Janet Rice (Victoria, Australian Greens) Share this | Hansard source

The Greens will also be supporting this change in the order of business, which very sadly means that we will not be considering debate and voting on a bill to remove discrimination. But the reason we support this change is that it has become apparent that the bill that was looking like it was going to pass through this Senate would not be a bill that would remove discrimination; it would be a bill that would increase the potential for discrimination against lesbian, gay, bisexual, transgender, intersex and queer children. In fact, it would have the potential to increase discrimination on a whole range of other attributes that are covered under sex discrimination—on the basis of sex, pregnancy or breastfeeding. It actually was going to give religious schools the ability to discriminate on the basis of anything that was a teaching activity, which is any instruction in a school. So it would mean that a transgender child would not be able to wear the uniform of their choice. It would mean a transgender child could be instructed that they weren't allowed to use the toilet that was appropriate for them to use. It would mean that an instruction or direction would be able to be given that, 'You same-sex attracted children over here, we are going to teach you differently to those students over there.' It would have meant that very damaging instruction and so-called counselling would have been permitted, which is the sort of instruction that goes under the guise of conversion practices. That all would have been allowed under the guise of teaching activity done according to the religious beliefs of the school.

I am so disappointed that this parliament has not been able to do something that should have been so simple and that the majority of the Australian community want to see happen. When the Ruddock review was leaked and the Australian community learnt that religious schools can discriminate against lesbian, gay, bisexual and transgender kids, people were outraged. The opinion polls showed that 75 per cent of Australians said that schools should not be places where discrimination occurs, that LGBTI students should not be able to be discriminated against in schools and that LGBTI teachers should not be able to be discriminated against. The Australian community wants to see discrimination removed from our schools, and that's what I had hoped we would have been able to move on.

The Prime Minister himself said six weeks ago now that it was urgent to remove discrimination in schools, and yet here we are, two days from the end of sitting, and the legislation that was looking like it was going to be moved through this parliament, because of amendments moved by the government and supported by the senators from Centre Alliance, would in fact not have removed discrimination in schools. It would have increased the potential for discrimination in schools. It is incredibly disappointing.

I know that the Greens will continue to work with the LGBTI community. They are in absolute agreement, in their discussions this morning, in supporting us. If this legislation, with that government amendment, were what we were to be voting on today, they are in absolute agreement that the Greens should have been voting against it. So if that had been the case, we would have voted against it. I think it's a better outcome for the legislation not to be debated. Let's see if we can work through this. It's taking much longer than it should have. I know the vast majority of the Australian community want to see discrimination removed. They do not want to see lesbian, gay, bisexual and transgender kids being discriminated against. We will get there eventually.

It is just so disappointing that we are having to go through this awful process. Once again LGBTI people are having their lives talked about and are being used as items of political debate. It is sad. It is disappointing. But I know that we will pull together, we will pick up the pieces and keep going, and I know that we will remove discrimination. It's a year since we achieved marriage equality in this parliament—that wonderful achievement of this parliament of having marriage equality pass through this parliament. It will be another wonderful achievement when we change our antidiscrimination laws to remove discrimination against LGBTI students and teachers in schools, and I look forward to the day that that occurs.