House debates

Wednesday, 9 February 2022

Bills

Human Rights Legislation Amendment Bill 2021; Consideration in Detail

4:00 am

Photo of Rebekha SharkieRebekha Sharkie (Mayo, Centre Alliance) Share this | Hansard source

I move Centre Alliance amendment (2):

(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.

I am pleased to see that amendments to sections 37 and 38 of the Sex Discrimination Act have been put forward by the government and the opposition. However, I would argue that those amendments do not go far enough. We should not cherrypick and provide protections for students while the teachers who teach those children are left with no protection from sexual discrimination. What message does that send to the students if they see that their teacher is dismissed because of their sexuality, gender or marital status? Think about it. The young people see the hypocrisy here—protection for some and not for others.

We need to ensure that teachers and contract workers in educational settings are protected from sexual discrimination in their employment. We need to make sure that students are protected. So this amendment will rightly protect students and teachers and contract workers in religious schools from being subjected to discrimination on the grounds of their sexual orientation, gender identity, marital or relationship status or indeed pregnancy status by amending section 37 and removing section 38 in its entirety.

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