Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Hansard source

I would hate to think that was the case, Senator Brandis—I am much happier when I am disagreeing with you! As I said, the government are considering the National human rights consultation report. We think any changes to discrimination laws should only be considered as part of that broader process. Criminal record discrimination already forms part of the Commonwealth’s antidiscrimination framework. It is listed in the Australian Human Rights Commission’s regulations as part of the definition of discrimination in employment. So any person who does feel discriminated against by an employer can raise the matter with the Human Rights Commission and seek to have the issue conciliated. As Senator Ludlam pointed out, the vast majority of offences disclosed by the Working With Children Check were actually state and territory crimes and any consideration of changes would obviously require state and territory consultation before they could progress.

We do not support the amendment. We think the sorts of issues that this amendment seeks to raise would be better off considered as part of the broader response to the Human rights consultation report and should not be done on a piecemeal basis. We think that protections are already there and that the Human Rights Commission will police any concerns that might arise in that respect.