House debates

Monday, 22 June 2015

Private Members' Business

Racial Discrimination Act 1975

10:37 am

Photo of Craig LaundyCraig Laundy (Reid, Liberal Party) Share this | Hansard source

I rise today to support this motion. I definitely, like the member opposite, support Jason Day, who is battling not only a brutal course and worthy opponents but also a severe case of vertigo whilst carrying the hopes of a country on his shoulders. I look forward to watching what unfolds over the next couple of hours, like my friend the member opposite. I believe my views on this matter are now well known, but I welcome the opportunity this motion presents to have my views recorded in this place. Australia is and always will be a country built on the back of migration. It is important that our nation celebrates this. It is also important that we support a legislative system that reflects the diverse and multicultural country that modern Australia has become.

Whilst this is a reflection of my vision for this country, it is only one of the reasons that I spoke out against proposed changes to section 18C of the Racial Discrimination Act last year. I began my journey into politics for one underlying reason: to make this country a better place for my kids and my grandkids. I believe that all Australians, regardless of ethnicity or religious backgrounds, should be able to live in a free society; but I also believe that those who are marginalised or vulnerable in our society should have a legal system that protects them from discrimination. That is a value I hope is reflected in the country that we leave to future generations and to all Australians.

From the outpouring of support for my stance against the proposed changes last year, I was reassured to know that the vast majority of people agree that modern Australians have a right to be protected from racial vilification. I was, of course, delighted when the Prime Minister subsequently removed the discussion from the table. The arguments to change the act stem from a belief that free speech should hold a central place in an open, liberal and democratic society. I agree that freedom of speech is a cornerstone of our society and that it has a fundamental role to play in modern Australia. However, I also hold the view that the current act does not restrict that freedom in any impactful way.

There are numerous examples where restrictions on freedom of speech are already existing and accepted by most Australians. Even in this House, a beacon of free speech, we may from time to time be ruled 'out of order' for phrasing an argument in a particular way.

I believe that protecting minority groups from racial vilification is one such restriction that is acceptable and appropriate, especially as individuals in these minority groups are often going through a difficult process of assimilation in their new home country and may not be in a position to ably protect themselves from such abuse. We need a safety net to provide these protections, and we should always look to avoid weakening laws that provide safeguards to the most vulnerable in our community.

Of course, legislation should be reviewed from time to time to ensure that it is continuing to achieve the intended outcomes. However, last year I did not believe that a strong case had been made that major changes to the current legislation were required, and I maintain that view today. The number of complaints made under the act is small, and the number of those complaints that proceed to litigation is even smaller—in fact, minute. Moreover, the immensely valuable and educational conciliation process that is facilitated by the act is also often overlooked.

One of the benefits of being a backbench member of parliament is that the core task of my position is to represent the people of Reid, and to take their concerns to parliament. Within my electorate, this means I have the honour of representing one of the most multicultural seats in Australia. In the period last year when the Attorney-General put this draft legislation out for consultation and forecast some potential changes, I had countless representations in forums, social media, direct contacts and in the street in speaking with the people of Reid. The majority of those people were my constituents. They were worried about these changes, and told me in no uncertain terms. The vast majority of those representations supported the act and I am sure they join with me today in acknowledging the 40th anniversary of the Racial Discrimination Act and in pledging to continue to work to ensure that Australia remains an inclusive and tolerant society.

In the time I have left I would also like to place on record my support for the role the Human Rights Commission has played over the last 40 years in the administration of the act. I recently joined the Hon. Fred Chaney and shadow Attorney-General, Mark Dreyfus and others at an event in Sydney to mark the 40th anniversary of the act and to launch a book by the Race Discrimination Commissioner, Dr Tim Soutphommasane, titled, I'm not Racist But ….

The event was a good opportunity to reflect on how far we have come as a nation, but also a reminder that it is incumbent on all of us to continue to stand up to prejudice in all forms. I am sure that all members in this place would agree.

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