House debates

Tuesday, 19 June 2018

Questions without Notice

Racial Discrimination Act 1975

2:41 pm

Photo of Mark DreyfusMark Dreyfus (Isaacs, Australian Labor Party, Shadow Attorney General) Share this | | Hansard source

My question is to the Prime Minister. Is the Prime Minister aware that racist hate speech was hurled during a violent brawl at a Liberal Party meeting last night, with a witness reporting:

They started bashing him and then they took him outside and started kicking at him … To be honest, I thought he was going to die.

Will the Prime Minister refer Liberal Party members using racist hate speech to the Human Rights Commission under section 18C of the Racial Discrimination Act, notwithstanding his personal objection to that section?

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

The Leader of the House on a point of order.

Mr Frydenberg interjecting

The Minister for the Environment and Energy will cease interjecting. I need to hear the Leader of the House.

Photo of Christopher PyneChristopher Pyne (Sturt, Liberal Party, Leader of the House) Share this | | Hansard source

There are many things within the Prime Minister's responsibility, but this is not one of them. While it's a serious matter that's been raised by the member for Isaacs, it has been referred to the police, and that is the appropriate place through which it should be dealt, not by the Prime Minister in question time when it's not his responsibility as the federal leader.

Ms Husar interjecting

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

If I could address the point of order without the member for Lindsay interjecting yet again, I'm happy to hear from the Deputy Manager of Opposition Business, but I think the responsibilities of ministers and the Prime Minister are very clear. We've been over this ground many times before. The Prime Minister is not responsible for party matters—and, actually, the Leader of the Opposition isn't either. I don't think the question is in order. I'm happy to hear a case from the Deputy Manager of Opposition Business.

Photo of Mark DreyfusMark Dreyfus (Isaacs, Australian Labor Party, Shadow Attorney General) Share this | | Hansard source

It goes directly to the Racial Discrimination Act, section 18C, and the possibility of a referral of any Australian citizen who has used racist hate speech to the Human Rights Commission. It's something on which the Prime Minister has often spoken, and he has, indeed, supported attempts to repeal section 18C of the Racial Discrimination Act. That's what the question goes to.

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

The first part of the question is certainly not in order. For the assistance of the House, I'm going to remind the House of my previous rulings on parts of questions being out of order and I'm going to say quite candidly that, in my view, it was deliberately out of order. I'm going to say that very candidly and I'm going to rule very harshly on those in the future, as I have in the past. I'm giving the member for Isaacs, as Deputy Manager of Opposition Business, the benefit of the doubt on this one occasion today. I don't think the second part of the question is in order myself, but I'm prepared to let the Prime Minister address it if he wishes to.

2:44 pm

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

The Attorney just passed me a note which advises that only an aggrieved party can refer matters to the Australian Human Rights Commission. That is the first point. In terms of the incident, the statement that the New South Wales Liberal Party has put out reads as follows:

The Liberal Party has been made aware of an incident that allegedly occurred at a meeting tonight. The Party will fully cooperate with the Police in relation to their inquiries. An internal investigation will also be undertaken and disciplinary action taken against those responsible.

The Liberal Party strongly condemns the kind of behaviour that is alleged to have occurred.

I entirely concur in that condemnation by the New South Wales Liberal Party and look forward to their providing full cooperation to the police in their inquiries.