Larissa Waters (Queensland, Australian Greens) Share this | Hansard source

I just put on record that I disagree with that flimsy reasoning and that these amendments weren't even raised in the House, so I find it hard to believe that a comprehensive response has already been given. But I'll register my discontent and move on.

Question negatived.

I seek leave that the Australian Greens support for our own amendments be recorded in Hansard, but we won't be seeking to call a division, given the time pressures of the day.

Leave granted.

I now move amendment (6) on sheet 1712:

(6) Schedule 8, page 45 (after line 12), at the end of the Schedule, add:

4 After section 114

Insert:

115 Section 13 taken never to have been enacted

(1) This Act is taken always to have had effect as if:

(a) section 12 (about binding the Crown) had been enacted as that section is in force at the commencement of this section; and

(b) section 13 (about State instrumentalities), repealed by the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021, was never enacted; and

(c) the following provisions of this Act, as in force at the commencement of this section, were in effect:

(i) section 109 (about the State being taken to be an employer);

(ii) any other provisions to the extent that they relate to that section; and

(d) any modifications prescribed by the regulations that are appropriate to give effect to paragraphs (a), (b) and (c) of this section were in effect.

(2) Subsection (1) does not affect the operation of this Act on or after the commencement of the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021.

This relates to the ability for state employees to seek a remedy under the federal Sex Discrimination Act. The welcome repeal of section 13 of the Sex Discrimination Act by the respect at work bill of 2021 removed the restriction that had prevented state government employees accessing remedies under the Commonwealth regime. But the repeal was not made retrospective, and this meant that a number of state government employees remained locked out of seeking justice. Section 47A, which was introduced at the same time and allowed civil action for victimising conduct, was given retrospective effect in recognition of the justice denied to victims by the option not having been made available previously. The same right should be extended to those excluded by section 13. It would still be subject to the statute of limitations as a reasonable time limit on claims. We are seeking to move this amendment to redress that inequity and that inconsistency.