House debates

Wednesday, 9 February 2022

Bills

Religious Discrimination Bill 2021, Religious Discrimination (Consequential Amendments) Bill 2021, Human Rights Legislation Amendment Bill 2021; Second Reading

Photo of Luke GoslingLuke Gosling (Solomon, Australian Labor Party) Share this | Hansard source

I believe that protecting religious beliefs and protecting all Australians from all types of discrimination is something that we can all agree on. People of faith should be free from discrimination. I think we all wanted to see a just and fair balance of human rights in this bill, the Religious Discrimination Bill 2021, and some of this bill does contribute to that, but, unfortunately, this has not been achieved by these bills in totality. That is a real shame and is why we will be moving amendments here and, if necessary, in the Senate. We will do so because, if passed through the parliament without amendment, this bill and the related bills will remove access to rights and to justice that Territorians and other Australians have today and because, without amendment, this bill is discriminatory. So I rise today not only to provide some context from the Territory but also to express my deep disappointment with the spirit behind this bill and how it has been handled, and, finally, to express hope for a way forward.

Strengthening protections against religious discrimination is something that those opposite promised more than three years ago. They should have done it then. But, instead, the government have brought this bill on for debate in the final few sitting days of this parliament, despite it being so divisive. Just yesterday morning, many of us from all sides of this place gathered at the Greek Orthodox Church in Kingston for the annual ecumenical service that begins the parliamentary year. I'm co-chair of the Parliamentary Christian Fellowship, and last year I proposed moving to an Orthodox church for this year's service in acknowledgement of the diversity of voices within the Christian faith. The Greek Orthodox archbishop gave a fine sermon reflecting on St Paul's message about us humans being designed in God's image and how we should respect each other and love one another as such.

I'm a practising Catholic. I went to a Catholic primary school and I went to a Catholic college for a few years as well. I have particularly held onto St Paul's key message of hope, faith and love. These three have guided me in life. They have helped me to see the needs of others and to act to assist others. These words have also helped me in the hard times. I believe that being caring and considerate of others are sound values, and ones that my wife, Kate, and I are instilling in our kids, having had them instilled in us throughout our lives. I believe that the way this bill is being handled is an example of the opposite of caring and consideration of others. Rushing this bill through now, as a deliberate wedge just prior to an election, is creating division rather than building harmony and respect of others. And that is a shame.

Australia is an incredibly diverse country, one of the most diverse and multicultural countries on the planet. In the Territory, it is even more so, with so many ancient First Nations languages and cultures joining those from all over our planet. We welcome everyone, and we call on them to feel safe, to celebrate their cultures and traditions and to live their lives according to their beliefs provided that they do not discriminate against others: you do you, I'll do me and we'll all be happy. There are, of course, tensions. All of our lives touch the lives of others, and all of our rights intersect with the rights of others—the freedom of expression versus freedom against vilification, for example. But we should never in the name of opposing religious discrimination allow others to be discriminated against.

Many new Australians know what it is to be persecuted in their homelands for their beliefs. They, like all of us, just want a shot at living their lives in peace, practising their own beliefs. So it concerns me that the current legislation, while seeking to protect religious freedoms, would not, for example, prohibit the vilification of people on the basis of religious belief, dress or activity. For example, it won't protect the young Muslim woman who was discriminated against at a fast-food chain in Darwin last year. Religious organisations and people of faith have the right to act in accordance with the doctrines, beliefs or teachings of their traditions and faith.

Labor believes that any extension of the federal antidiscrimination framework must not remove protections that already exist in the law to protect Australians from other forms of discrimination. So we are also worried by a clause which could allow the federal legislation to override and weaken state and territory antidiscrimination laws. I thank Sally Sievers, the NT Anti-Discrimination Commissioner, for her advice on these issues.

This bill should be about more protections, not less. Some Christian churches have contacted me because they are very concerned that some of the provisions in this bill could embolden dangerous discrimination in the wider community. I understand why. In my experience of schools and other faith based institutions, I've seen that they haven't sought to discriminate but rather have sought to act as responsible managers of the culture and ethos in accordance with their faith. I want to acknowledge that. I want to acknowledge that more work will be done on this and that we support preferential employment.

But when it comes to schools it is concerning that the government think that trans children, who are some of the most vulnerable people in our community, don't deserve the same protections as other children. We know that rates of suicide and mental health for the trans community are horrifyingly high, including in my electorate and including for kids. We must protect these kids—all kids.

I believe that all of us are God's children. We should be doing everything in our power to protect all our fellow Australians from discrimination, as the government said they would. I thank all the people of faith and also those of no religious belief who shared their views on these important matters. I sincerely hope that our amendments are accepted in good faith and that a spirit of goodwill resides in this place that will prevent Australians from suffering from discrimination and make our country even greater, even fairer and more free. I thank the House.

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