The SPEAKER ( Hon. Andrew Wallace ) took the chair at 09:30, made an acknowledgement of country and read prayers.
Report relating to the consideration of committee and delegation business and of private Members' business
1. The Committee met in private session on Tuesday, 8 February 2022.
2. The Committee deliberated on items of committee and delegation business that had been notified, private Members' business items listed on the Notice Paper and notices lodged on Tuesday, 8 February 2022, and determined the order of precedence and times on Monday, 14 February 2022, as follows:
Items for House of Representatives Chamber (10.10 am to 12 noon)
PRIVATE MEMBERS' BUSINESS
Notices
1 MR BANDT: To present a Bill for an Act to impose a curfew and related restrictions on aircraft movements at Brisbane Airport, and for related purposes. ( Brisbane Airport Curfew and Demand Management Bill 2022 )
(Notice given 1 December 2022.)
Presenter may speak to the second reading for a period not exceeding 10 minutes — pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
2 DR HAINES: To present a Bill for an Act to amend the Renewable Energy (Electricity) Act 2000 , and for related purposes. (Renewable Energy (Electricity) Amendment (Cheaper Home Batteries) Bill 2022 )
(Notice given 8 February 2022.)
Presenter may speak to the second reading for a period not exceeding 10 minutes — pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
3 DR HAINES: To present a Bill for an Act to amend the law relating to telecommunications, and for related purposes. ( Telecommunications Legislation Amendment (Faster Internet for Regional Australia) Bill 2022 )
(Notice given 8 February 2022.)
Presenter may speak to the second reading for a period not exceeding 10 minutes — pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
4 MR CHRISTENSEN: To present a Bill for an Act about social media services, and for related purposes. ( Social Media (Protecting Australians from Censorship) Bill 2022 )
(Notice given 8 February 2022.)
Presenter may speak to the second reading for a period not exceeding 10 minutes — pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
5 MR BANDT: To present a Bill for an Act to impose a moratorium on new coal, gas and oil projects, and for related purposes. ( Moratorium on New Coal, Gas and Oil Bill 2022 )
(Notice given 8 February 2022.)
Presenter may speak to the second reading for a period not exceeding 10 minutes — pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
6 MR WILKIE: To present a Bill for an Act to amend the Commonwealth Electoral Act 1918 , and for related purposes. (Commonwealth Electoral Amendment (Cleaning up Political Donations) Bill 2022 )
(Notice given 8 February 2022.)
Presenter may speak to the second reading for a period not exceeding 10 minutes — pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
7 MR LAMING: To move:
That this House:
(1) notes the recent Defence Honours and Awards Appeals Tribunal recommendation to create a new class of medals and clasps which recognise the loss suffered by the families of Australian Defence Force personnel killed or seriously wounded as a result of their service;
(2) acknowledges the advocacy role taken by former SAS serviceman Kerry Danes and his wife Kay Danes;
(3) thanks the veterans and the families of veterans that made submissions to the tribunal; and
(4) urges the Government to complete the consultation process as soon as practicable and ensure that the proposed recognition be applied to all military service on behalf of this nation.
(Notice given 8 February 2022.)
Time allotted — 25 minutes.
Speech time limits —
Mr Laming — 10minutes.
Next Member speaking — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 1 x 10 mins + 3 x 5 mins]
The Committee determined that consideration of this matter should continue at a later hour.
8 MS MURPHY: To move:
That this House:
(1) notes that:
(a) access to high quality education, skills and training opportunities is a fundamental right;
(b) too many Australian students are prevented by social, economic and geographical barriers from accessing this right;
(c) the inequity in education, skills and training opportunities has been exacerbated by the impacts of the COVID-19 pandemic and the Government's decisions to, amongst other things, increase the cost of higher education, refuse to fund free access to public TAFE and neglect of the needs of the school system;
(d) in contrast, Labor has a range of commitments to make education and training more accessible, including to:
(i) make child care cheaper for 97 per cent of Australian parents;
(ii) support 10,000 New Energy Apprenticeships;
(iii) introduce an Australian Skills Guarantee;
(iv) provide 465,000 free TAFE places and up to 20,000 new university places; and
(v) invest $440 million to improve ventilation in classrooms and provide more counselling and psychological support; and
(e) more needs to be done to assist students who are disengaged in learning, or who do not respond to traditional school programs; and
(2) further notes that one of the standout success stories in achieving this is, Hands on Learning, a program first piloted at Frankston High School in 1999 by Russell Kerr, OAM, that builds wellbeing, engagement, and attendance by creating opportunities for students to discover their talents and experience success through significant and authentic hands-on projects, that results in 95 per cent of Hands on Learning students finishing school, getting an apprenticeship or getting a job.
(Notice given 8 February 2022.)
Time allotted — remaining private Members' business time prior to 12 noon.
Speech time limits —
Ms Murphy — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 5 x 5 mins]
The Committee determined that consideration of this matter should continue at a later hour.
Items for Federation Chamber (11 am to 1.30 pm)
PRIVATE MEMBERS' BUSINESS
Notices
1 MS COKER: To move:
That this House:
(1) recognises that under the Government, Australia's aged care sector is in crisis due to almost nine years of neglect and funding cuts;
(2) notes that:
(a) after 21 expert reports, the Government knew older people were suffering in residential aged care and did nothing to fix the problems;
(b) the pandemic has exacerbated the structural problems and exposed the weaknesses in the aged care sector and the Government has done nothing to protect or support aged care workers or residents; and
(c) the Government has failed to plan ahead and has failed to supply aged care workers with adequate supplies of personal protection equipment; rapid antigen tests (RATs) and surge workforce which has led to tragic, unnecessary suffering and deaths of residents; and
(3) calls on the Government to:
(a) urgently supply resources, such as RATs needed to help aged care workers get back to work and to ensure residents in aged care get the care they deserve; and
(b) implement all the recommendations from the Royal Commission into Aged Care Quality and Safety, and end the neglect.
(Notice given 8 February 2022.)
Time allotted — 35 minutes.
Speech time limits —
Ms Coker — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 7 x 5 mins]
The Committee determined that consideration of this matter should continue at a later hour.
2 MR FALINSKI: To move:
That this House:
(1) recognises that 20 February 2022 marks the 50th anniversary of the establishment of diplomatic relations between Australia and Poland;
(2) acknowledges that Poland and Australia enjoy a significant tradition of cooperation which started much earlier than the establishment of full diplomatic relations on 20 February 1972; and
(3) honours:
(a) the long history of Polish settlement Down Under; and
(b) Polish-Australian bonds of friendship that reflect a true partnership between our nations.
(Notice given 8 February 2022.)
Time allotted — 20 minutes.
Speech time limits —
Mr Falinski — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 4 x 5 mins]
The Committee determined that consideration of this matter should continue on a future day.
3 DR FREELANDER: To move:
That this House:
(1) recognises the significant impact that COVID-19 is continuing to have on the day-to-day lives of Australians;
(2) notes that the Government has demonstrably failed in preparing the nation to be able to live with COVID-19, with;
(a) significant shortages of basic necessities prevalent in our supermarkets and shops;
(b) many communities being unable to access Rapid Antigen Tests, and countless examples of price gouging of these essential medical supplies; and
(c) issues in supply chains, workforces and a lack of support from the Government continuing to wreak havoc on small businesses and employees;
(3) further notes that the Prime Minister and the Minister for Senior Australians and Aged Care Services would rather go to the cricket than show up and do their jobs while Australians continue to suffer; and
(4) condemns the Prime Minister and the Government for:
(a) their lack of foresight;
(b) their lack of planning;
(c) their lack of leadership; and
(d) abrogating their responsibilities to everyday Australians.
(Notice given 8 February 2022.)
Time allotted — 45 minutes.
Speech time limits —
Dr Freelander — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 9 x 5 mins]
The Committee determined that consideration of this matter should continue on a future day.
Orders of the day
1 ROAD SAFETY PROGRAM: Resumption of debate ( from 22 November 2021 ) on the motion of Mr van Manen—That this House:
(1) notes the Government's ongoing commitment to improving road safety through the establishment of the Road Safety Program (RSP);
(2) recognises that the RSP supports the fast roll out of lifesaving road safety treatments on rural and regional roads and greater protection for vulnerable road users, like cyclists and pedestrians, in urban areas;
(3) commends the Government for its funding in the recent budget to provide $3 billion over three years from 2020-21; and
(4) acknowledges the 'use it or lose it' provision as part of the funding, requiring states and territories to use their funding within each six month tranche in order to receive their full allocation of funding for the next tranche, unless exceptional circumstances exist.
Time allotted — 30 minutes.
Speech time limits —
All Members — 5minutes each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration of this matter should continue on a future day.
2 SPACE INDUSTRY: Resumption of debate ( from 23 June 2021 ) on the motion of Mrs McIntosh—That this House:
(1) notes that the Government has recognised the value of Australia's growing space sector by including space as one of the six national priority manufacturing sectors in the $1.5 billion Modern Manufacturing Strategy;
(2) welcomes the Government's goal of tripling the space industry by 2030 to $12 billion;
(3) congratulates the new head of the Australian Space Agency, Mr Enrico Palermo on his appointment and notes his significant industry and corporate experience in the sector;
(4) commends the Government for enabling Australian businesses to become part of the international space supply chain and have a role in NASA's Moon to Mars mission; and
(5) further welcomes the release of the Space Sector Industry Road Map and the opening of grants for this sector under the Modern Manufacturing Initiative's Translation and Integration streams.
Time allotted — remaining private Members' business time prior to 1.30 pm.
Speech time limits —
All Members — 5minutes each.
[Minimum number of proposed Members speaking = 4 x 5 mins]
The Committee determined that consideration of this matter should continue on a future day.
Items for Federation Chamber (4.45 pm to 7.30 pm)
PRIVATE MEMBERS' BUSINESS
Orders of the day—continued
AGED CARE SECTOR CRISIS: Resumption of debate on the motion of Ms Coker—
That this House:
(1) recognises that under the Government, Australia's aged care sector is in crisis due to almost nine years of neglect and funding cuts;
(2) notes that:
(a) after 21 expert reports, the Government knew older people were suffering in residential aged care and did nothing to fix the problems;
(b) the pandemic has exacerbated the structural problems and exposed the weaknesses in the aged care sector and the Government has done nothing to protect or support aged care workers or residents; and
(c) the Government has failed to plan ahead and has failed to supply aged care workers with adequate supplies of personal protection equipment; rapid antigen tests (RATs) and surge workforce which has led to tragic, unnecessary suffering and deaths of residents; and
(3) calls on the Government to:
(a) urgently supply resources, such as RATs needed to help aged care workers get back to work and to ensure residents in aged care get the care they deserve; and
(b) implement all the recommendations from the Royal Commission into Aged Care Quality and Safety, and end the neglect.
Time allotted — 25 minutes.
Speech time limits —
All Members — 5minutes each.
[Minimum number of proposed Members speaking = 5 x 5 mins]
The Committee determined that consideration of this matter should continue on a future day.
DEFENCE AWARDS: Resumption of debate on the motion of Mr Laming—That this House:
(1) notes the recent Defence Honours and Awards Appeals Tribunal recommendation to create a new class of medals and clasps which recognise the loss suffered by the families of Australian Defence Force personnel killed or seriously wounded as a result of their service;
(2) acknowledges the advocacy role taken by former SAS serviceman Kerry Danes and his wife Kay Danes;
(3) thanks the veterans and the families of veterans that made submissions to the tribunal; and
(4) urges the Government to complete the consultation process as soon as practicable and ensure that the proposed recognition be applied to all military service on behalf of this nation.
Time allotted — 30 minutes.
Speech time limits —
All Members — 5minutes each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration of this matter should continue on a future day.
EDUCATION: Resumption of debate on the motion of Ms Murphy—That this House:
(1) notes that:
(a) access to high quality education, skills and training opportunities is a fundamental right;
(b) too many Australian students are prevented by social, economic and geographical barriers from accessing this right;
(c) the inequity in education, skills and training opportunities has been exacerbated by the impacts of the COVID-19 pandemic and the Government's decisions to, amongst other things, increase the cost of higher education, refuse to fund free access to public TAFE and neglect of the needs of the school system;
(d) in contrast, Labor has a range of commitments to make education and training more accessible, including to:
(i) make child care cheaper for 97 per cent of Australian parents;
(ii) support 10,000 New Energy Apprenticeships;
(iii) introduce an Australian Skills Guarantee;
(iv) provide 465,000 free TAFE places and up to 20,000 new university places; and
(v) invest $440 million to improve ventilation in classrooms and provide more counselling and psychological support; and
(e) more needs to be done to assist students who are disengaged in learning, or who do not respond to traditional school programs; and
(2) further notes that one of the standout success stories in achieving this is, Hands on Learning, a program first piloted at Frankston High School in 1999 by Russell Kerr, OAM, that builds wellbeing, engagement, and attendance by creating opportunities for students to discover their talents and experience success through significant and authentic hands-on projects, that results in 95 per cent of Hands on Learning students finishing school, getting an apprenticeship or getting a job.
Time allotted — 20 minutes.
Speech time limits —
All Members — 5minutes each.
[Minimum number of proposed Members speaking = 4 x 5 mins]
The Committee determined that consideration of this matter should continue on a future day.
3 CYBER-ATTACKS: Resumption of debate ( from 25 October 2021 ) on the motion of Mr Wallace—That this House:
(1) notes:
(a) a number of Australian businesses have been impacted by cyber-attacks including by ransomware in 2021; and
(b) ransomware is a common and dangerous type of malware employed by cyber-criminals that can affect both individuals and organisations, and cause severe damage to reputation, and business bottom lines;
(2) records its concern at the impact and frequency of cyber-attacks on Australian individuals and businesses;
(3) further notes the significant investment by the Government of $15 billion in cyber and defence capabilities, including $1.35 billion through the Australian Signals Directorate/Australian Cyber Security Centre (ACSC), to keep Australians safe online;
(4) recognises the important work done by the ACSC providing advice and technical support to individuals and businesses affected by cyber incidents;
(5) urges all Australians to implement good cyber hygiene measures across their home and business networks; and
(6) encourages all Australians to visit cyber.gov.au and take the steps to protect themselves, their businesses, their families, and Australia's digital sovereignty.
Time allotted — 30 minutes.
Speech time limits —
All Members — 5minutes each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration of this matter should continue on a future day.
Notices — continued
4 MR ZAPPIA: To move:
That this House:
(1) notes that naval shipbuilding:
(a) is critical to:
(i) the Australian economy;
(ii) sovereign capability; and
(iii) national security;
(b) creates thousands of specialist jobs across advanced engineering and high technology industry sectors;
(2) further notes:
(a) that the termination of the Naval Group French submarine contract caused the loss of thousands of jobs and contracts with defence industry sector businesses;
(b) the continued uncertainty relating to the Australia-United Kingdom-United States nuclear submarine announcement about:
(i) where the submarines will be built;
(ii) who will build them;
(iii) Australian workforce participation in the build;
(iv) the workforce skills required;
(v) the number of submarines required;
(vi) the cost of the replacement submarines; and
(vii) the delivery date of the submarines; and
(c) the recent concerns about the performance and few opportunities for Australian firms on the Future Frigates; and
(3) calls on the Government to:
(a) respond to the questions raised about the replacement submarine contract;
(b) ensure that all Australian naval shipbuilding contracts maximize Australian workforce participation with public, transparent and audited mandatory minimum content requirements; and
(c) ensure that all naval procurement is fit for purpose, value for money and delivered in a timely way.
(Notice given 8 February 2022.)
Time allotted — 20 minutes.
Speech time limits —
Mr Zappia — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 4 x 5 mins]
The Committee determined that consideration of this matter should continue on a future day.
Orders of the day — continued
4 AUSTRALIAN DEFENCE FORCE CADETS: Resumption of debate ( from 18 October 2021 ) on the motion of Mr Simmonds—That this House notes that:
(1) membership of the Australian Defence Force (ADF) Cadets:
(a) gives young people the opportunity to be members of a team, develop their skills as leaders and develop an individual's capacity to contribute to society; and
(b) fosters an interest in Defence Force careers, and is important in developing ongoing support for Defence; and
(2) ADF Cadets contribute greatly to the community and Australian society.
Time allotted — 20 minutes.
Speech time limits —
All Members — 5minutes each.
[Minimum number of proposed Members speaking = 4 x 5 mins]
The Committee determined that consideration of this matter should continue on a future day.
Notices — continued
5 MR KATTER: To move:
That this House notes that the Member for Kennedy and the Member for Clark call on the Government to provide for sovereign fuel security in Australia during the transition to reliance on renewable energy and net-zero carbon emissions, including by ensuring:
(1) a ban on Australian oil exports;
(2) Australian processing, by Australian owned and operated companies, of Australian oil;
(3) Australian petroleum contains a minimum of 33 per cent renewables (algae and ethanol inter alia), by 2027;
(4) Australian manufacture, by Australian owned and operated companies, of drop-in fuel using waste materials, with a targeted supply of a minimum of 33 per cent of the Australian fuel diesel market by 2027;
(5) Australia stockpile a minimum of six months supply of fuels, oils and lubricants, noting that:
(a) these materials are manufactured in Australia from Australian oil; and
(b) where this is not possible, that imports be restricted to those materials genuinely unable to be manufactured in Australia from Australian oil;
(6) any investment in industrial facilities to meet the requirements of this motion be limited to the genuine need for fuel security, with the object that Australian manufacturers achieve 100 per cent energy supply from renewable energy and net-zero carbon emissions; and
(7) Australian manufacture of electric vehicles, and their component parts including battery production, with a target of 100 per cent of all local, state and federal, government vehicles and buses, in metropolitan areas being Australian made by 2035.
(Notice given 8 February 2022.)
Time allotted — remaining private Members' business time prior to 7.30 pm.
Speech time limits —
Mr Katter — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 4 x 5 mins]
The Committee determined that consideration of this matter should continue on a future day.
THE HON A. B. WALLACE
Speaker of the House of Representatives
9 February 2022
Agriculture Biodiversity Stewardship Market Bill 2022
That this bill be now read a second time.
Treasury Laws Amendment (Cyclone and Flood Damage Reinsurance Pool) Bill 2022
That this bill be now read a second time.
Treasury Laws Amendment (Enhancing Tax Integrity and Supporting Business Investment) Bill 2022
That this bill be now read a second time.
Income Tax Amendment (Labour Mobility Program) Bill 2022
That this bill be now read a second time.
Appropriation (Coronavirus Response) Bill (No. 1) 2021-2022
Message from the Governor-General transmitting particulars of proposed expenditure and recommending appropriation announced.
Bill and explanatory memorandum presented by Mr Sukkar.
Bill read a first time.
That this bill be now read a second time.
Appropriation (Coronavirus Response) Bill (No. 2) 2021-2022
That this bill be now read a second time.
Regulator Performance Omnibus Bill 2022
That this bill be now read a second time.
Customs Tariff Proposal (No. 1) 2022.
Appropriation (Coronavirus Response) Bill (No. 1) 2021-2022
Appropriation (Coronavirus Response) Bill (No. 2) 2021-2022
Cognate debate.
Consideration resumed of the motion:
That the bill be now read a second time.
That this bill be now read a third time.
Appropriation (Coronavirus Response) Bill (No. 2) 2021-2022
That this bill be now read a third time.
Religious Discrimination Bill 2021
Religious Discrimination (Consequential Amendments) Bill 2021
Human Rights Legislation Amendment Bill 2021
There must be some set of principles that we can appeal to, and be held accountable to, if our common humanity is to survive our religious differences. Religious freedom is about our common humanity, and we must fight for it if we are not to lose it. This, I believe, is the issue of our time.
A male primary school principal in western NSW was contacted by the Catholic Education Office to advise that they "had become aware" that his marriage had broken up and that he was reportedly in a new relationship, as was his wife. The view of the employer was that his current lifestyle was no longer compatible with that of leadership of a Catholic school and that he needed to move.
Two women teachers had been in a same sex relationship for over ten years. One was in a co-ordinator role in a metropolitan Diocese secondary school and the other worked in a Catholic independent school. They decided to have a baby and were subsequently reported to the Diocese Bishop after being seen with the baby at a shopping centre (not in area of the school). CEO said that it had no other option than to move their employee to another school and remove her co-ordinator's allowance. She did not accept the offer and resigned …
… … …
A teacher at a Christian school had been associated with the school for over 25 years and three of her four children were also at the school. When her marriage broke up, with some associated—
issues which required time for medical, counselling and legal appointments … the Principal spoke to the member about the responsibilities of Christian marriage. The implication was that the member's current marital status was no longer consistent with her role at the school and that she should consider moving on——
A teacher at a Brethren school in WA was separated from his wife an in the process of obtaining a divorce. He commenced a relationship with another partner. He was dismissed by the school.
A teacher employed by a Catholic diocesan school was dismissed as a consequence of becoming pregnant via IVF.
… … …
… regional diocese is currently requiring applicants for employment to fill in a form that the union says would permit discrimination on the grounds of disability as a detailed medical history, which is not limited to issues relevant to the requirements of the job, is required to be disclosed.
… … …
Regional diocese. Divorced teacher. A male colleague's car was seen outside her house. The member was formally warned and lost her position of leadership. There were no consequences for the male colleague.
In an Islamic school, an issue arose concerning a lesbian teacher whose partner is pregnant. The employer advised her that she could not claim leave. In the event that she does seek leave she has confirmed with school that dismissal will follow.
… effectively legislated bigotry, by enabling religious statements of belief to be used as a cloak for sexism, racism, homophobia and other prejudices.
That this House record its deep regret at the passing, on 20 November last year, of the Hon. Dr Donald James (Don) Grimes AO, a former senator for Tasmania, Minister for Social Security, Minister for Community Services and ambassador to the Netherlands, and place on record its appreciation of his service to Australia, and offer its heartfelt sympathy to his family in their bereavement.
He has done all of those things without great fuss, without pomposity or high-flown rhetoric … he is kind, decent and humane.
It is considered fairly old-fashioned to talk about a loving and caring society. In fact, it is fashionable to suggest that we no longer have that sort of society; that it is impossible to develop and improve society in that direction. I believe very firmly that that is not true.
… probably even more efficiently in my absence.
"The years of Government neglect experienced by the aged care system, culminating in the crisis today"
The savings from this measure will be redirected by the Government to repair the Budget and fund policy priorities.
The Government will achieve efficiencies of $1.2 billion over four years through changes to the scoring matrix of the Aged Care Funding Instrument (ACFI) that determines the level of funding paid to aged care providers… The savings from this measure will be redirected by the Government to fund Health policy priorities.
That the house take note of the report.
That the order of the day be referred to the Federation Chamber for further debate.
Labor members note that the original version of the Assistance and Access Bill extended the industry assistance powers to state and territory anti-corruption commissions. And in early 2019, a few months after the passage of the Assistance and Access Bill, the current Government introduced Telecommunications and Other Legislation Amendment (Miscellaneous Amendments) Bill 2019 – the primary purpose of which was to extend the industry assistance powers to state and territory anti-corruption commissions.
In other words, the position of Liberal members is at odds with the position taken by the Morrison Government in late 2018 and early 2019 – but which the Morrison Government appears to have now walked away from.
So, what has changed?
More than 1,000 days after promising to establish a federal anti-corruption commission, the Prime Minister has not even introduced a bill into the Parliament. Instead, the Prime Minister has launched an extraordinary series of improper attacks on the NSW Independent Commission Against Corruption – and on anti-corruption bodies more generally.
Against that background, the fact that the Government has walked away from its position that anti-corruption bodies should have access to the industry assistance powers appears to be politically motivated (noting that it could undermine the Prime Minister's misplaced, misleading and hysterical criticisms of the NSW ICAC if he followed through on his now-forgotten commitment to hand new powers to that very body).
As the Independent Monitor noted in his report, "integrity commissions identified concrete disadvantage that flows from their exclusion from the power to issue industry assistance notices". Liberal members have offered no explanation for their refusal to address that "concrete disadvantage".
Intelligence oversight runs the risk of ceasing to be strong and credible if it fails to adapt and respond to the changing nature and activities of intelligence agencies.
The key elements of Australia's intelligence oversight system were put in place in the 1980s following the—
Hope Royal Commissions. The most significant change since was the creation of the Independent National Security Legislation Monitor in 2010.
The demands on Australia's oversight system have not stayed static in the decade since.
… it is unsurprising that both of the major intelligence reviews delivered in the past five years have recommended reform of Australia's oversight arrangement. The 2017 Independent Intelligence Review (Independent Intelligence Review) and the 2020 Comprehensive Review of the Legal Framework of the National Intelligence Community (Comprehensive Review) have each set out detailed recommendations to expand the remit of Australia's existing oversight bodies.
That the House take note of the report.
That the order of the day be referred to the Federation Chamber for debate.
… enabling consent to be given in relation to the use of a restrictive practice on behalf of a person who is deemed to lack capacity to give consent engages and limits the rights of persons with disabilities, including the right to equal recognition before the law and the right to consent to medical treatment.
This means 'there are no permissible circumstances under international human rights law in which this right may be limited'.
The right to legal capacity is a threshold right, that is, it is required for the enjoyment of almost all other rights in the Convention, including the right to equality and non-discrimination. Articles 5 and 12 are fundamentally connected, because equality before the law must include the enjoyment of legal capacity by all persons with disabilities on an equal basis with others. Discrimination through denial of legal capacity may be present in different ways, including status-based, functional and outcome-based systems. Denial of decision-making on the basis of disability through any of these systems is discriminatory.
Religious Discrimination Bill 2021
Religious Discrimination (Consequential Amendments) Bill 2021
Human Rights Legislation Amendment Bill 2021
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.
… undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.
… legal protection of religious freedom in Australia is limited. Australia is unusual among modern Western democracies in that it lacks a codified bill or charter of rights. While a culture of religious freedom has thrived, and the common law has respected religious freedom to a large extent, the legislative framework to ensure this continues is vulnerable.
The Constitution does place 'fetters' on the Commonwealth government, preventing it from restricting religious practice to some extent. But this is a fairly narrow protection, and it does not provide a positive protection of the right, nor does it prevent the States and Territories from restricting religion.
This is most apparent with the advent of non-discrimination laws which do not allow for lawful differentiation of treatment by religious individuals and organisations. It is also manifested in a decreasing threshold for when religious freedom may be limited. For example, the Victorian Charter of Rights and Responsibilities allows 'reasonably necessary' limitations while the ACT Human Rights Act has the even lower threshold of 'reasonable' limitations, compared to the ICCPR's requirement that limitations be 'necessary'. While religious exemptions within non-discrimination laws provide some protection, these place religious freedom in a vulnerable position with respect to the right to nondiscrimination, and do not acknowledge the fundamental position that freedom of religion has in international human rights law.
… aims not so much at truth but at peace. It is a political necessity, not a religious imperative, and it arises when people have lived through the alternative: the war of all against all.
… the Bill fails to strike the right balance between people's rights, protections & responsibilities, and may embolden discrimination in the broader community should it pass without substantial amendments.
Our fears remain for the safety and wellbeing of the LGBTIQ community, people with disabilities, women, and minority faith communities.
Love suffers long and is kind; love does not envy; love does not parade itself, is not puffed up;
does not behave rudely, does not seek its own, is not provoked, thinks no evil;
does not rejoice in iniquity, but rejoices in the truth;
bears all things, believes all things, hopes all things, endures all things.
Love never fails.
To assist with this process and in keeping with my Second Reading Speech, where I stated there is no place in our education system for any form of discrimination against a student on the basis of their sexuality or gender identity, the Government will move an amendment to remove the provision of the Sex Discrimination Act which was included in 2013 which limited the protections provided under this act for these and other matters.
As you are aware, I believe that protection against religious discrimination should be a uniting, and not dividing, moment for the nation.
Faith leaders have expressed to you, and me, their strong desire for the Parliament to consider legislation that prevents religious discrimination in a non-partisan manner.
I remain willing, as always, to discuss this important matter in person.
Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds …
People should not be cancelled or persecuted or vilified because their beliefs are different from someone else's in a free liberal democratic society such as Australia.
If I speak in the tongues of men or of angels, but do not have love, I am only a resounding gong or a clanging cymbal. If I have the gift of prophecy and can fathom all mysteries and all knowledge, and if I have a faith that can move mountains, but do not have love, I am nothing. If I give all I possess to the poor and give over my body to hardship that I may boast, but do not have love, I gain nothing.
Love is patient, love is kind. It does not envy, it does not boast, it is not proud. It does not dishonor others, it is not self-seeking, it is not easily angered, it keeps no record of wrongs. Love does not delight in evil but rejoices with the truth. It always protects, always trusts, always hopes, always perseveres.
Love never fails …
And now these three remain: faith, hope and love. But the greatest of these is love.
That so much of the standing orders be suspended as would prevent the following from occurring in relation to business for today:
(1) consideration of the following bills in order, without intervening business:
(a) Religious Discrimination Bill 2021;
(b) Religious Discrimination (Consequential Amendments) Bill 2021;
(c) Human Rights Legislation Amendment Bill 2021;
(d) Treasury Laws Amendment (Enhancing Superannuation Outcomes For Australians and Helping Australian Businesses Invest) Bill 2021;
(e) National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Bill 2021; and
(f) Corporate Collective Investment Vehicle Framework and Other Measures Bill 2021;
(2) following consideration of the bills listed in paragraph (1), the House to immediately adjourn until 9.30 am on Thursday, 10 February 2022;
(3) from the determination of the Human Rights Legislation Amendment Bill 2021 until the adjournment of the House:
(a) any division called shall be deferred until 9.30 am on Thursday, 10 February 2022; and
(b) if any Member draws the attention of the Speaker to the state of the House, the Speaker shall announce that he will count the House at 9.30 am on Thursday, 10 February 2022; and
(4) any variation to this arrangement to be made only on a motion moved by a Minister.
Religious Discrimination Bill 2021
Religious Discrimination (Consequential Amendments) Bill 2021
Human Rights Legislation Amendment Bill 2021
The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.
… No one can have a right to deprive others of their important liberty as a prophylactic means of protecting his own … The proper response to the mostly avoidable conflict between gay rights and religious liberty is to protect the liberty of both sides.
I remain confident that, with some tweaking of current laws, Australians will be able to continue to enjoy freedom of religion and belief, and freedom from religion and belief with or without new legislation. If there is to be a new Act, legislators must ensure that it encourages tolerance and denies bigotry any oxygen. If we can adhere to this commitment, the long and winding road that leads to a plateau of religious freedom that is acceptable to all will be less difficult to navigate.
People should not be cancelled or persecuted or vilified because their beliefs are different from someone else's in a free liberal democratic society such as Australia.
… Nothing in section 21 renders it unlawful for a person to discriminate against another person on the ground of the other person's sexual orientation, gender identity, marital or relationship status or pregnancy in connection with the provision of education or training… that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, if the first‑mentioned person so discriminates in good faith in order to avoid injury to the religious susceptibilities of adherents of that religion or creed.
This is an opportunity to advance unity of this nation, not to pit people against each other. This bill as it stands right now, if it is not amended by either the House or the Senate, will only succeed in driving us apart. Ours is a wonderful country, but there is an even better Australia almost within our grasp. This bill in its present form will push it further out of reach. That is not our instinct as a people. It is not who we are. Let's put aside divisiveness and this pointless, petty partisanship. This is a moment for leadership; this is an opportunity for the Prime Minister to show some. It's an opportunity for unity of purpose. We must change this bill.
Clause 12 makes lawful 'statements of belief' which would otherwise be unlawful, by overriding all federal, state and territory discrimination laws. This privileges manifestation of religious belief over other human rights, including the right to equality and non-discrimination, and is contrary to international human rights law.
Dear Sir,
… … …
Like you, I am a Christian.
Like you, I greatly value the freedoms I have in Australia to go to church, read the Bible and share my faith.
Unlike you, I am gay. Unlike you, I am a survivor of the cruel and damaging process known as Gay Conversion Therapy. nlike you, I believe, as a Christian, that God welcomes me as I am. God does not require me to change my sexual orientation to be a Christian. Nor is God planning to cast me into some mythical Lake of Fire simply because I am gay.
I am very concerned that your government seems very keen to rush an ill-considered bill through parliament to 'protect' religious freedoms even though such freedoms are not under threat.
Further, I am concerned at the haste. Last year, your government referred such matters to the Australian Law Reform Commission. Why can't you at least wait for their report?
As a gay man who is also a Christian, I have, sadly, been treated with astonishing cruelty by some Christians. People with whom I had been friends for decades now shun me. I have been called a fraud, a pervert, an unrepentant sodomite and the spawn of Satan by people who are supposedly my brothers and sisters in Christ.
I would be happy to meet with you and the Attorney-General …
People with disability are often subjected to unwelcome & uninvited statements of religious belief that demean disability as the result of sin, possession, or karma. While these may seem extreme religious views and statements, they are views commonly expressed to people with disability and the Bill will legitimise these views as long as they are personally held beliefs of religious doctrine and are made in good faith.
Mr. Michael Small from Disability Voices Tasmania advised; 'Some documented examples of current abuse are direct statements to people with disability that their disability is a "punishment from God for their, or their parents', sins"; their disability can be "healed by prayer" or by "living virtuously" or that they "deserve to suffer from their disability for what they have done in a previous life". Our concerns are that these existing discriminatory practices will be furthered and protected by this current Bill'.
I am one of the millions of Australians who live with a significant physical disability. I have three fingers emanating from both shoulders and foreshortened legs. We, as Australians with disability, are amongst the most vulnerable in the community. I wish I was exaggerating when I tell you that for every one of my 60 years of life I have been regularly approached by people – mostly when they first meet me – who have made comments such as, 'if you came to our church, you could be healed'.
These offensive, hurtful, and degrading statements imply I am not 'whole' and that I need to be 'repaired' to fit the norm. I work very hard to not absorb these comments and to remain content with who I am. But it is tiring to have to do so and some days I feel quite hurt by such comments.
I am completely gobsmacked that the proposed Religious Discrimination Bill is even being considered! I find it incomprehensible that this proposed bill will override all anti-discrimination legislation already in place at both Commonwealth and State levels!
I need to ask – are we not learning from the tragic stories that have thus far been told to the Disability Royal Commission into Abuse, Neglect and Exploitation of People with Disability? This proposed bill has already triggered my own emotional experiences of the historic, extensive and continuing abuse of my community of people with disability.
People should not be cancelled or persecuted or vilified because their beliefs are different from someone else's in a free liberal democratic society such as Australia.
It's made us feel really lonely. I don't know how else to describe it. It's kind of like you don't matter. But we just have to keep going. If another scenario like that happens, I wouldn't be able to live with myself if I knew that I hadn't tried everything. At the moment, we haven't acted.
The parliament and the public have so clearly rejected homophobia. The tiny minority of people who think that religion is like a toy plastic sheriff's badge to wave at other people rather than a source of personal moral reflection will be tutting their fingers at someone else soon enough. Indeed, it is clear from the way that the 'no' campaign desperately tried to make the marriage equality survey about anything other than marriage between LGBTIQ Australians that the reactionaries have already chosen their new target—trans kids.
And he took bread, gave thanks and broke it, and gave it to them, saying, "This is my body given for you; do this in remembrance of me."
These is a significant gap of coverage in this area. Attributes such as race, religion … and others are used to target segments of the community. In the most serious cases, online hate against these groups involves incitement not only to hate but also to violence.
… a takedown power covering incitement to hate, against both individuals and groups, is urgently needed.
It was not until I was 18 that I chose to confront that fear. It was a fear that took an energetic 12-year-old and hollowed his confidence to eventually doubt his legitimate place in the world.
The House divided. [01:12]
(The Speaker—Hon. Andrew Wallace)
The House divided. [01:20]
(The Speaker—Hon. Andrew Wallace)
(1) Schedule 1, page 4 (after line 10), after item 5, insert:
Fair Work Act 2009
5A Section 12
Insert:
educational institution means a school, college, university or other institution at which education or training is provided.
5B Paragraph 153(2)(b)
After "institution", insert "(that is not an educational institution)".
5C Paragraph 195(2)(b)
After "institution", insert "(that is not an educational institution)".
5D Paragraph 351(2)(c)
After "institution", insert "(that is not an educational institution)".
5E Paragraph 772(2)(b)
After "institution", insert "(that is not an educational institution)".
(2) Schedule 1, item 6, page 5 (lines 4 to 7), omit subsection 47C(4).
(3) Schedule 1, page 6 (after line 10), at the end of the Schedule, add:
10 At the end of section 23
Add:
(4) Paragraph (3)(b) does not apply to accommodation provided by an educational institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed:
(a) in connection with the provision of education or training by the educational institution; or
(b) in connection with employment by the educational institution.
11 After subsection 37(2)
Add:
(3) Paragraph (1)(d) does not apply to an act or practice of an educational institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, if:
(a) the act or practice is connected with the employment of a member of the staff of the educational institution; or
(b) the act or practice is connected with the position of a contract worker that involves the doing of work in the educational institution; or
(c) the act or practice is connected with the provision of education or training by the educational institution; or
(d) without limiting paragraphs (a), (b) or (c) of this subsection—immediately before the commencement of the Human Rights Legislation Amendment Act 2022, the act or practice:
(i) was not unlawful under this Act; but
(ii) would have been unlawful apart from section 38.
Note: Former section 38 provided that certain provisions of this Act did not render it unlawful for a person to discriminate in certain circumstances connected with an educational institution conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed if the person discriminated in good faith in order to avoid injury to the religious susceptibilities of adherents of that religion or creed.
12 Section 38
Repeal the section.
The House divided. [01:40]
(The Speaker—Hon. Andrew Wallace)
(1) Page 21 (after line 8), at the end of Part 3, add:
17A Religious objections to COVID-19 vaccination
(1) To avoid doubt, if:
(a) conduct is engaged in because a person has not received a COVID vaccination; and
(b) the reason, or one of the reasons (whether or not it is the dominant or a substantial reason) the person has not received a COVID vaccination is that the person genuinely considers that doing so would be inconsistent with a religious belief held by the person;
then, for the purposes of this Act, the conduct is taken to be engaged in for the reason of that religious belief.
(2) This section applies in relation to conduct engaged in because a person has not received a COVID vaccination of a particular type (for example, vaccination with a particular brand of vaccine, or a first, second or third etc. booster) in the same way as this section applies in relation to conduct engaged in because a person has not received any COVID vaccination.
(3) Sections 37 and 38 do not apply to discrimination constituted by conduct to which subsection (1) of this section applies.
Vaccine passports
(4) Without limiting subsection (1), conduct is taken to be engaged in because a person has not received a COVID vaccination if:
(a) the person has not received a COVID vaccination; and
(b) the conduct is engaged in because:
(i) the person does not demonstrate that the person has received a COVID vaccination; or
(ii) does not demonstrate in a particular way (such as by producing a particular type of vaccination certificate) that the person has received a COVID vaccination.
Definitions
(5) In this section:
COVID means the coronavirus commonly known as COVID-19 (including any subsequent variants of that coronavirus).
(10) Clause 14, page 19 (after line 7), at the end of the clause, add:
Burden of proof
(3) For the purposes of subsection (1), the person who imposes, or proposes to impose, the condition, requirement or practice has the burden of proving that the condition, requirement or practice is reasonable.
(12) Clause 19, page 23 (after line 26), at the end of the clause, add:
Conduct to which this section does not apply
(3) This section does not apply to reasonable management action:
(a) carried out to comply with legal obligations under Australian law; or
(b) authorised under Australian law.
(17) Page 40 (after line 11), after clause 44, insert:
44A Notice of decisions to be published
(1) The Commission, not later than one month after it makes a decision under section 44, must publish on its website a notice of the making of the decision:
(a) setting out its findings on material questions of facts; and
(b) referring to the evidence on which those findings were based; and
(c) giving the reasons for the making of the decision; and
(d) containing a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of any person or persons whose interests are affected by the decision.
(2) Any failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.
(18) Clause 47, page 40 (line 26), omit "or the Minister".
(19) Clause 48, page 41 (line 5), omit "section 47;", substitute "section 47.".
(20) Clause 48, page 41 (line 6), omit paragraph (c).
(21) Clause 68, page 56 (line 3), omit "to the extent that the law", substitute "that".
(1) Clause 5, page 5 (line 8), omit "section 12", substitute "subsection 12(1)".
(2) Clause 7, page 11 (lines 22 to 27), omit all the words from and including "(about employment)" to the end of subclause (6), substitute:
(about employment), the conduct must be in accordance with a written policy that:
(a) outlines the religious body's position in relation to particular religious beliefs or activities; and
(b) explains how the position in paragraph (a) is or will be enforced by the religious body; and
(c) is publicly available, including at the time employment opportunities with the religious body become available.
(3) Clause 7, page 11 (lines 28 and 29), omit subclause (7).
(4) Clause 9, page 13 (lines 32 to 36), omit paragraphs (3)(d) and (e), substitute:
(d) the conduct is in accordance with a written policy that:
(i) outlines the body's position in relation to particular religious beliefs or activities; and
(ii) explains how the position in subparagraph (i) is or will be enforced by the body; and
(iii) is publicly available, including at the time employment or partnership opportunities (as the case may be) with the body become available.
(5) Clause 9, page 14 (lines 22 to 26), omit paragraphs (5)(d) and (e), substitute:
(d) the conduct is in accordance with a written policy that:
(i) outlines the body's position in relation to particular religious beliefs or activities; and
(ii) explains how the position in subparagraph (i) is or will be enforced by the body; and
(iii) is publicly available, including at the time employment or partnership opportunities (as the case may be) with the body become available.
(6) Clause 9, page 14 (lines 34 to 36), omit subclause (7).
(7) Clause 11, page 15 (lines 22 to 34), omit subclause (1), substitute:
(1) Despite any prescribed State or Territory law, it is not unlawful for a religious body that is an educational institution, when engaging in conduct described in section 19 (about employment), to give preference, in good faith, to persons who hold or engage in a particular religious belief or activity if the conduct is in accordance with a written policy that:
(a) outlines the religious body's position in relation to particular religious beliefs or activities; and
(b) explains how the position in paragraph (a) is or will be enforced by the religious body; and
(c) is publicly available, including at the time employment opportunities with the religious body become available.
(8) Clause 12, page 16 (line 22) to page 17 (line 10), omit subclause (1), substitute:
(1) The making of a statement of belief, in and of itself, does not constitute discrimination for the purposes of any of the following:
(a) this Act;
(b) the Age Discrimination Act 2004 ;
(c) the Disability Discrimination Act 1992 ;
(d) the Racial Discrimination Act 1975 ;
(e) the Sex Discrimination Act 1984 ;
(f) a provision of a law of the Commonwealth prescribed by the regulations for the purposes of this paragraph.
Note: This section does not protect a statement that has no relationship to religious belief (see the definition of statement of belief in subsection 5(1)).
(1A) The making of a statement of belief, in and of itself, is not unlawful, despite any provision of the following laws of a State or Territory that regulates or prohibits discrimination:
(a) the Anti-Discrimination Act 1977 (NSW);
(b) the Equal Opportunity Act 2010 (Vic.);
(c) the Anti-Discrimination Act 1991 (Qld);
(d) the Equal Opportunity Act 1984 (WA);
(e) the Equal Opportunity Act 1984 (SA);
(f) the Anti-Discrimination Act 1998 (Tas.);
(g) the Discrimination Act 1991 (ACT);
(h) the Anti-Discrimination Act 1992 (NT);
(i) a law of a State or Territory prescribed by the regulations for the purposes of this paragraph.
(1B) The making of a statement of belief, in and of itself, is not unlawful, despite any of the following:
(a) subsection 17(1) of the Anti-Discrimination Act 1998 (Tas.);
(b) a provision of a law of a State or Territory prescribed by the regulations for the purposes of this paragraph.
(9) Clause 12, page 17 (line 11), omit "Subsection (1)", substitute "This section".
(11) Clause 18, page 22 (line 19), omit "section 12", substitute "subsection 12(1)".
(13) Clause 40, page 38 (lines 4 to 8), omit paragraphs (2)(d) and (e), substitute:
(d) the conduct is in accordance with a written policy that:
(i) outlines the first person's position in relation to particular religious beliefs or activities; and
(ii) explains how the position in subparagraph (i) is or will be enforced by the first person; and
(iii) is publicly available.
(14) Clause 40, page 38 (lines 9 and 10), omit subclause (3).
(15) Clause 40, page 38 (lines 27 to 31), omit paragraphs (5)(c) and (d), substitute:
(c) the conduct is in accordance with a written policy that:
(i) outlines the first person's position in relation to particular religious beliefs or activities; and
(ii) explains how the position in subparagraph (i) is or will be enforced by the first person; and
(iii) is publicly available.
(16) Clause 40, page 38 (lines 32 and 33), omit subclause (6).
(22) Clause 68, page 56 (line 5), after "section", insert "11 or".
(1) Clause 4, page 3 (lines 25 and 26), omit "for the purposes of specified legislation, including this Act".
(2) Clause 4, page 3, after line 30, insert:
Religious vilification is unlawful, with certain exceptions (see Part 4A).
(3) Clause 5, page 5 (lines 7 and 8), omit "for the purposes of specified legislation, including this Act".
(4) Clause 7, page 10 (line 8), omit "this Act", substitute "Part 4".
(5) Clause 7, page 10 (line 18), omit "facilities", substitute "service providers".
(6) Heading to clause 8, page 11 (line 30), omit "facilities", substitute "service providers".
(7) Clause 8, page 12 (lines 1 and 2), omit paragraph (a), substitute:
(a) establishing, directing, controlling or administering a hospital; or
(aa) if the religious body solely or primarily provides aged care services—the provision of the services; or
(8) Heading to clause 9, page 12 (line 17), omit "facilities", substitute "service providers".
(9) Clause 9, page 12 (line 22), omit "facilities", substitute "service providers".
(10) Clause 9, page 12 (line 24), omit "this Act", substitute "Part 4".
(11) Clause 9, page 12 (line 28), omit "facility", substitute "service provider".
(12) Clause 9, page 13 (lines 4 to 7), omit paragraph (2)(b), substitute:
(b) a body (a religious aged care service provider ) that solely or primarily provides aged care services in accordance with the doctrines, tenets, beliefs or teachings of a particular religion;
(13) Heading to subclause 9(3), page 13 (line 15), omit " facilities ", substitute "service providers ".
(14) Clause 9, page 13 (line 18), omit "facility", substitute "service provider".
(15) Clause 9, page 14 (line 8), omit "facility", substitute "service provider".
(16) Clause 12, page 16 (line 22) to page 17 (line 10), omit subclause (1), substitute:
(1) To avoid doubt, making a statement of belief does not, in and of itself, constitute discrimination for the purposes of this Act.
(17) Clause 12, page 17 (line 15), omit ".", substitute "; or".
(18) Clause 12, page 17 (after line 15), after paragraph (2)(c), insert:
(d) that is unlawful under Part 4A (religious vilification).
(19) Clause 16, page 20 (line 12), omit "this Act", substitute "Part 4".
(20) Clause 18, page 22 (line 18), omit "for the purposes of specified legislation, including this Act".
(21) Page 41 (after line 7), after Part 4, insert:
Part 4A — Religious vilification
48A Religious vilification unlawful
(1) It is unlawful for a person to engage in conduct, on the ground of the religious belief or activity of another person or group of persons, that:
(a) is not in private; and
(b) a reasonable person would consider would threaten, intimidate, harass or vilify the other person or group.
Note: Complaints can be made to the Australian Human Rights Commission about conduct that is unlawful under this Part (see the definition of unlawful discrimination in subsection 3(1) of theAustralian Human Rights Commission Act 1986 , and section 46P of that Act).
(2) For the purposes of subsection (1), an act is taken not to be done in private if it:
(a) causes words, sounds, images or writing to be communicated to the public; or
(b) is done in a public place; or
(c) is done in the sight or hearing of people who are in a public place.
(3) Public place includes any place to which the public have access as of right or by invitation, whether express or implied and whether or not a charge is made for admission to the place.
48B Exceptions
(1) A person does not contravene section 48A if the person establishes that the person engaged in the conduct reasonably and in good faith:
(a) in the performance, exhibition or distribution of an artistic work; or
(b) in the course of any statement, publication, discussion or debate made or held, or any other conduct engaged in:
(i) for any genuine academic, artistic, religious or scientific purpose; or
(ii) for any purpose that is in the public interest; or
(iii) in making or publishing a fair and accurate report of any event or matter of public interest.
(2) For the purposes of subparagraph (1)(b)(i), a religious purpose includes, but is not limited to, conveying or teaching a religion or proselytising.
(22) Clause 49, page 42 (line 6), after "Part 4", insert "or 4A".
(23) Clause 50, page 43 (line 10), after "Part 4", insert "or 4A".
(24) Clause 51, page 44 (line 11), after "Part 4", insert "or 4A".
(25) Clause 70, page 57 (line 27), after "Part 4", insert "or 4A".
(26) Clause 70, page 58 (line 6), after "Part 4", insert "or 4A".
(27) Clause 73, page 59 (line 32), after "Part 4", insert "or 4A".
The House divided. [02:20]
(The Speaker—Hon. Andrew Wallace)
(2) Clause 4, page 3, after line 30, insert:
Religious vilification is unlawful, with certain exceptions (see Part 4A).
(4) Clause 7, page 10 (line 8), omit "this Act", substitute "Part 4".
(10) Clause 9, page 12 (line 24), omit "this Act", substitute "Part 4".
(17) Clause 12, page 17 (line 15), omit ".", substitute "; or".
(18) Clause 12, page 17 (after line 15), after paragraph (2)(c), insert:
(d) that is unlawful under Part 4A (religious vilification).
(19) Clause 16, page 20 (line 12), omit "this Act", substitute "Part 4".
(21) Page 41 (after line 7), after Part 4, insert:
Part 4A — Religious vilification
48A Religious vilification unlawful
(1) It is unlawful for a person to engage in conduct, on the ground of the religious belief or activity of another person or group of persons, that:
(a) is not in private; and
(b) a reasonable person would consider would threaten, intimidate, harass or vilify the other person or group.
Note: Complaints can be made to the Australian Human Rights Commission about conduct that is unlawful under this Part (see the definition of unlawful discrimination in subsection 3(1) of theAustralian Human Rights Commission Act 1986 , and section 46P of that Act).
(2) For the purposes of subsection (1), an act is taken not to be done in private if it:
(a) causes words, sounds, images or writing to be communicated to the public; or
(b) is done in a public place; or
(c) is done in the sight or hearing of people who are in a public place.
(3) Public place includes any place to which the public have access as of right or by invitation, whether express or implied and whether or not a charge is made for admission to the place.
48B Exceptions
(1) A person does not contravene section 48A if the person establishes that the person engaged in the conduct reasonably and in good faith:
(a) in the performance, exhibition or distribution of an artistic work; or
(b) in the course of any statement, publication, discussion or debate made or held, or any other conduct engaged in:
(i) for any genuine academic, artistic, religious or scientific purpose; or
(ii) for any purpose that is in the public interest; or
(iii) in making or publishing a fair and accurate report of any event or matter of public interest.
(2) For the purposes of subparagraph (1)(b)(i), a religious purpose includes, but is not limited to, conveying or teaching a religion or proselytising.
(22) Clause 49, page 42 (line 6), after "Part 4", insert "or 4A".
(23) Clause 50, page 43 (line 10), after "Part 4", insert "or 4A".
(24) Clause 51, page 44 (line 11), after "Part 4", insert "or 4A".
(25) Clause 70, page 57 (line 27), after "Part 4", insert "or 4A".
(26) Clause 70, page 58 (line 6), after "Part 4", insert "or 4A".
(27) Clause 73, page 59 (line 32), after "Part 4", insert "or 4A".
People should not be cancelled or persecuted or vilified because their beliefs are different from someone else's in a free liberal democratic society such as Australia.
The stories shared by Australian Muslim community members for this project have brought home to me that the undercurrents of religious discrimination, vilification and hate that manifested so horribly in the Christchurch attack, are not an aberration. They are consistent with the experiences of Islamophobia and anti-Muslim hate that is routinely experienced in Australia.
(a) in the performance, exhibition or distribution of an artistic work; or
(b) in the course of any statement, publication, discussion or debate made or held, or any other conduct engaged in:
(i) for any genuine academic, artistic, religious or scientific purpose; or
(ii) for any purpose that is in the public interest; or
(iii) in making or publishing a fair and accurate report of any event or matter of public interest.
… Australia continues to utilise a very limited definition of hate speech under the Racial Discrimination Act 1975 (Cth) that is limited to race-based speech or behaviour, and does not include a number of the aforementioned categories, including sexual orientation, disability-based, religious-based or gender-based speech.
It's made us feel really lonely. I don't know how else to describe it. It's kind of like you don't matter.
But we just have to keep going. If another scenario like that happens—
I wouldn't be able to live with myself if I knew that I hadn't tried everything.
My aunt wears a hijab, she has been spat on and had her hijab pulled off … she was born in Australia. When my aunt responded, the attacker was surprised that she could speak and defend herself.
I don't feel safe while I’m walking down the street. I'm thinking of being spat at or someone might pull my hijab off my head.
The House divided. [03:27]
(The Speaker—Hon. Andrew Wallace)
(5) Clause 7, page 10 (line 18), omit "facilities", substitute "service providers".
(6) Heading to clause 8, page 11 (line 30), omit "facilities", substitute "service providers".
(7) Clause 8, page 12 (lines 1 and 2), omit paragraph (a), substitute:
(a) establishing, directing, controlling or administering a hospital; or
(aa) if the religious body solely or primarily provides aged care services—the provision of the services; or
(8) Heading to clause 9, page 12 (line 17), omit "facilities", substitute "service providers".
(9) Clause 9, page 12 (line 22), omit "facilities", substitute "service providers".
(11) Clause 9, page 12 (line 28), omit "facility", substitute "service provider".
(12) Clause 9, page 13 (lines 4 to 7), omit paragraph (2)(b), substitute:
(b) a body (a religious aged care service provider ) that solely or primarily provides aged care services in accordance with the doctrines, tenets, beliefs or teachings of a particular religion;
(13) Heading to subclause 9(3), page 13 (line 15), omit " facilities ", substitute "service providers ".
(14) Clause 9, page 13 (line 18), omit "facility", substitute "service provider".
(15) Clause 9, page 14 (line 8), omit "facility", substitute "service provider".
The House divided. [03:45]
(The Speaker—Hon. Andrew Wallace)
That this bill be now read a third time.
The House divided. [03:53]
(The Speaker—Hon. Andrew Wallace)
Religious Discrimination (Consequential Amendments) Bill 2021
That this bill be now read a third time.
Human Rights Legislation Amendment Bill 2021
(2) Schedule 1, page 6 (after line 10), at the end of the Schedule, add:
10 At the end of section 37
Add:
(3) Paragraph (1)(d) does not apply to an act or practice of an educational institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed if the act or practice is in connection with employment, education or training provided by the educational institution.
11 Section 38
Repeal the section.
The House divided. [04:11]
(The Speaker—Hon. Andrew Wallace)
(3) Schedule 1, page 6 (after line 10), at the end of the Schedule, add:
10 At the end of section 37
Add:
(3) Notwithstanding paragraph (1)(d), it is unlawful for an educational institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed to discriminate against a student or prospective student on the ground of the student's or prospective student's sexual orientation, gender identity, marital or relationship status or pregnancy.
11 Subsection 38(3)
Repeal the subsection.
The House divided. [04:24]
(The Speaker—Hon. Andrew Wallace)
The House divided. [04:32]
(The Speaker—Hon. Andrew Wallace)
The House divided. [04:41]
(The Speaker—Hon. Andrew Wallace)
That this bill be now read a third time.
Treasury Laws Amendment (Enhancing Superannuation Outcomes For Australians and Helping Australian Businesses Invest) Bill 2021
That this bill be now read a third time.
That government business order of the day No. 5, National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Bill 2021, be postponed until the next sitting.
Corporate Collective Investment Vehicle Framework and Other Measures Bill 2021
That this bill be now read a third time.
The DEPUTY SPEAKER (Mr Llew O'Brien) took the chair at 10:00.
I declare before you all that my whole life whether it be long or short shall be devoted to your service …
I declare before you all that my whole life, whether it be long or short, shall be devoted to your service and the service of our great imperial family to which we all belong.
That further proceedings be conducted in the House.
That order of the day No. 1, committee and delegation business, be postponed until a later hour this day.