Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Hansard source

No, I don't agree with what Senator Scarr is saying. I know there have been certain participants in this debate who have been encouraging small businesses and other groups to be fearful of what this legislation may involve. That is a matter for those participants whether they want to engage in that kind of behaviour.

If the government had wanted costs to be ordered or had wanted to prevent costs being ordered against applicants, we would have said so. That is not what we have said here. We have set out a range of considerations for the court to take into account in making cost orders which do include whether the respondent has financial or other resources relevant to the applicant.

The bill recognises not all respondents in unlawful discrimination matters are large corporations or well-resourced individuals. In fact, many respondents may be small-business owners or the types of other groups that Senator Scarr has mentioned, because discrimination unfortunately from time to time is committed by sporting groups, small businesses, schools and that is why provisions exist for people to take discrimination actions. But this is why the bill adopts a cost model that would reduce the burden on successful respondents that are not well resourced and not at a power advantage over the applicant while still removing barriers to justice for victims survivors.