Malcolm Turnbull (Wentworth, Liberal Party, Prime Minister) Share this | Hansard source

Thank you, Mr Speaker, and I am glad you have acknowledged that the member for Grayndler has a personality that perhaps his colleague is not able to bring to bear to make even a dull question humorous—so you are clearly earning the pleasure of the support of the member for Grayndler.

The government's policy is contained in the legislation that has been presented in the Senate, and the policy is to ensure that our laws are stronger, fairer and clearer, that section 18C is an effective law that protects Australians from racial vilification and also protects free speech, one of the very foundations of our parliament, of our democracy, of our nation. Getting the balance right is absolutely critical.

I was asked who supported changes to 18C. It is a very long list. The criticism of the language has come from right across the political spectrum. I quoted yesterday Chief Justice James Spigelman and former commissioner, Irene Moss. But it is a very long list, including many members of the Labor Party, who have made the point that the language lacks the credibility to be an effective law.

One of the more remarkable things about the Labor Party's opposition to these changes is that they also oppose a change which would reinstate the original intent of the law as set out by the Labor Attorney-General Michael Lavarch when he introduced the bill. The original intent of the law was that the test of whether conduct offended the section was to be judged by the standards of a reasonable member of the Australian community as a whole. Apparently that is not acceptable to the Labor Party. Apparently Australians as a whole are not to be trusted. Well, we put our faith in the Australian people. We believe in the fundamental decency and good sense of Australians and we are committed to them and their freedoms. We support them, and that is the policy of the government—a more effective law, a clearer law that better protects freedom of speech and better protects Australians against racial vilification.

Ms Madeleine King interjecting—

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