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SEX DISCRIMINATION BILL 1983 (NO. 2)

The Senate, according to Order, resolved itself into Committee for the further consideration of the Bill.

In the Committee

Consideration resumed of Clause 22, and of the amendment moved thereto by Senator Harradine: (see item 11).

Declaration of Urgency: The Minister for Social Security (Senator Grimes), having declared the Bill an Urgent Bill, moved-That the Bill be considered an Urgent Bill.

Question-put.

The Committee divided-

AYES, 29

Senators- Bolkus Button Childs Chipp Coates Coleman Colston Cook Crowley Evans, Jack Foreman Georges Gietzelt Giles Grimes Haines Hearn Jones McClelland Macklin Maguire Mason Primmer Reynolds Robertson (Teller) Ryan Sibraa Tate Walsh

NOES, 21

Senators- Archer Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Collard Crichton-Browne Durack Hamer Harradine Jessop Kilgariff (Teller) Lewis Martin Messner Missen Reid Scott Walters Watson

And so it was resolved in the affirmative.

Allotment of Time: Senator Grimes moved-That the time allotted for the consideration of the remainder of the Bill be as follows: For the consideration of the remainder of the Bill in Committee of the Whole, the total time required by the following allotment of time; and that the Clauses of the Bill be taken together in the manner indicated: Clauses 22 to 26

15 minutes

Clauses 27 to 29

20 minutes

Clauses 30 to 37

15 minutes

Clause 38

15 minutes

Clauses 39 to 42

20 minutes

Clauses 43 to 64

30 minutes

Clauses 65 to 81

30 minutes

Clauses 82 to 116 ) Schedule ) 30 minutes

Title ) and that any proposed new clause be dealt with in the time allotted for the preceding clause.

For the remaining stages of the Bill, 5 minutes.

Debate ensued.

Closure: The Minister for Industry and Commerce (Senator Button) moved-That the Question be now put.

Question-That the Question be now put-put.

The Committee divided-

AYES, 29

Senators- Bolkus Button Childs Chipp Coates Coleman Colston Cook Crowley Evans, Jack Foreman Georges Gietzelt Giles Grimes Haines Hearn Jones (Teller) McClelland Macklin Maguire Mason Primmer Reynolds Robertson Ryan Sibraa Tate Walsh

NOES, 22

Senators- Archer Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Collard Crichton-Browne Durack Hamer Harradine Jessop Kilgariff (Teller) Lewis Martin Messner Missen Reid Scott Townley Walters Watson

And so it was resolved in the affirmative.

Question-That the motion (for the allotment of time) be agreed to-put accordingly and passed.

Consideration resumed of clause 22, and of the amendment moved thereto by Senator Harradine (see item 11) and clauses 23 to 26.

Senator Harradine, by leave, moved the following further amendment: Page 17, clause 26, after sub-clause (1), insert the following sub-clause: ''(1A) Nothing in this section renders it unlawful for a person- (a) to refuse to carry out or participate in carrying out the termination of a pregnancy;

(b) to refuse to perform any function, exercise any power or fulfil any responsibility if the performance of the function, the exercise of the power or the fulfilment of the responsibility would facilitate, or contribute to, the termination of a pregnancy or the performance of any medical or surgical procedure which that person genuinely believes to be morally wrong.''.

Debate ensued.

Question-That the amendments be agreed to-put.

The Committee divided-

AYES, 20

Senators- Archer Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Collard Crichton-Browne Durack Hamer Harradine Kilgariff (Teller) Lewis Martin Messner Missen Reid Scott Walters Watson

NOES, 27

Senators- Button Childs Chipp Coates Coleman Colston Cook Crowley Elstob Evans, Jack Foreman Georges Gietzelt Giles Grimes Haines Hearn Jones (Teller) Macklin Maguire Mason Primmer Reynolds Robertson Ryan Sibraa Tate

Amendments negatived accordingly.

Limitation of Debate: And the time allotted for the consideration of clauses 22 to 26 having expired- Question-That clauses 22 to 26 be agreed to-put and passed.

Clauses 27 to 29 read- Senator Martin, by leave, moved the following amendments together: Page 18, clause 28, sub-clause (3), lines 27 to 40, leave out the sub-clause, insert the following sub-clause: ''(3) A person shall, for the purposes of this section, be taken to sexually harass another person if- (a) the first-mentioned person makes a sexual advance, or a request for sexual favours, to the other person, or engages in other conduct of a sexual nature in relation to the other person;

(b) the other person takes reasonable steps to communicate to the first-mentioned person that the advance, request or conduct is unwelcome; and

(c) (i) the first-mentioned person makes it reasonably appear to the other person that a rejection of the advance, a refusal of the request or the taking objection to the conduct would disadvantage the other person in any way in connection with the other person's employment or work or possible employment or possible work; or

(ii) as a result of the other person's rejection of the advance, refusal of the request or taking of objection to the conduct, the other person is disadvantaged in any way in connection with the other person's employment or work or possible employment or possible work.''.

Page 19, clause 29, sub-clause (2), lines 8 to 22, leave out the sub-clause, insert the following sub-clause: ''(2) A person shall, for the purposes of this section, be taken to sexually harass another person if- (a) the first-mentioned person makes a sexual advance, or a request for sexual favours, to the other person, or engages in other unwelcome conduct of a sexual nature in relation to the other person;

(b) the other person takes reasonable steps to communicate to the first-mentioned person that the advance, request or conduct is unwelcome; and

(c) (i) the first-mentioned person makes it reasonably appear to the other person that a rejection of the advance, a refusal of the request or the taking of objection to the conduct would disadvantage the other person in any way in connection with the other person's studies or the other person's application for admission to an educational institution as a student; or

(ii) as a result of the other person's rejection of the advance, refusal of the request or taking of objection to the conduct, the other person is disadvantaged in any way in connection with the other person's studies or the other person's application for admission to an educational institution as a student.''.

Debate ensued.

Question-That the amendments be agreed to-put and negatived, all Opposition Senators present, by leave, and Senator Harradine, pursuant to Standing Order 168, having recorded their votes for the Ayes.

Clauses 27 to 29 agreed to.

Clauses 30 to 37 debated.

Senator Harradine moved an amendment, viz: Page 20, clause 32, lines 33 to 35, leave out the clause, insert the following clause: ''32. (1) Nothing in Division 1 or 2 applies to or in relation to the provision of services that can be provided only to members of one sex.

(2) Nothing in Division 1 or 2 renders it unlawful for a person to refuse to provide to another person goods that are designed, or are intended, for use by members of only one sex.''.

Debate ensued.

Question-That the words proposed to be left out be left out-put and negatived, Senator Harradine, pursuant to Standing Order 168, and all Opposition Senators present, by leave, having recorded their votes for the Ayes.

Amendment negatived accordingly.

Limitation of debate: And the time allotted for consideration of clauses 30 to 37 having expired- Question-That clauses 30 to 37 be agreed to-put and passed.

Clause 38 read- Senator Martin, by leave, moved the following amendments together: Page 22, sub-clause (1), line 20, after ''creed'', insert ''or in accordance with stated principles''.

Page 22, sub-clause (1), line 22, after ''creed'', add ''or in order to avoid a contravention of those stated principles''.

Debate ensued.

Question-That the amendments be agreed to-put.

The Committee divided-

AYES, 21

Senators- Archer Baume Bjelke-Petersen Boswell Carrick, Sir John Collard Guilfoyle, Dame Margaret Hamer Harradine Hill Jessop Kilgariff Lewis Martin Messner Missen Reid (Teller) Scott Townley Walters Watson

NOES, 27

Senators- Bolkus Childs Chipp Coates Coleman Colston Cook Crowley Elstob Evans, Jack Foreman (Teller) Georges Gietzelt Giles Grimes Haines Hearn McClelland Macklin Maguire Mason Primmer Reynolds Robertson Ryan Sibraa Tate

Amendments negatived accordingly.

Limitation of debate: And the time allotted for consideration of clause 38 having expired- Senator Harradine, by leave, moved an amendment, viz: Page 22, lines 15 to 37, leave out the clause, insert the following clause: ''38. Nothing in Division 1 or 2 applies to any decision or action by a body or person administering an educational, child-care or other similar institution, being an institution one of the objects of which is the moral development of those attending the institution in accordance with the tenets, doctrines or beliefs of a particular religion, philosophy or creed or the moral or intellectual development of those attending the institution in accordance with stated principles, where the decision is taken in good faith for reasons that include the protection of the integrity of the ethos of the institution having regard to its object of moral or intellectual development.''.

Question-That the words proposed to be left out be left out-put and negatived.

Amendment negatived accordingly.

Question-That clause 38 be agreed to-put and passed.

Clauses 39 to 42 read- Senator Harradine moved an amendment, viz: Page 23, clause 40, sub-clauses (2), (3), (4) and (5), lines 13 to 35, leave out the sub-clauses.

Question-That the words proposed to be left out be left out-put and negatived, Senator Harradine, pursuant to Standing Order 168, having recorded his vote for the Ayes.

On the motion of Senator Haines the following amendment was debated and agreed to: Page 24, clause 42, sub-clause (2), after paragraph (d), add the following word and paragraph: ''; or (e) sporting activities by children who have not yet attained the age of 12 years''.

Clauses 39 to 41 and clause 42, as amended, agreed to.

Clauses 43 to 64 read- Senator Harradine moved an amendment, viz: Page 25, after clause 43, insert the following new clause: Conscientious objection ''43A. (1) Nothing in Division 1 or 2 renders it unlawful for a person to decline to perform or participate in the performance of any act the performance of which would be contrary to genuinely held conscientious beliefs of that person.

(2) In sub-section (1), 'conscientious beliefs' means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.''.

Debate ensued.

Question-That proposed new clause 43A be inserted in the Bill-put and negatived, Senator Harradine, pursuant to Standing Order 168, and all Opposition Senators present, by leave, having recorded their votes for the Ayes.

Senator Harradine moved a further amendment, viz: Page 25, clause 44, sub-clause (2), line 12, leave out ''before'', insert ''either before or after''.

Debate ensued.

Question-That the words proposed to be left out be left out-put and negatived.

Amendment negatived accordingly.

Senator Harradine moved a further amendment, viz: Page 28, clause 52, paragraph (1) (b), lines 11 and 12, leave out the paragraph.

Question-That the words proposed to be left out be left out-put and negatived.

Limitation of debate: And the time allotted for consideration of clauses 43 to 64 having expired- Question-That clauses 43 to 64 be agreed to-put and passed.

Clauses 65 to 81 read- Senator Martin, by leave, moved the following amendments together: Page 33, clause 65, sub-paragraphs (1) (b) (i) and (ii), lines 7 to 10, leave out the sub-paragraphs.

Page 33, clause 66, lines 14 to 18, leave out the clause, insert the following new clause: Inquiries to be held in private ''66. (1) Subject to sub-section (2), an inquiry shall be held in private.

''(2) The Commission may, on the application of the respondent to an inquiry, if it is satisfied that it is appropriate to do so, direct that an inquiry, or part of an inquiry, be held in public.''.

Debate ensued.

Question-That the amendments be agreed to-put and negatived, all Opposition Senators present, by leave, and Senator Harradine, pursuant to Standing Order 168, having recorded their votes for the Ayes.

Clauses 65 to 81 further debated.

Senator Harradine, by leave, moved the following amendments together: Page 37, clause 81, after sub-clause (1), insert the following new sub-clause: ''(1A) (a) Where the Commission dismisses a complaint it may make a declaration that the complainant should pay to the respondent an amount determined by the Commission to reimburse the respondent for costs reasonably incurred in consequence of the complaint.

(b) Where the Commission finds a complaint substantiated, it may make a declaration that the respondent should pay to the complainant (not being the Minister or the Commissioner) an amount determined by the Commission to reimburse the complainant for costs reasonably incurred in substantiating the complaint.''.

Page 37, clause 81, sub-clause (2), line 14, after ''sub-section (1)'', insert ''or (1A)''.

Debate ensued.

Limitation of debate: And the time alloted for consideration of clauses 65 to 81 having expired- Question-That the amendments be agreed to-put and negatived, all Opposition Senators present, by leave, and Senator Harradine, pursuant to Standing Order 168, having recorded their votes for the Ayes.

Question-That clauses 65 to 81 be agreed to-put and passed.

Remainder of Bill taken as a whole-

Senator Harradine moved an amendment, viz: Page 40, clause 91, lines 19 to 31, leave out the clause, insert the following clause: ''91. Without limiting the generality of the expression 'reasonable excuse' in section 89 or 90, it is hereby declared that it is a reasonable excuse- (a) for the purposes of section 89, for a person to refuse or fail to furnish information or produce a document that the furnishing of the information or the production of the document might incriminate the person; and

(b) for the purposes of section 90, for a person to refuse or fail to answer a question put to the person at an inquiry, or to refuse to produce a document that the answer to the question or the production of the document might incriminate the person.''.

Debate ensued.

Question-That the words proposed to be left out be left out-put and negatived.

Amendment negatived accordingly.

Senator Harradine, by leave, moved the following amendments together: Page 45, clause 104, sub-clause (1), line 28, leave out ''or another person or body of persons'', insert '', the National Committee, or the relevant State Committee, on Discrimination in Employment and Occupation or an approved statutory body established by a State''.

Page 45, clause 104, paragraph (2) (b), line 38, leave out the paragraph, insert the following paragraphs: ''(b) the National Committee, or the relevant State Committee, on Discrimination in Employment and Occupation; or

(c) an approved statutory body established by a State,''.

Debate ensued.

Question-That the amendments be agreed to-put and negatived, all Opposition Senators present, by leave, and Senator Harradine, pursuant to Standing Order 168, having recorded their votes for the Ayes.

Senator Harradine, by leave, moved the following further amendments together: Page 47, clause 111, sub-clause (1), lines 12 to 15, leave out all words after ''in relation'' (line 12), insert ''to an act done or omitted to be done honestly and in good faith in the due performance of any function or in the exercise in good faith of any power or authority conferred on the Commission or the Commissioner''.

Page 47, clause 111, sub-clause (2), at end of sub-clause, add ''unless it appears on the balance of probabilities that the complaint or submission had been made or the document or information had been furnished or evidence had been given in bad faith with an intention to cause loss, damage or injury to another person''.

Debate ensued.

Question-That the amendments be agreed to-put and negatived, Senator Harradine, pursuant to Standing Order 168, having recorded his vote for the Ayes, and all Opposition Senators present, by leave, having recorded their votes on Senator Harradine's second amendment, for the Ayes.

Remainder of Bill further debated.

Limitation of debate: And the time allotted for consideration of the remainder of the Bill having expired-

Question-That the remainder of Bill be agreed to-put and passed.

Bill to be reported with an amendment and a Resolution.

The President resumed the Chair; and the Chairman of Committees (Senator Hamer) reported that the Committee had considered the Bill and agreed to the same with an amendment. He further reported that a Resolution had been agreed to in Committee, under Standing Order 407B, that the time allotted for the remaining stages of the Bill be 5 minutes.

On the motion of the Minister for Education and Youth Affairs (Senator Ryan) the Report from the Committee was adopted.

Senator Ryan moved-That this Bill be now read a third time.

Debate ensued.

Limitation of debate: And the time allotted for consideration of the third reading of the Bill having expired- Question-That this Bill be now read a third time-put.

The Senate divided

AYES, 40

Senators- Baume Bolkus Button Chaney Childs Chipp Coates Coleman Colston Cook Crowley Durack Elstob Evans, Jack Foreman Georges Gietzelt Giles Grimes Guilfoyle, Dame Margaret Haines Hamer Hearn Hill Kilgariff McClelland Macklin Maguire Martin Mason Messner Missen Primmer Reid Reynolds Robertson (Teller) Ryan Sibraa Tate Walsh

NOES, 12

Senators- Archer Bjelke-Petersen Boswell Carrick, Sir John Collard (Teller) Crichton-Browne Jessop Lewis Scott Townley Walters Watson

And so it was resolved in the affirmative.

Bill read a third time.