Anne McEwen (SA, Australian Labor Party) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for Small Business, Senator Lundy. Can the minister state whether the claims reported in the Australian newspaper today, suggesting that the proposed streamlining of anti-discrimination laws will adversely affect industry, especially small business, are justified?

Kate Lundy (ACT, Australian Labor Party, Minister Assisting for Industry and Innovation) Share this | Link to this | Hansard source

In short, the answer to the senator's question is no. The proposed consolidation of the five anti-discrimination acts into a single act will deliver clearer and simpler legislation that will be easier to understand and comply with, delivering regulatory benefits to business. The consolidated act increases certainty and reduces cost to business by addressing gaps, removing inconsistencies, reducing complexity and streamlining the complaints process.

The consolidated act also replaces two separate tests for discrimination with a simpler single test that is similar to what currently operates in state and territory legislation. Instead of the legalistic approach to defining discrimination in the existing acts, the consolidated law will take a principles based approach, making the law easier to understand, apply and comply with. For example, under the existing acts, defining discrimination requires the construction of a hypothetical comparator to determine whether discrimination has occurred. In the consolidated act this will be replaced by a simple definition for discrimination, incorporating unfavourable treatment based on an attribute or conduct.

Under the consolidated act, the Australian Human Rights Commission will have greater scope to dismiss unmeritorious complaints at an early stage. The new, consolidated act incorporates a shifting burden of proof, which will move from the complainant to the respondent only after a prima facie case has been established. This will limit the number of unmeritorious claims made, as complainants must first prove that a case exists before the burden of proof shifts to the respondent.

Anne McEwen (SA, Australian Labor Party) Share this | Link to this | Hansard source

I thank the minister for her answer and I ask a supplementary question. How will the government assist business to understand and comply with the new act?

Kate Lundy (ACT, Australian Labor Party, Minister Assisting for Industry and Innovation) Share this | Link to this | Hansard source

I thank the senator for the supplementary question. Consolidating Commonwealth anti-discrimination laws into a single act will make it easier for business to find out what their obligations are and how they should comply with them. The consolidated act includes measures designed to provide certainty and assist business to understand their obligations. Certainty will be increased by the creation of a co-regulatory environment through which the commission can certify codes or other relevant standards developed by industries or businesses. If a business complies with their certified codes or standards they will have a complete defence against a complaint of discrimination. The commission will provide greater support and guidance to business in complying with the consolidated law by offering its expertise to review or audit business policy and practices. This is terrific support, and it is support that was not available previously.

Anne McEwen (SA, Australian Labor Party) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. Can the minister update the Senate on what the government is doing to support small business and what threats exist to business confidence?

Kate Lundy (ACT, Australian Labor Party, Minister Assisting for Industry and Innovation) Share this | Link to this | Hansard source

Thank you for the second supplementary question, Senator McEwen. The simplification of anti-discrimination laws is very sensitive to the circumstance of small business and reflects other initiatives implemented by the government to support the small businesses of Australia. Small businesses, as I am sure everybody is aware, are unable to write off new assets costing less than $6,500 and the first $5,000 on the company car or ute. Incorporated businesses are now able to carry back losses so they can get a refund of up to $300,000 against tax paid in the previous year.

The threats to small business confidence come in no small part from the opposition, which is doing everything it can to talk down business confidence in the face of the economic indicators. Just recently the shadow finance minister confirmed that the Liberal opposition would scrap the instant asset write-off and the loss carry-back for small business. (Time expired)

Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Link to this | Hansard source

Mr President, I ask that further questions be placed on the Notice Paper.