Anti-discrimination reform bill needs substantial change, says Senate inquiry

In a report handed down this afternoon, the Senate legal and constitutional affairs legislation committee has made 12 recommendations to the Gillard government on its draft exposure bill, which aims to consolidate five existing anti-discrimination laws.

“Over the course of the committee's inquiry, significant issues have been brought to light regarding the drafting of some sections,' the committee found. “It is clear that substantial amendments are necessary if the consolidated legislation is to fulfil its stated intent of providing a clearer, simpler law.”

The controversial reforms have attracted criticism from lawyers, human rights groups, business, unions and the government's own MPs that the exposure bill goes too far, breaches freedom of speech and may even be unconstitutional.

More than 3,464 submissions were made to the committee. The main issues raised included the bill making it unlawful to offend or insult others, reversing the burden of proof and the expansion of an exemption for religious groups.

The committee, which is chaired by Labor Senator Trish Crossin, found “some of the policy decisions made in the process of consolidating the Acts should be reconsidered”.

It recommended the removal of the reference to offend and insult, as suggested by the Attorney-General's department after the Gillard government backed down on that aspect of the legislation.

The committee also suggested “intersex status” and domestic violence should be included as grounds for discrimination along with “irrelevant criminal record”.

It also recommended the removal the exemption that allows religious organisations to discriminate when providing services like health and aged care.

“The committee is of the view that no organisation should enjoy a blanket exception from anti-discrimination law when they are involved in service delivery to the general community,” it reads.

“It is vitally important that the rights of minority groups are upheld when they are receiving help from service providers, particularly in cases where the service provision is commonwealth-funded.”