Paul Fletcher (Bradfield, Liberal Party, Minister for Communications, Urban Infrastructure, Cities and the Arts) Share this | Hansard source

by leave—I move government amendments (1), (2), (3), (4), (5), (6), (7), (8) (9), (11), (13), (14), (15), (16) and (22):

(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".

The rationale for these amendments is to amend the Religious Discrimination Bill in response to the recommendations of the two parliamentary committees which examined this bill. Both committees recommended that the legislative package be considered for passage through parliament. Based upon the government's careful consideration of the committees' recommendations, the outcome of the government's amendments will be to reframe clauses 11 and 12, which have the effect of overriding certain state and territory laws; to clarify that it is not discrimination for an employer to take reasonable management action under any Australian law in relation to their employees; to insert a provision dealing with the burden of proof, for the test of indirect discrimination in clause 14, consistent with the approach in other Commonwealth antidiscrimination legislation; to provide greater transparency in the granting, variation or revocation of temporary exemptions under part 4, division 4 of the bill; and to provide further clarity regarding what is required to be included in the publicly available policy, to allow certain entities to rely on certain exemptions under the bill. That is a summary of the effect of these amendments.

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