Tony Sheldon (NSW, Australian Labor Party) Share this | Link to this | Hansard source

My question is to the Attorney-General, Senator Cash. On 13 October 2018, during the Wentworth by-election, Mr Morrison promised, 'I will be taking action to ensure amendments are introduced as soon as practical to make it clear that no student of a non-state school should be expelled on the basis of their sexuality.' Why did the Morrison-Joyce government promise that when it wasn't true?

Michaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

I disagree with the statement you have made. The Prime Minister was very clear in the work he has been undertaking. In the first instance, we said that we would refer what Senator Sheldon has referred to to the Australian Law Reform Commission. The reason we have done that is that they are now undertaking a broad review of all exemptions for religious bodies in discrimination law across Australia. At the same time, we implemented the religious freedom review and today was the culmination of that—the Prime Minister himself introducing into the House of Representatives the Religious Discrimination Bill to ensure that Australians of faith and those not of faith should not be discriminated against because of their religion. Senator Sheldon, as you know, the Prime Minister has been very, very clear in relation to students. I have formally written to the Australian Law Reform Commission and I have made it very, very clear the government's view in relation to students. No student should expelled from a school because of their sexuality.

Slade Brockman (President) Share this | Link to this | Hansard source

Senator Sheldon, a supplementary question?

Tony Sheldon (NSW, Australian Labor Party) Share this | Link to this | Hansard source

When the Attorney-General's assistant minister, Senator Stoker, was asked to respond to evidence that some students had been expelled over their sexuality, she said, 'Look, I'm not going to split hairs over that.' Does Senator Cash agree with Senator Stoker, that protecting LGBT kids from discrimination is splitting hairs?

Hon. Senators:

Honourable senators interjecting—

Slade Brockman (President) Share this | Link to this | Hansard source

Order! On my right.

Michaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

It is a great shame that Senator Sheldon, whom I actually have respect for, comes into this chamber and demeans the Religious Discrimination Bill and all that it stands for. It is a great shame that he has deliberately, probably for a political point, done that. I have tried to depoliticise this and bring forward a practical bill that could get bipartisan support. It is a great shame that you come into this chamber and you verbal Senator Stoker. Senator Sheldon, you will be aware, because it was former Attorney-General Dreyfus, who, in 2013, when amendments were made by the then Labor government to be Sex Discrimination Act in extending what protected attributes are, Labor were actually the ones, and we agreed with you, that should extend those exemptions to religious bodies. To come in here and play politics—shame on you.

Slade Brockman (President) Share this | Link to this | Hansard source

Senator Sheldon, a second supplementary question?

Order! Senator Wong, Senator Canavan.

Tony Sheldon (NSW, Australian Labor Party) Share this | Link to this | Hansard source

On 11 October 2018, Mr Morrison promised to change the law to protect LGBT kids from discrimination 'before the end of the year'. Can the minister confirm the earliest the Morrison-Joyce government will actually consider reform to protect LGBT kids from discrimination will be 2023, five years after Mr Morrison made his promise?

Michaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

Again, what I can confirm is this: there are a number of exemptions in place for religious bodies, including religious educational institutions, under antidiscrimination law in Australia. The Labor Party actually agrees with those exemptions. You did nothing whilst you were in government to change them. In fact, as I said, in 2013 when Mr Dreyfus was the former Attorney-General and did add some protected attributes to the Sex Discrimination Act, he made it very clear in his second reading speech that the exemptions that religious bodies, including religious educational institutions, currently had, would continue. They would be extended. So, if those on the other side are saying that you want to completely get rid of these exemptions, you are going against everything you have ever stood for. The Prime Minister has made it clear that no child and no student should be expelled from a school because of their sexuality.

Simon Birmingham (SA, Liberal Party, Minister for Finance) Share this | Link to this | Hansard source

Mr President, I ask that further questions be placed on the Notice Paper.