Senate debates

Thursday, 23 March 2017

Questions without Notice

Racial Discrimination Act 1975

2:17 pm

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

Senator McKim, I have never been able to understand what it is that parties of the left like yours so fear about a debate. I have never been able to understand that. There is a variety of views in the Australian community on this question. For example, the Australian Law Reform Commission presented a report to this parliament in March of last year saying that section 18C ought to be reformed. I think a responsible government—and, indeed, a responsible parliament—should heed that. There was a variety of views put to the parliamentary committee, as you know. You have quoted selectively and you have made the assumption that every member of the communities that you have listed is of a common view. I know for a fact that that is not right and that members of those communities have different views one from another. Other members of the Australian community, not merely members of ethnic minority communities, have a variety of views as well, because there is a variety of views about this issue across the Australian community, and we on the Liberal and National Party side of politics are not afraid of having a discussion. Senator McKim, I challenge you—through you, Mr President—to defend an anti-racial-vilification provision which does not expressly refer to harassment, because section 18C of the Racial Discrimination Act omits reference to racial harassment. Whether you agree with me or not about the omission of terms like 'offend' and 'insult', and I know that you do not agree with me, surely you accept that a valid anti-racial-vilification provision should include a prohibition against harassment—as it was meant originally to include, if you look at the then Attorney-General's second reading speech. It does not, but under our proposal it now will.

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