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SEX DISCRIMINATION AMENDMENT (SEXUAL ORIENTATION, GENDER IDENTITY AND INTERSEX STATUS) BILL 2013

Order of the day read for the adjourned debate on the motion of the Parliamentary Secretary for School Education and Workplace Relations (Senator Collins)—That this bill be now read a second time—and on the amendment moved by Senator Wright:

 At the end of the motion, add "but while the Senate does not decline to pass the bill, it notes:

  (a) that it is intended to replace the Human Rights and Anti-Discrimination Bill 2012, and that, despite three successive Attorneys-General committing to streamline and modernise anti-discrimination and human rights law via that instrument, this bill shows that this Government has no intention to do so;

  (b) this bill's preservation of sections 37 and 38 of the Sex Discrimination Act 1984, and indeed its extension of these exemptions for religious bodies to discriminate on the grounds of newly protected attributes, represents another missed opportunity;

  (c) that not only has this Government declined to modernise federal anti-discrimination laws generally, it has also declined to address some of the most pronounced cases where an organisation can deny a person's human right to freedom from discrimination; and

  (d) the Government's statement that the Commonwealth legislation is not intended to cover the field with respect to jurisdictions with more advanced anti-discrimination law, and that it intends for state protections from discrimination to operate concurrently with the federal law".

Debate resumed.

Limitation of debate: The time allotted for the consideration of this bill expired.

Question—That the amendment be agreed to—put and negatived.


Question—That this bill be now read a second time—put and passed.

Bill read a second time.

Explanatory memorandum: The Minister for Human Services (Senator McLucas) tabled a supplementary explanatory memorandum relating to the government amendments to be moved to the bill.

The following amendments circulated by the Government were considered:

 Schedule 1, page 3 (after line 14), after item 3, insert:

 3A Subsection 4(1)

  Insert:

   Commonwealth-funded aged care means:

 (a) aged care, within the meaning of the Aged Care Act 1997:

 (i) that is provided by an approved provider, within the meaning of that Act; and

 (ii) in relation to which the approved provider has responsibilities under that Act; or

 (b) care or services in relation to which a grant has been paid under Chapter 5 of the Aged Care Act 1997; or

 (c) care or services of a class prescribed by the regulations for the purpose of this paragraph.

 Schedule 1, page 9 (after line 20), after item 39, insert:

 39A After subsection 23(3)

  Insert:

  (3A) Paragraph (3)(b) does not apply to accommodation provided by a religious body in connection with the provision, by the body, of Commonwealth-funded aged care.

 Schedule 1, page 10 (after line 23), after item 49, insert:

 49A Section 37

  Before "Nothing", insert "(1)".

 49B At the end of section 37

  Add:

  (2) Paragraph (1)(d) does not apply to an act or practice of a body established for religious purposes if:

 (a) the act or practice is connected with the provision, by the body, of Commonwealth-funded aged care; and

 (b) the act or practice is not connected with the employment of persons to provide that aged care.

Question—That the amendments be agreed to—put.


The Senate divided—

AYES, 36

Senators—

Bilyk

Bishop

Boyce

Brown (Teller)

Cameron

Carr, Kim

Collins

Crossin

Di Natale

Farrell

Faulkner

Feeney

Gallacher

Hanson-Young

Hogg

Lines

Ludlam

Ludwig

Lundy

Marshall

McEwen

McLucas

Milne

Moore

Pratt

Rhiannon

Siewert

Singh

Stephens

Sterle

Thorp

Urquhart

Waters

Whish-Wilson

Wong

Wright

NOES, 29

Senators—

Abetz

Back (Teller)

Bernardi

Birmingham

Bushby

Cash

Colbeck

Edwards

Eggleston

Fawcett

Fierravanti-Wells

Fifield

Humphries

Joyce

Kroger

Macdonald

Madigan

Mason

McKenzie

Nash

Parry

Payne

Ronaldson

Ruston

Ryan

Scullion

Sinodinos

Williams

Xenophon

Question agreed to.

The following amendments circulated by the Government were agreed to:

 Schedule 1, page 13 (after line 1), after the heading to Part 2 of Schedule 1, insert:

  

Division 1—Amendments of references to marital status

 Schedule 1, Part 2, page 13 (after line 6), at the end of the Part, add:

  

Division 2—Amendments of references to sexual preference

 

Broadcasting Services Act 19920

 63A Paragraph 123(3)(e)

  Omit "sexual preference", substitute "sexual orientation".

 63B Paragraph 28(3)(e) of Schedule 6

  Omit "sexual preference", substitute "sexual orientation".

 

Fair Work Act 20090

 63C Subsection 153(1)

  Omit "sexual preference", substitute "sexual orientation".

 63D Subsection 195(1)

  Omit "sexual preference", substitute "sexual orientation".

 63E Subsection 351(1)

  Omit "sexual preference", substitute "sexual orientation".

 63F Paragraph 578(c)

  Omit "sexual preference", substitute "sexual orientation".

 63G Paragraph 772(1)(f)

  Omit "sexual preference", substitute "sexual orientation".

 


Fair Work (Registered Organisations) Act 20090

 63H Paragraph 142(1)(d)

  Omit "sexual preference", substitute "sexual orientation".

The following amendment circulated by the Opposition was negatived:

 Schedule 1, item 52, page 11 (lines 7 to 9), omit "in direct compliance with a law of the Commonwealth, or of a State or Territory, that is prescribed by the regulations for the purpose of this subsection", substitute "in accordance with or necessary to comply with a law of the Commonwealth, or of a State or Territory".

Question—That the remaining stages of this bill be agreed to and this bill, as amended, be now passed—put and passed.

Bill read a third time.