Mark Dreyfus (Isaacs, Australian Labor Party, Shadow Attorney General) Share this | Hansard source

I understand this is the first of two amendments that the member for Mayo is moving. This one, the one we are going to deal with first, would repeal the whole of section 38 of the Sex Discrimination Act. I have to indicate that Labor is opposed to the repeal of the whole of section 38, although we are in favour of the repeal of section 38(3), which is what the next amendment deals with. I want to explain Labor's reasons for that position.

Before the last election the Prime Minister promised to make it unlawful to discriminate against all students. He should deliver on that promise and he should deliver on the promise now, in the early hours of 10 February. If Labor is successful at the next election, Labor will change the law to protect teachers or school staff from being sacked because of who they are too—because they're divorced or pregnant or gay, or because of their gender or similar. Most religious schools don't sack teachers or other staff because of who they are, and they never want to, but Labor absolutely recognises that religious schools have a right to give preference to hiring school staff of their own faith. Because the two rights that I just referred to interact in a complex way, we believe this issue should not be addressed in the way that is proposed here, with the greatest of respect to the member for Mayo, but rather will need to be considered carefully by the Australian Law Reform Commission. This issue should already have been considered by the Australian Law Reform Commission. The Law Reform Commission was commissioned by this government in March 2019 and was due to hand its report to the parliament in March 2020, but the government, regrettably, has on multiple occasions extended the reporting date. We intend to continue to consult with schools, teachers, legal experts and religious organisations while waiting for the Law Reform Commission to report back on this complex matter and the balancing of competing rights that it requires.

If Labor are successful at the next election we will address these important issues, but this sweeping amendment is not the right way of doing it. There needs to be consideration of the very complex interaction between the Fair Work Act, the Sex Discrimination Act and, if these bills become law, the religious discrimination legislation. For that reason, it shouldn't proceed in this rushed way but, rather, should await consideration by the Australian Law Reform Commission. As I've indicated, Labor opposes this amendment, which would repeal the whole of section 38.

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