Senate debates

Tuesday, 10 September 2019

Bills

National Sports Tribunal Bill 2019, National Sports Tribunal (Consequential Amendments and Transitional Provisions) Bill 2019; Second Reading

6:52 pm

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Shadow Special Minister of State) Share this | Hansard source

As I was saying earlier, the government has provided examples of similar protections in other Commonwealth legislation, including in section 110Q of the Defence Act 1903. It confers similar protections on the Inspector-General of the ADF and a person acting under the authority of the Inspector-General of the ADF. Section 74T of the Broadcasting Services Act 1992 also confers similar protections on the Commonwealth, the Australian Communications and Media Authority, and ACMA officials in respect of the exercise of functions associated with the maintenance of the Register Of Foreign Owners Of Media Assets.

I'd like to speak, briefly, in anticipation of a second reading amendment circulated by Senator Rice. Labor recognises that sport can play an important role in social inclusion and believes all Australians should have access to opportunities to participate in sport and physical activity, and enjoy their benefits. We believe sport should be inclusive of culturally and linguistically diverse Australians and inclusive of those Australians who are lesbian, gay, bisexual, transgender or intersex.

These bills, however, establish a national sports tribunal, an organisation that will not have a role in developing policy or determining the rules under which sports operate. The tribunal's function will be to arbitrate, by the agreement of the parties, disputes arising under the existing rules of a sporting body. The tribunal will not have the authority to change or enable changes to any rules that might impact on transgender, intersex or gender-diverse Australians. As such, the opposition will also be opposing this amendment, because these bills are not the right vehicle for furthering measures to prevent discrimination.

Having said that, I note that these bills establish the tribunal as a pilot for the next two years. Labor will monitor the establishment of the tribunal and its internal rules and procedures very closely, to ensure that it treats all parties in disputes appropriately under the rules of the relevant sport.

We support the key objectives of this bill. We understand the need for it to be progressed to avoid leaving Australian sport exposed to integrity threats, and we will support the bill in this place today. We will monitor the establishment of the tribunal closely. We will seek to ensure that the rules and procedures put in place once the tribunal is established are designed to appropriately consider the rights of individuals. Labor will also keep a close eye on the tribunal's operations in relation to matters that have the potential to impact on individual athletes' rights. Labor will also continue to engage with key stakeholders on the tribunal and with the government's broader implementation of its response to the Wood review recommendations. We will continue to work with the sports sector and agencies to provide strong, appropriate protections to the integrity and the reputation of sport in Australia. The opposition supports this bill.

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