Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Hansard source

I rise to indicate that the opposition will be supporting the Leader of the Government's motion. I thank him for the way in which, whatever our differences, he has dealt with these matters honourably. It is a motion that will have an inevitable and disappointing outcome, which is that Labor's bill to remove discrimination against LGBTIQ students in our schools will be delayed until next year. It is a disappointing outcome because it means LGBTIQ kids now face the prospect of returning to school next year knowing that they could be expelled or discriminated against because they are gay. Only weeks ago it was clear that there was broad support in the parliament for removal of discrimination against LGBTIQ students. Certainly, before the Wentworth by-election Mr Morrison told Australians: 'I believe it is very important we act in this parliament over the next fortnight to deal with the unnecessary anxiety that has been created for children and their parents in relation to potential discrimination and expulsion of students on the basis of their sexuality. We think that needs to be addressed and we think it needs to be addressed urgently.'

Labor welcomed Mr Morrison's commitment and we hope that together we can resolve this matter, because Australians were shocked to learn that our young people could face discrimination in this way at school. It came to public attention only because parts of the government's religious freedom review expert panel report, which I think two Liberal Prime Ministers, Mr Turnbull and Mr Morrison, have sat on now for over six months, were leaked. The government refuses to release the report and allow a mature and informed debate on this issue.

The public response was overwhelming, and it reflects the outcome of the postal survey on marriage equality. Australians overwhelmingly support equality. Australians overwhelmingly support the removal of discrimination from our laws. That was reflected last year in the results of the postal survey. Labor is committed to removing these outdated exemptions and we welcome Mr Morrison's commitment to do the same.

However, this is the situation we face: Centre Alliance Senators Griff and Patrick have made public that they will support the government's amendment to insert a new provision that exempts teaching activity in religious schools from the Sex Discrimination Act. The advice from legal experts is clear. This amendment, passed with the support of Senators Griff and Patrick, would destroy the intent of the bill—that is, to remove discrimination against LGBTIQ students. Worse still, the advice is that the government's amendment which would pass with the support of Centre Alliance would worsen discrimination against LGBTIQ students, allowing positive discrimination by staff and even allowing teachers to refuse to teach LGBTIQ students. Today LGBTIQ groups and the Human Rights Law Centre have made clear that, if this amendment were to succeed, the bill should be opposed. The opposition have worked to inform Centre Alliance's position. I want to express our disappointment that the consistent position of legal experts and stakeholders have not been able to convince Senators Griff and Patrick and Ms Sharkie of the impact of the amendments they support. It is disappointing that they have disengaged from negotiations notwithstanding the legal advice that has been provided to them.

Our position is clear. Labor's position is clear. We want to lessen discrimination, not increase it. We want to protect our kids, not exclude them from class. Labor will always fight for equality and we will continue to fight to remove discrimination against our kids.