House debates

Tuesday, 8 February 2022

Grievance Debate

Religious Discrimination Bill 2021

5:30 pm

Photo of Anne WebsterAnne Webster (Mallee, National Party) Share this | Hansard source

The Religious Discrimination Bill closes a gap in our Commonwealth legal framework that currently leaves many Australians who have faith vulnerable to discrimination. It is the remaining piece of armour in a suite of protections against discrimination for the Australian people.

People of faith should be afforded protections against discrimination in the same way as those provided under the Sex Discrimination Act, the Racial Discrimination Act, the Disability Discrimination Act and, of course, the Age Discrimination Act. Without this religious discrimination legislation, people of faith are left vulnerable to growing forms of discrimination and threats of discrimination on religious grounds.

This is why this legislation is a priority now. Any form of discrimination or social exclusion should not be tolerated in our society and I'm pleased to say that this legislation will provide the protective mechanisms for people of faith across Australia once it's passed. This legislation is a shield, not a sword, to provide adequate protection for religious people, or even for those who hold no belief, we need to render discrimination on these grounds unlawful at the federal level. This bill will remedy the gap that exists in our legal framework.

The right to freedom of thought, conscience and religion was formally recognised in the Universal Declaration of Human Rights in 1948 and is enshrined in the International Covenant on Civil and Political Rights. Australia, as a signatory, has an international obligation to uphold these commitments and to provide adequate protections for people of faith, including freedom of speech, statements of belief and, of course, association.

I am Chair of the Parliamentary Joint Committee on Human Rights, and we have considered a broad range of submissions and testimonies regarding the potential impact that this legislative package will have on Australians. The survey itself had 48,000 respondents and the findings strongly favour the need to protect people of religious belief. Almost all submitters and witnesses acknowledged the importance of freedom from discrimination on religious grounds. Ninety-five per cent of survey respondents supported religious protections, and an overwhelming 82 per cent of respondents supported the Religious Discrimination Bill legislative package as it stands in its current form. These numbers are not insignificant.

In many submissions presented, and in evidence presented by many religious organisations, there was strong support for the statement of belief. In Australia, we have the freedom to think, the freedom to believe—or not believe—and the freedom to follow our convictions and our consciences. But these freedoms for religious people are without adequate protections at present. In the 2016 census, more than half the population aligned themselves with a religious faith, with 30 per cent of Australians nominating no religion. In a fair and just society, no person should be subject to public ridicule because of their religious conviction any more than on the grounds of other personal attributes, such as sex, race, age or intellectual or physical disability; it is thinkable. In fact, the freedom of faith and the freedom to worship are defining characteristics of a liberal democracy. Freedom of religion draws itself from faith values.

This bill is fair and it strikes a balance that does not seek to impede the freedoms of anyone. It is a shield for religious institutions to be able to staff their organisations with people who align with their faith and values, and who hold true to the vision of their work. This bill works on the fundamental principle that faith is caught, not taught. A person's faith is embodied, exemplified, spoken about and modelled. For this reason, many parents across this country choose to send their children to religious schools. They want their children to be brought up in a culture and taught in an ethos which aligns with their faith and their values. These parents want an alternative to the state secular system and they should have the right to make this decision for their children. The principle of conviction and conscience is a principle that we must not lose as a nation. Indeed, this government holds this value central to its service.

The inquiry report into religious discrimination highlighted tragic cases of discrimination that people of faith are experiencing in Australia today at alarming rates. Australian Jewry recorded 447 incidences of anti-Semitism between January and September last year. This included physical assaults, abuse, harassment, vandalism, graffiti, hate and threats that were communicated through various formats. These incidents are tangible, verifiable and real. Sadly, this number indicated a 35 per cent increase from the previous year. Behind these numbers are people's real-life stories. They are devastating and deserve condemnation. In another submission by the Australian National Imams Council, members of the Islamic community stated that this legislative framework would address an urgent and pressing concern held by Australian Muslims.

In Australia, religious schools are an expression of our freedom to believe, our freedom of conscience and the freedom to raise our children with the ethos and values that we hold. For religious schools to be able to provide an authentic and general religious education they need to be able to make organisational decisions in accordance with their convictions. They need to be able to hire according to their deeply held values in order to be true to the mission and ethos their institutions were founded upon.

For some, sending their children to a religious school may be a matter of quality of education; however, for many, it is a matter of wanting the children to be educated in an environment that aligns with their faith convictions. The fact is that parents across Australia in large numbers are choosing to send their children to faith environments, sometimes at a significant financial cost. For these schools and these families, teachers do more than teach mathematics and literacy; it is about raising kids to be citizens of character and good ethos—faith. Religious values are caught, not taught. As the director of public policy of Christian Schools Australia, Dr Mark Spencer, explained, 'If we don't maintain the ethos of the schools, we cease to be the schools we claim to be.'

In my electorate of Mallee, principals of faith based schools have told me that their school's values and ethos are entrenched in their mission and mandate. One principal of a Christian college in the Wimmera says that providing faith based education is about more than just excellence in academia; it's also about children being loved, cared for and receiving a religious education. These virtues are manifestation of the Christian faith. Not only does the religious discrimination legislation set a national standard of acceptance and tolerance for faith but, according to the principal, it provides a level of security, protection and assurance that allows their school community to care for their students.

At Kerang Christian College, principal Wayne Barker told me about how this bill will protect the school to be able to employ people who align with the fundamentals of their faith. If a religious school cannot do this, why would we have religious schools at all? In the case of the Kerang Christian College, parents who don't identify as having Christian faith send their children to this school on the basis of the values and culture that the school cultivates. This is the case across many religious schools throughout Australia.

Schools should have the right to employ teachers who uphold their ethos and faith. Their ability to do this should be preserved and protected. People of faith are increasingly being silenced, shunned and cancelled for their beliefs. This legislation is a shield, not a weapon. It is about the ability to maintain and preserve cultural and religious faith and practice, a legacy which has contributed so much to this country. Central to our democracy is the ability to live in accordance with the deeply held values, beliefs and convictions we hold. This government promised these protections at the last election and now we are standing here to deliver them. Australians deserve no less.

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