Bob Brown (Tasmania, Australian Greens) Share this | Hansard source

And, with that, Senator Abetz left the chamber. We are dealing with clauses 90 and 91, which effectively forbid courts to take into account cultural practice and customary law with regard to passing sentence and certain bail applications. We support the Democrats’ amendment here and oppose these clauses. I have a question for the minister: is it not true that other organisations in Australia are privileged under the law in a way that makes this legislation cut across the rights of Indigenous Australians in what can only be described as racist?

The Exclusive Brethren, for example, along with other Christian organisations, have exemptions from having unions come into their workplaces under the Work Choices legislation of this government. We know that the government is funding Exclusive Brethren schools which are set up to isolate Exclusive Brethren children from the rest of the community, which is described as ‘worldly’—meaning unworthy and not fit. This isolation means that those children do not and cannot eat with other children, cannot go to university, will not be allowed to vote and cannot go for military service. If one or other of their parents goes to a different customary view, cultural practice or religious ideology, those children are forbidden for life to see their parents again.

That matter has been raised before the Australian courts, including the Family Court. The Family Court has taken those factors into consideration in deliberations, including the passing of sentences. I ask the minister whether he is aware of whether the Prime Minister met the Elect Vessel of the Exclusive Brethren, Mr Bruce Hales, last Thursday. Is the Exclusive Brethren getting special consideration under the law at a time when Indigenous Australians are having any court consideration of customary law or cultural practice struck down by the way this law is applied?