Federal Attorney General acknowledges “sensible issues” raised by ECAJ on Religious Discrimination Bill

Federal Attorney General acknowledges “sensible issues” raised by ECAJ on Religious Discrimination Bill

The following article in the Sydney Morning Herald by Judith Ireland mentions the ECAJ.

Click here for the ECAJ’s sub­mis­sion in response to the Second Exposure Drafts (Religious Dis­crim­in­a­tion Bill and related Bills). 


A senior Coalition back­bench­er has called for the con­tro­ver­sial religious dis­crim­in­a­tion bill to be scrapped because it is too “flawed”, saying it should be replaced with a new, single framework for all anti-dis­crim­in­a­tion laws.

The appeal from NSW Liberal Concetta Fier­rav­anti-Wells comes as Attorney-General Christian Porter says “sensible” issues have been raised about the second draft of the bill and he will undertake yet another round of con­sulta­tions with community and religious groups before intro­du­cing it to Par­lia­ment.

Senator Fier­rav­anti-Wells, who has been a vocal critic of the Morrison gov­ern­ment’s religious dis­crim­in­a­tion plans, told The Sydney Morning Herald andThe Age a different approach was needed due to continued concerns from religious Aus­trali­ans about the proposed bill.

“I have come to the con­clu­sion that no bill is better than this flawed bill,” she said.

The NSW senator said religious leaders and stake­hold­ers “across the faith spectrum continue to raise serious concerns”.

“It is now clear that given the com­plex­it­ies of the issues, a national approach is required to ensure con­sist­ency and applic­ab­il­ity of legis­la­tion across Australia. This would see a con­sol­id­a­tion of all dis­crim­in­a­tion law, including pro­tec­tion of religious freedom.”

A second draft of the religious dis­crim­in­a­tion bill was released just before Christmasafter wide-ranging criticism from community, business and religious groups – with some saying the first bill gave Aus­trali­ans of faith too many pro­tec­tions, and others saying it gave too little.

It also followed a high-level inter­ven­tion in November from a coalition of religious leaders who threatened to withdraw their support for the bill unless greater freedoms were granted for Aus­trali­ans of faith.

While many of the major faith groups say the second bill is an improve­ment – and they have not called for a new process – they still have concerns. For example, the Aus­trali­an Catholic Bishops’ Con­fer­ence objects to the bill’s different levels of pro­tec­tion for religious employees, depending on the size of the company they work for.

Prime Minister Scott Morrison says religious freedom is something Aus­trali­ans hold dear as he announced changes to the religious dis­crim­in­a­tion act with Attorney-General Christian Porter.

The Executive Council of Aus­trali­an Jewry said there remained an “unfor­tu­nate lack of clarity” over whether Jewish hospitals and nursing homes could still pref­er­ence people of their own faith when admitting patients or choosing board members.

The Christian Schools Asso­ci­ation wants all religious activity not involving a criminal offence pun­ish­able by impris­on­ment to be protected, while the Aus­trali­an Christian Alliance says the current bill does not provide enough pro­tec­tion for indi­vidu­als or organ­isa­tions.

Meanwhile, lawyers, nurses and community organ­isa­tions are among those to raise serious concerns about what the bill will mean for vul­ner­able groups. Equality Australia chief executive Anna Brown said the bill “entrenches double standards and has the potential to harm women, LGBTIQ+ people, people with dis­ab­il­ity, as well as people of faith”.

Senator Fier­rav­anti-Wells, who is from the con­ser­vat­ive wing of the Liberal Party,has long been pushing for sweeping freedoms for religious Aus­trali­ans. She has warned against a min­im­al­ist bill that “merely sub­sti­tutes religious dis­crim­in­a­tion for sex dis­crim­in­a­tion or racial dis­crim­in­a­tion”.

On Wednesday Senator Fier­rav­anti-Wells acknow­ledged that while a national framework on anti-dis­crim­in­a­tion law would require “con­sid­er­able work” and nego­ti­ation with the states, it was a better approach.

“[It is a] more long-term solution to ensure proper equality of rights and con­form­ity to inter­na­tion­al oblig­a­tions,” she said.

Labor tried to merge and stream­line the existing sex, racial, dis­ab­il­ity and age dis­crim­in­a­tion acts when it was last in gov­ern­ment, with the support of the Law Council of Australia. But the process proved too com­plic­ated and was put on ice before the 2013 election.

In response to Senator Fier­rav­anti-Wells’ proposal, Mr Porter said: “My door is always open to my par­lia­ment­ary col­leagues to discuss any issues regarding the legis­la­tion.”

But he added: “It is worth noting, though, that con­sol­id­a­tion of Com­mon­wealth anti-dis­crim­in­a­tion legis­la­tion was a Labor policy that was adopted and abandoned because of a resound­ing lack of public support and oppos­i­tion from the Liberal Party.”

Sub­mis­sions on the second draft of the bill closed at the end of January.  Mr Porter said there had been “sensible issues raised around the effect­ive­ness of drafting”, pointing to the example of Jewish-aged care homes and hospitals.

He said he would do another brief round of con­sulta­tions before the bill was put before Par­lia­ment.

“I expect a bill could be intro­duced in the not too distant future,” he said.

Judith Ireland is a political reporter for the Sydney Morning Herald and The Age, based at Par­lia­ment House.

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