Alan Tudge (Aston, Liberal Party, Minister for Education and Youth) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

The Religious Discrimination (Consequential Amendments) Bill 2021 makes consequential amendments necessary to support the implementation of the Religious Discrimination Bill 2021.

This bill, together with the Religious Discrimination Bill, implements recommendations 15 and 19 of the Religious Freedom Review.

This legislative package introduces, for the first time, comprehensive federal protections against discrimination on the basis of religious belief or activity. This package also establishes the position of the Religious Discrimination Commissioner within the Australian Human Rights Commission.

This bill, while containing only consequential amendments, nevertheless forms an important part of these reforms. It amends existing Commonwealth legislation to ensure that discrimination on the basis of religious belief or activity is treated in the same manner as discrimination under existing antidiscrimination law. It also contains a contingent amendment to clause 11 of the Religious Discrimination Bill to prescribe the Victorian Equal Opportunity Act 2010 only if the amendments to that act made by division 2 of part 2 of the Equal Opportunity (Religious Exceptions) Amendment Bill 2021 (Victoria) are enacted by the Victorian parliament and commence.

Respecting diversity, including diversity of religious belief, not only is fundamental to recognising the inherent dignity of the individual but also contributes to the democratic life of our community. The Australian government strongly believes that all Australians should be able to hold religious beliefs and practice their faith publicly, without fear of discrimination.

Complaints under the Religious Discrimination Act

This bill amends the Australian Human Rights Commission Act 1986 to ensure that an avenue for redress is available to individuals subject to discrimination on the basis of religious belief or activity.

The amendments in this bill extend the commission's existing complaints-handling functions to complaints of unlawful discrimination under the Religious Discrimination Act.

Accordingly, a person aggrieved under the Religious Discrimination Act will be able to make a complaint to the commission alleging that they have been discriminated against on the basis of their religious belief or activity. If a complaint cannot be successfully conciliated, the complainant may then proceed to the federal courts.

These amendments are essential to ensure that victims of religious discrimination are able to access a remedy for the violation of their rights to freedom of religion and to equality and non-discrimination.

The commission's complaints-handling procedures are free and accessible for all parties. Requiring complaints to go through conciliation prior to reaching the courts is a key measure in ensuring access to justice, and plays an educative role in enabling individuals and organisations to better understand their rights and responsibilities. Conciliation provides an important opportunity for the parties to a discrimination complaint to resolve matters amicably, without proceeding to litigation in the courts.

This bill also makes amendments to the Australian Human Rights Commission Act and the Inspector-General of Intelligence and Security Act 1986 so that complaints of discrimination on the basis of religious belief or activity are dealt with by the appropriate entity. Accordingly, the commission will be required to refer complaints regarding the conduct of Australia's intelligence agencies to the Inspector-General of Intelligence and Security and to refer complaints relating to discriminatory industrial instruments to the Fair Work Commission. This reflects the current approach under existing federal antidiscrimination law.

The bill also makes minor technical amendments to support the commission's extended complaints-handling function.

Religious Discrimination Commissioner

This bill makes the necessary amendments to the Australian Human Rights Commission Act to establish the Religious Discrimination Commissioner as a member of the commission.

These administrative amendments ensure that the Religious Discrimination Commissioner is conferred the same functions, powers, duties and privileges as the existing special-purpose commissioners. This includes, for example, the function of assisting the court as amicus curiae in certain proceedings, including those which may have significant implications for the administration of the Religious Discrimination Act.

These amendments will also ensure that the commission may delegate certain functions or powers to the commissioner, that the commissioner is protected from civil actions related to the performance of their functions or powers in good faith and that the commissioner is subject to the commission's statutory nondisclosure obligations.

Exceptions in the Fair Work Act 2009

This bill will amend the Fair Work Act to recognise the Religious Discrimination Act as an antidiscrimination law for the purposes of section 351 of the Fair Work Act.

Section 351 of the Fair Work Act provides that an employer must not take adverse action against an employee or prospective employee on the basis of a number of attributes, including on the basis of their religion.

By adding the Religious Discrimination Act to the list of antidiscrimination laws in section 351, the bill will ensure that conduct which is not unlawful under the Religious Discrimination Act will not be unlawful for the purposes of the protection from adverse action taken because of an employee's religion in the Fair Work Act. This will provide consistency across federal antidiscrimination law and ensure that persons acting in accordance with the exceptions in the Religious Discrimination Act have a defence to an adverse action claim under the Fair Work Act.

Other amendments

This bill will amend other Commonwealth legislation that refers to the existing framework of antidiscrimination laws so as to include references to the Religious Discrimination Act. This includes listing the Religious Discrimination Act for the purposes of the Sea Installations Act 1987 and providing in the Civil Aviation Act 1988that civil aviation regulations may be inconsistent with the Religious Discrimination Act if necessary for the safety of air navigation.

Amendment of the Religious Discrimination Bill

This bill also contains a contingent amendment to clause 11 of the Religious Discrimination Bill. Clause 11 provides that religious education institutions are able to preference people in employment who hold or engage in a particular religious belief or activity. The preference must be made in good faith and in accordance with a publicly available policy. Clause 11 only operates in relation to state or territory laws that are prescribed by regulation. The purpose of this amendment is to prescribe a Victorian law on the face of the Religious Discrimination Bill that, if amendments to the Victorian law are enacted, will operate to restrict an existing exemption for religious schools under the Victorian law.

This amendment will prescribe the Victorian Equal Opportunity Act 2010 only if the amendments to that act made by division 2 of part 2 of the Equal Opportunity (Religious Exceptions) Amendment Act 2021 (Vic.) are enacted by the Victorian parliament and commence. The amendment will insert a new paragraph into subclause 11(2) to refer to the Victorian Equal Opportunity Act 2010. Consequential amendments will also be made to subclauses 11(3) and (4).

Conclusion

The amendments in this bill will facilitate the implementation of the Religious Discrimination Act, which will form an essential new part of Australia's human rights and antidiscrimination architecture.

This bill will ensure that persons who have been subject to discrimination on the basis of their religious belief or activity are able to pursue an appropriate and effective remedy, whether that is under the Religious Discrimination Act or the Fair Work Act. These amendments are essential in protecting individuals who have been subject to discrimination on the basis of their religious belief or activity and ensuring the proper operation of the antidiscrimination framework.

I commend the bill to the House.

Debate adjourned.