision) the test is that title has not been extinguished by the Crown and that indigenous people must have maintained their links with the land.
A Bill to permit children to give court evidence through closed-circuit television was introduced by the Attorney-General, Terry Connolly, yesterday.
The Bill comes after trials in ACT courts under earlier law which had a sunset clause. The new law is different. There will now be a presumption that children will give evidence on closed circuit TV unless there is a good reason to the contrary. The previous law said the court had to be satisfied that the child would suffer trauma giving evidence the usual way.
The ACT will become a member of the Loan Council under a Bill introduced yesterday. Another Bill will ensure extra payroll tax does not apply because of recent changes to the Federal Fringe Benefits Tax.
A Bill to simplify pollution certification requirements for solid-fuel appliances was introduced yesterday.