Friday, 11 February 2022

Religious Discrimination Bill 2021: Morrison loses his nerve and now hunts about for excuses?


Australian Prime Minister, Liberal MP for Cook & megaphone Christian Scott Morrison walks back on his 2018 & 2021 promises to prevent discrimination in religious-based schools against students who are either LGBQ or transgender.....


The Guardian, 10 February 2022:


The Morrison government has passed the religious discrimination bill in a marathon all-night sitting of the House of Representatives, despite Liberal moderates defecting to help add more extensive protections for LGBTQ+ students.


The Liberal MPs Bridget Archer, Trent Zimmerman, Katie Allen, Fiona Martin and Dave Sharma crossed the floor against the government, helping Labor and the crossbench add protections for LGBTQ+ students into the Sex Discrimination Act.


The main bill received a third reading at 4am, officially passing the lower house with Labor support after Wednesday’s resolution by the opposition caucus to fight for amendments but not oppose the bill at the final stage.


The human rights amendment bill, which now prevents religious schools discriminating against students on gender and sexuality, passed shortly before 5am – despite a last-ditch attempt from the government to defeat its own legislation.


Labor and several of the government’s own members were galvanised by the Morrison government revealing it will protect gay students from expulsion – but not other forms of discrimination – without protecting trans students at the same time.


Zimmerman told the house the parliament could not send a message by “omission” by moving to fix sexuality discrimination but not gender identity discrimination. “I could not live with myself if I didn’t seek to address those issues.”


Earlier, the Morrison government defeated Labor amendments to the statements of belief clause by the narrowest margin.


Despite Archer and Zimmerman voting against the government, shortly after 2.30am the speaker, Andrew Wallace, used his casting vote to break a 62-all tie to thwart Labor’s amendment to the controversial clause.


Further amendments to ban vilification on the grounds of religion and discrimination in the provision of in-home aged care services were defeated, with Zimmerman joining the Coalition, Bob Katter and Craig Kelly on those votes.


The Liberal MP Warren Entsch, who earlier told parliament he didn’t believe the bill was necessary and still had concerns about statements of belief and LGBTQ+ children, nevertheless voted against all amendments, claiming it was necessary to “bank the successes” of other changes to the bill.


Labor’s fight to amend the package of legislation will now move to the Senate, where it hopes support from the Greens, Rex Patrick, Jacqui Lambie, Stirling Griff and Liberal defectors including Andrew Bragg will help it win amendments defeated in the lower house.


Bragg has already called for the statements of belief clause, which protects religious statements even if they offend, insult or humiliate others on the basis of protected attributes, to be removed in its entirety.


Scott Morrison called for the bill to pass in a speech at 12.50am…..


The Religious Discrimination Bill 2021, Religious Discrimination (Consequential Amendments) Bill 2021 and Human Rights Legislation Amendment Bill 2021having been read a third time went before the Senate which was intending to consider them "during this period of sittings".


However, by way of a request by Senator Nick McKim (Greens Deputy Leader of the Australian Greens in the Senate and Australian Greens Whip) all three bills were separated from the block scheduling vote and, on 10 February 2022 the Senate "negatived" the question. Having refused to include them in the block vote allowing provisions of paragraphs (5) to (8) of standing order 111 to not apply to those three bills - thereby blocking them from being considered during this period of sittings.


Morrison's bills are now in somewhat of a political limbo. The Government Deputy Leader of Senate Michaelia Cash having almost simultaneously announced an inquiry into what purports to be concerns relating to the Human Rights Legislation Amendment Bill 2021 as amended by the House of Representatives on Wednesday 9 February 2022, but I suspect is more about how to reshape the rebellious internal party politics surrounding the Religious Discrimination Bill while at the same time placating his Christian power base in the face of yet another ideological setback. 


This new inquiry all but ensures that the three bills are dead in the water until after the federal general election expected in May 2022.


What is somewhat amusing is that neither Scott Morrison as Prime Minister nor Peter Dutton as Leader of the House of Representatives appear to have seen the snare until it hoist them high and left them upside down spinning by one ankle.


Reading between the lines it seems Morrison was well aware that the already highly problematic Religious Discrimination Bill 2021 was in real danger by mid-afternoon on Wednesday 2022 of moving into unchartered waters and beyond his preferred framing. For his own party's political comfort Morrison really should have adjourned debate of the three bills then in order to come back to them on 14-17 February. Instead he kept going to the wee small hours of 10 February and voted to refer the problem to the Senate probably hoping that the optics of abandoning the bill would not look as bad there.


Once in the Senate matters moved so fast that the Deputy Nationals Leader in the Senate Matt Canavan had no idea what was happening and his plaintive query is recorded in Hansard: "I'm a little confused. I don't have the motion in front of me. In regard to the religious discrimination bills and the human rights bill, you said you'd put the motion. What was that motion? What was the content of it? I don't have it in front of me"


Rumour has it that a Cabinet Meeting on 7 February 2022 was less than complementary of Morrison's political judgement - it appears his ministers has good cause.


~~~~~~~~~~~~~~~~


BACKGROUND


Australian Parliament, Hansard, VOTES AND PROCEEDINGS, 9 February 2022, excerpts:


House Of Representatives


13 RELIGIOUS DISCRIMINATION BILL 2021


The order of the day having been read for the resumption of the debate on the question—That the bill be now read a second time— And on the amendment moved thereto by Mr Wilkie, viz.— That all words after “That” be omitted with a view to substituting the following words:


the House declines to give the bill a second reading and notes that:


(1) this bill will have a greater negative impact on Tasmania than any other state or territory because our anti-discrimination legislation is currently the best in the country; and


(2) the Tasmanian Anti-Discrimination Act 1998 has the full support of the Tasmanian Parliament and been strongly endorsed by the Liberal Premier the Hon Peter Gutwein MP”—


Debate resumed.


Ms L. M. Chesters addressing the House—


It being 1.30 pm, the debate was interrupted in accordance with standing order 43, Ms L. M. Chesters was granted leave to continue her speech when the debate is resumed, and the resumption of the debate made an order of the day for a later hour this day.


~~~~~~~~~~~~~~~~


29 RELIGIOUS DISCRIMINATION BILL 2021


The order of the day having been read for the resumption of the debate on the question—That the bill be now read a second time— And on the amendment moved thereto by Mr Wilkie (see item No. 13, page 2447) —


Debate resumed.


Documents


Mr Albanese ( Leader of the Opposition ), by leave, presented the following documents:


Letter from the Hon Scott Morrison MP, Prime Minister, to the Hon Anthony Albanese MP, Leader of the Opposition, 1 December 2021.


Letter from the Hon Anthony Albanese MP, Leader of the Opposition, to the Hon Scott Morrison MP, Prime Minister, 1 December 2021.


Debate continued.


Debate adjourned (Mr Wood—Assistant Minister for Customs, Community Safety and Multicultural Affairs), and the resumption of the debate made an order of the day for a later hour this day.


~~~~~~~~~~~~~~~~


30 SUSPENSION OF STANDING ORDERS—TIME AND ORDER OF BUSINESS FOR THIS SITTING


Mr Wood (Assistant Minister for Customs, Community Safety and Multicultural Affairs), by leave, moved—That so much of the standing orders be suspended as would prevent the following from occurring in relation to business for today:


(1) consideration of the following bills in order, without intervening business:


(a) Religious Discrimination Bill 2021;


(b) Religious Discrimination (Consequential Amendments) Bill 2021;


(c) Human Rights Legislation Amendment Bill 2021;


(d) Treasury Laws Amendment (Enhancing Superannuation Outcomes For Australians and Helping Australian Businesses Invest) Bill 2021;


(e) National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Bill 2021; and


(f) Corporate Collective Investment Vehicle Framework and Other Measures Bill 2021;


(2) following consideration of the bills listed in paragraph (1), the House to immediately adjourn until 9.30 am on Thursday, 10 February 2022;


(3) from the determination of the Human Rights Legislation Amendment Bill 2021 until the adjournment of the House:


(a) any division called shall be deferred until 9.30 am on Thursday, 10 February 2022; and


(b) if any Member draws the attention of the Speaker to the state of the House, the Speaker shall announce that he will count the House at 9.30 am on Thursday, 10 February 2022; and


(4) any variation to this arrangement to be made only on a motion moved by a Minister.


Question—put and passed.


~~~~~~~~~~~~~~~~


31 RELIGIOUS DISCRIMINATION BILL 2021


The order of the day having been read for the resumption of the debate on the question—That the bill be now read a second time— And on the amendment moved thereto by Mr Wilkie (see item No. 13, page 2447) —


Debate resumed.


The House continuing to sit until after midnight—


Thursday, 10 February 2022


Question—That the amendment be disagreed to—put.


The House divided (the Speaker, Mr Wallace, in the Chair)—


AYES, 96


Mr Albanese Mr Drum Mr Katter Mr Ramsey*


Mr Alexander Mr Dutton Ms Kearney Ms Rishworth


Dr Allen Mrs Elliot [MP for Richmond] Mr C. Kelly Ms Ryan


Mrs K. L. Andrews Mr Entsch Mr Laming Mr Sharma


Mr K. J. Andrews Mr Evans Ms Landry Mr Simmonds


Ms Bell Mr Falinski Dr Leigh


Mr A. D. H. Smith Mr Bowen Mr Fletcher


Ms Ley Mr D. P. B. Smith Mr Broadbent Ms Flint


Mr Littleproud Ms Stanley* Mr Buchholz Dr Freelander


Ms McBain Mr Stevens Mr Burke Mr Frydenberg


Ms McBride Mr Sukkar Ms Burney Mr Georganas


Mr McCormack Ms Swanson Mr Burns Mr Giles


Mrs McIntosh Mr Taylor Ms T. M. Butler Dr Gillespie


Mrs Marino Ms Templeman Mr Byrne Mr Goodenough


Mr Marles Mr Thompson Mr D. J. Chester Mr Gorman


Dr Martin Mr van Manen Ms L. M. Chesters Mr Hamilton


Mr Morrison Mr Vasta Ms Claydon Mr Hawke


Mr Morton Mr Watts Ms Coker Mr Hayes


Mr Ted O’Brien Mrs Wicks Mr Coleman Mr Hill


Mr O’Connor Mr R. J. Wilson Mr Conaghan [MP for Cowper] Mr Hogan [MP for Page]


Mr Pasin Mr T. R. Wilson Mr Conroy Mr Howarth


Mr Pearce Mr Wood Mr Coulton Mr Hunt


Mrs Phillips Mr Wyatt Mr Dick Mr Jones


Mr Pitt Mr Zappia Mr Dreyfus Mr Joyce


Mr Porter Mr Zimmerman


NOES, 6


Mrs Archer Dr Haines* Ms Steggall Mr Wilkie


Mr Bandt* Ms Sharkie


* Tellers


And so it was resolved in the affirmative.


Question—That the bill be now read a second time—put.


The House divided (the Speaker, Mr Wallace, in the Chair)—


AYES, 97


Mr Albanese Mr Dutton Ms Kearney Mr Ramsey*


Mr Alexander Mrs Elliot [MP for Richmond] Mr C. Kelly Ms Rishworth


Dr Allen Mr Entsch Mr Laming Ms Ryan


Mrs K. L. Andrews Mr Evans Ms Landry Mr Sharma


Mr K. J. Andrews Mr Falinski Dr Leigh Mr Simmonds


Ms Bell Mr Fletcher Ms Ley Mr A. D. H. Smith


Mr Bowen Ms Flint Mr Littleproud Mr D. P. B. Smith


Mr Broadbent Dr Freelander Ms McBain Ms Stanley*


Mr Buchholz Mr Frydenberg Ms McBride Mr Stevens


Mr Burke Mr Georganas Mr McCormack Mr Sukkar


Ms Burney Mr Giles Mrs McIntosh


Ms Swanson Mr Burns Dr Gillespie Mrs Marino


Mr Taylor Ms T. M. Butler Mr Goodenough Mr Marles


Ms Templeman Mr Byrne Mr Gorman Dr Martin


Mr Thompson Mr D. J. Chester Mr Hamilton Mr Morrison


Mr van Manen Ms L. M. Chesters Mr Hawke Mr Morton


Mr Vasta Ms Claydon Mr Hayes Mr Ted O’Brien


Mr Watts Ms Coker Mr Hill Mr O’Connor Mrs Wicks Mr Coleman


Mr Hogan [MP for Page] Mr Pasin Mr R. J. Wilson Mr Conaghan [MP for Cowper]


Mr Howarth Mr Pearce Mr T. R. Wilson Mr Conroy


Mr Hunt Mr Perrett Mr Wood Mr Coulton Mr Jones


Mrs Phillips Mr Wyatt Mr Dick Mr Joyce


Mr Pitt Mr Zappia Mr Dreyfus Mr Katter


Mr Porter Mr Zimmerman Mr Drum

NOES, 6


Mrs Archer Dr Haines* Ms Steggall Mr Wilkie


Mr Bandt* Ms Sharkie


* Tellers


And so it was resolved in the affirmative—bill read a second time.


Consideration in detail


Bill, by leave, taken as a whole.


Mr Bandt, by leave, moved amendments (1) to (12) together.


Debate ensued.


Question—That the amendments be disagreed to—put.


The House divided (the Speaker, Mr Wallace, in the Chair)—


AYES, 90


Mr Albanese Mr Entsch Mr Laming Ms Rishworth


Mr Alexander Mr Evans Ms Landry Mr Sharma


Dr Allen Mr Falinski Dr Leigh Mr Simmonds


Mrs K. L. Andrews Mr Fletcher Ms Ley Mr A. D. H. Smith


Mr K. J. Andrews Ms Flint Mr Littleproud Mr D. P. B. Smith


Mrs Archer Mr Frydenberg Ms McBride Ms Stanley*


Ms Bell Mr Georganas Mr McCormack Mr Stevens


Mr Bowen Mr Giles Mrs McIntosh Mr Sukkar


Mr Broadbent Dr Gillespie Mrs Marino Mr Taylor


Mr Buchholz Mr Goodenough Mr Marles Ms Templeman


Ms Burney Mr Gorman Dr Martin Mr Thistlethwaite


Mr Burns Mr Hamilton Mr Morrison Mr Thompson


Mr Byrne Mr Hawke Mr Morton Mr van Manen


Mr D. J. Chester Mr Hayes Mr Ted O’Brien Mr Vasta


Ms L. M. Chesters Mr Hogan [MP for Page] Mr L. S. O’Brien Mr Watts


Ms Coker Mr Howarth Mr O’Dowd Mrs Wicks


Mr Coleman Mr Hunt Mr Pasin Mr R. J. Wilson


Ms Collins Mr Irons Mr Pearce Mr T. R. Wilson


Mr Conaghan [MP for Cowper] Mr Jones Mrs Phillips Mr Wood


Mr Coulton Mr Joyce Mr Pitt Mr Wyatt


Mr Dreyfus Mr Katter Mr Porter Mr Zappia


Mr Drum Mr C. Kelly Mr Ramsey* Mr Zimmerman


Mr Dutton Ms C. F. King


NOES, 5


Mr Bandt* Ms Sharkie Ms Steggall Mr Wilkie


Dr Haines*


* Tellers


And so it was resolved in the affirmative.


Mr C. Kelly moved an amendment.


Debate ensued.


Amendment negatived, Mr C. Kelly dissenting.


Document


Mr Fletcher (Minister representing the Attorney-General) presented a supplementary explanatory memorandum to the bill.


On the motion of Mr Fletcher, by leave, Government amendments (10), (12), and (17) to (21) were made together, after debate.


Mr Fletcher, by leave, moved Government amendments (1) to (9), (11), (13) to (16) and (22) together.


Mr Dreyfus moved the Opposition amendment to Government amendment (8).


Debate ensued.


Question—That the amendment be disagreed to—put.


The House divided (the Speaker, Mr Wallace, in the Chair)—


AYES, 62


Mr Alexander Mr Fletcher Ms Ley Mr Ramsey*


Dr Allen Ms Flint Mr Littleproud Mr Sharma


Mrs K. L. Andrews Mr Frydenberg Mr McCormack Mr Simmonds


Mr K. J. Andrews Dr Gillespie Mrs McIntosh Mr A. D. H. Smith


Ms Bell Mr Goodenough Mrs Marino Mr Stevens


Mr Broadbent Mr Hamilton Dr Martin Mr Sukkar


Mr Buchholz Mr Hawke Mr Morrison Mr Taylor


Mr D. J. Chester Mr Hogan [MP for Page] Mr Morton Mr Thompson


Mr Coleman Mr Howarth Mr Ted O’Brien Mr van Manen


Mr Conaghan [MP for Cowper] Mr Hunt Mr L. S. O’Brien Mr Vasta


Mr Coulton Mr Irons Mr O’Dowd Mrs Wicks


Mr Drum* Mr Joyce Mr Pasin Mr R. J. Wilson


Mr Dutton Mr Katter Mr Pearce Mr T. R. Wilson


Mr Entsch Mr C. Kelly Mr Pitt Mr Wood


Mr Evans Mr Laming Mr Porter Mr Wyatt


Mr Falinski Ms Landry


NOES, 62


Mr Albanese Mr Dick Ms M. M. H. King Ms Sharkie


Mrs Archer Mr Dreyfus Dr Leigh Mr Shorten


Mr Bandt Mrs Elliot [MP for Richmond] Ms McBain Mr D. P. B. Smith


Mr Bowen Dr Freelander Ms McBride Mr Snowdon


Mr Burke Mr Georganas Mr Marles Ms Stanley*


Ms Burney Mr Giles Mr B. K. Mitchell Ms Steggall


Mr Burns Mr Gorman Mr Neumann Ms Swanson


Ms T. M. Butler Mr Gosling Mr O’Connor Ms Templeman


Mr Byrne Dr Haines Ms O’Neil Mr Thistlethwaite


Dr Chalmers Mr Hayes Ms Owens Ms Thwaites


Ms L. M. Chesters Mr Hill Mr Perrett Mr Watts


Mr Clare Mr Husic Mrs Phillips Ms Wells


Ms Claydon Mr Jones Ms Rishworth Mr Wilkie


Ms Coker Ms Kearney Ms Rowland Mr Zappia


Ms Collins Mr Khalil Ms Ryan* Mr Zimmerman


Mr Conroy Ms C. F. King


* Tellers


The numbers for the “Ayes” and the “Noes” being equal, the Speaker gave his casting vote with the “Ayes” in accordance with the principle that where no further discussion is possible, decisions should not be taken except by a majority.


And so it was resolved in the affirmative.


Question—That Government amendments (1) to (9), (11), (13) to (16) and (22) be agreed to—put and passed, Mr Bandt and Mr Wilkie dissenting.


Mr Dreyfus, by leave, moved Opposition amendments (2), (4), (10), (17) to (19) and (21) to (27) together.


Debate ensued.


Question—That the amendments be disagreed to—put.


The House divided (the Speaker, Mr Wallace, in the Chair)—


AYES, 62


Mr Alexander Mr Fletcher Ms Ley Mr Ramsey*


Dr Allen Ms Flint Mr Littleproud Mr Sharma


Mrs K. L. Andrews Mr Frydenberg Mr McCormack Mr Simmonds


Mr K. J. Andrews Dr Gillespie Mrs McIntosh Mr A. D. H. Smith


Ms Bell Mr Goodenough Mrs Marino Mr Sukkar


Mr Broadbent Mr Hamilton Dr Martin Mr Taylor


Mr Buchholz Mr Hawke Mr Morrison Mr Thompson


Mr D. J. Chester Mr Hogan [MP for Page] Mr Morton Mr van Manen


Mr Coleman Mr Howarth Mr Ted O’Brien Mr Vasta


Mr Conaghan [MP for Cowper] Mr Hunt Mr L. S. O’Brien Mrs Wicks


Mr Coulton Mr Irons Mr O’Dowd Mr R. J. Wilson


Mr Drum* Mr Joyce Mr Pasin Mr T. R. Wilson


Mr Dutton Mr Katter Mr Pearce Mr Wood


Mr Entsch Mr C. Kelly Mr Pitt Mr Wyatt


Mr Evans Mr Laming Mr Porter Mr Zimmerman


Mr Falinski Ms Landry


NOES, 61


Mr Albanese Mr Dreyfus Ms M. M. H. King Ms Ryan*


Mrs Archer Mrs Elliot [MP for Richmond] Dr Leigh Ms Sharkie


Mr Bandt Dr Freelander Ms McBain Mr Shorten


Mr Bowen Mr Georganas Ms McBride Mr D. P. B. Smith


Mr Burke Mr Giles Mr Marles Mr Snowdon


Ms Burney Mr Gorman Mr B. K. Mitchell Ms Stanley*


Mr Burns Mr Gosling Mr R. G. Mitchell Ms Steggall


Mr Byrne Dr Haines Mr Neumann Ms Swanson


Dr Chalmers Mr Hayes Mr O’Connor Ms Templeman


Ms L. M. Chesters Mr Hill Ms O’Neil Mr Thistlethwaite


Mr Clare Mr Husic Ms Owens Ms Thwaites


Ms Claydon Mr Jones Mr Perrett Mr Watts


Ms Coker Ms Kearney Mrs Phillips Ms Wells


Ms Collins Mr Khalil Ms Rishworth Mr Wilkie


Mr Conroy Ms C. F. King Ms Rowland Mr Zappia


Mr Dick


* Tellers


And so it was resolved in the affirmative.


Mr Dreyfus, by leave, moved Opposition amendments (5) to (9) and (11) to (15) together.


Debate ensued.


Question—That the amendments be disagreed to—put.


The House divided (the Speaker, Mr Wallace, in the Chair)—


AYES, 63


Mr Alexander Mr Fletcher Ms Ley Mr Sharma


Dr Allen Ms Flint Mr Littleproud Mr Simmonds


Mrs K. L. Andrews Mr Frydenberg Mr McCormack Mr A. D. H. Smith


Mr K. J. Andrews Dr Gillespie Mrs McIntosh Mr Stevens


Ms Bell Mr Goodenough Mrs Marino Mr Sukkar


Mr Broadbent Mr Hamilton Dr Martin Mr Taylor


Mr Buchholz Mr Hawke Mr Morrison Mr Thompson


Mr D. J. Chester Mr Hogan [MP for Page] Mr Morton Mr van Manen


Mr Coleman Mr Howarth Mr Ted O’Brien Mr Vasta


Mr Conaghan [MP for Cowper] Mr Hunt Mr L. S. O’Brien Mrs Wicks


Mr Coulton Mr Irons Mr O’Dowd Mr R. J. Wilson


Mr Drum* Mr Joyce Mr Pasin Mr T. R. Wilson


Mr Dutton Mr Katter Mr Pearce Mr Wood


Mr Entsch Mr C. Kelly Mr Pitt Mr Wyatt


Mr Evans Mr Laming Mr Porter Mr Zimmerman


Mr Falinski Ms Landry Mr Ramsey*


NOES, 61


Mr Albanese Mr Dreyfus Ms M. M. H. King Ms Ryan*


Mrs Archer Mrs Elliot [MP for Richmond] Dr Leigh Ms Sharkie


Mr Bandt Dr Freelander Ms McBain Mr Shorten


Mr Bowen Mr Georganas Ms McBride Mr D. P. B. Smith


Mr Burke Mr Giles Mr Marles Mr Snowdon


Ms Burney Mr Gorman Mr B. K. Mitchell Ms Stanley*


Mr Burns Mr Gosling Mr R. G. Mitchell Ms Steggall


Ms T. M. Butler Dr Haines Mr Neumann Ms Swanson


Mr Byrne Mr Hayes Mr O’Connor Ms Templeman


Dr Chalmers Mr Hill Ms O’Neil Mr Thistlethwaite


Mr Clare Mr Husic Ms Owens Ms Thwaites


Ms Claydon Mr Jones Mr Perrett Mr Watts


Ms Coker Ms Kearney Mrs Phillips Ms Wells


Ms Collins Mr Khalil Ms Rishworth Mr Wilkie


Mr Conroy Ms C. F. King Ms Rowland Mr Zappia


Mr Dick


* Tellers


And so it was resolved in the affirmative.


Bill, as amended, agreed to.


Consideration in detail concluded.


Leave granted for third reading to be moved immediately.


Mr Fletcher moved—That the bill be now read a third time.


Question—put.


The House divided (the Speaker, Mr Wallace, in the Chair)—


AYES, 90


Mr Albanese Mrs Elliot [MP for Richmond] Mr Katter Mr Pitt


Mr Alexander Mr Entsch Mr C. Kelly Mr Porter


Dr Allen Mr Evans Mr Laming Mr Ramsey*


Mrs K. L. Andrews Mr Falinski Ms Landry Ms Rishworth


Mr K. J. Andrews Mr Fletcher Dr Leigh Ms Rowland


Ms Bell Ms Flint Ms Ley Mr Shorten


Mr Bowen Dr Freelander Mr Littleproud Mr A. D. H. Smith


Mr Broadbent Mr Frydenberg Mr McCormack Mr D. P. B. Smith


Mr Buchholz Mr Georganas Mrs McIntosh Ms Stanley*


Mr Burke Mr Giles Mrs Marino Mr Stevens


Ms Burney Dr Gillespie Mr Marles Mr Sukkar


Ms T. M. Butler Mr Goodenough Dr Martin


Mr Taylor Dr Chalmers Mr Hamilton Mr Morrison


Mr Thompson Mr D. J. Chester Mr Hawke Mr Morton


Mr van Manen Ms Claydon Mr Hayes Mr Neumann


Mr Vasta Mr Coleman Mr Hill Mr Ted O’Brien


Mr Watts Mr Conaghan [MP for Cowper] Mr Hogan [MP for Page] Mr L. S. O’Brien


Mrs Wicks Mr Conroy Mr Howarth Mr O’Connor


Mr R. J. Wilson Mr Coulton Mr Hunt Mr O’Dowd


Mr T. R. Wilson Mr Dick Mr Husic Mr Pasin


Mr Wood Mr Dreyfus Mr Irons Mr Pearce


Mr Wyatt Mr Drum Mr Jones Mr Perrett


Mr Zappia Mr Dutton Mr Joyce


NOES, 6


Mrs Archer Dr Haines* Ms Steggall Mr Wilkie


Mr Bandt* Ms Sharkie


* Tellers


And so it was resolved in the affirmative—bill read a third time.


~~~~~~~~~~~~~~~~


32 RELIGIOUS DISCRIMINATION (CONSEQUENTIAL AMENDMENTS) BILL 2021


The order of the day having been read for the resumption of the debate on the question—That the bill be now read a second time—


Question—put and passed—bill read a second time.


Leave granted for third reading to be moved immediately.


On the motion of Mr Fletcher (Minister representing the Attorney-General), the bill was read a third time.


~~~~~~~~~~~~~~~~


33 HUMAN RIGHTS LEGISLATION AMENDMENT BILL 2021


The order of the day having been read for the resumption of the debate on the question—That the bill be now read a second time—


Question—put and passed—bill read a second time.


Consideration in detail


Bill, by leave, taken as a whole.


Ms Sharkie moved amendment (2).


Debate ensued.


Question—That the amendment be disagreed to—put.


The House divided (the Speaker, Mr Wallace, in the Chair)—


AYES, 69


Mr Alexander Mr Entsch Mr C. Kelly Mr Porter


Dr Allen Mr Evans Ms Landry Mr Ramsey*


Mrs K. L. Andrews Mr Falinski Dr Leigh Mr Sharma


Mr K. J. Andrews Ms Flint Ms Ley Mr Simmonds


Ms Bell Mr Frydenberg Mr Littleproud Mr A. D. H. Smith


Mr Broadbent Mr Georganas Mr McCormack Ms Stanley*


Mr Buchholz Mr Giles Mrs McIntosh Mr Stevens


Mr Burke Dr Gillespie Mrs Marino Mr Sukkar


Ms Burney Mr Goodenough Mr Marles Mr Taylor


Mr D. J. Chester Mr Hamilton Mr Morrison Mr Thompson


Ms Claydon Mr Hawke Mr Morton Mr van Manen


Mr Coleman Mr Hayes Mr Ted O’Brien Mr Vasta


Mr Conaghan [MP for Cowper] Mr Hogan [MP for Page] Mr L. S. O’Brien


Mr Watts Mr Coulton Mr Hunt Mr O’Dowd


Mr R. J. Wilson Mr Dick Mr Irons Mr Pasin


Mr T. R. Wilson Mr Dreyfus Mr Joyce Mr Pearce


Mr Wyatt Mr Drum Mr Katter Mr Pitt


Mr Zappia Mr Dutton


NOES, 8


Mrs Archer Dr Haines* Ms Sharkie Mr Wilkie


Mr Bandt* Dr Martin Ms Steggall Mr Zimmerman


* Tellers


And so it was resolved in the affirmative.


Ms Sharkie moved amendment (3).  [my yellow highlighting]


Debate ensued.


Question—That the amendment be disagreed to—put.


The House divided (the Speaker, Mr Wallace, in the Chair)—


AYES, 58


Mr Alexander Ms Flint Ms Ley Mr Ramsey* Mrs K. L. Andrews


Mr Frydenberg Mr Littleproud Mr Simmonds Mr K. J. Andrews


Dr Gillespie Mr McCormack Mr A. D. H. Smith Ms Bell


Mr Goodenough Mrs McIntosh Mr Stevens Mr Broadbent


Mr Hamilton Mrs Marino Mr Sukkar Mr Buchholz


Mr Hawke Mr Morrison Mr Taylor Mr D. J. Chester


Mr Hogan [MP for Page] Mr Morton Mr Thompson Mr Conaghan [MP for Cowper]


Mr Howarth Mr Ted O’Brien Mr van Manen Mr Coulton


Mr Hunt Mr L. S. O’Brien Mr Vasta Mr Drum*


Mr Irons Mr O’Dowd Mrs Wicks Mr Dutton


Mr Joyce Mr Pasin Mr R. J. Wilson Mr Entsch


Mr Katter Mr Pearce Mr T. R. Wilson Mr Evans


Mr C. Kelly Mr Pitt Mr Wood Mr Falinski


Mr Laming Mr Porter Mr Wyatt


Mr Fletcher Ms Landry


NOES, 65


Mr Albanese Mr Dreyfus Dr Leigh Ms Sharkie


Dr Allen Mrs Elliot [MP for Richmond] Ms McBain Mr Sharma Mrs Archer


Dr Freelander Ms McBride Mr Shorten Mr Bandt


Mr Georganas Mr Marles Mr D. P. B. Smith Mr Bowen


Mr Giles Dr Martin Mr Snowdon Mr Burke


Mr Gorman Mr B. K. Mitchell Ms Stanley* Ms Burney


Mr Gosling Mr R. G. Mitchell Ms Steggall Mr Burns


Dr Haines Mr Neumann Ms Swanson Ms T. M. Butler


Mr Hayes Mr O’Connor Ms Templeman Mr Byrne


Mr Hill Ms O’Neil Mr Thistlethwaite Dr Chalmers


Mr Husic Ms Owens Ms Thwaites Mr Clare


Mr Jones Mr Perrett Mr Watts Ms Claydon


Ms Kearney Mrs Phillips Ms Wells Ms Coker


Mr Khalil Ms Rishworth Mr Wilkie Ms Collins


Ms C. F. King Ms Rowland Mr Zappia Mr Conroy


Ms M. M. H. King Ms Ryan* Mr Zimmerman


Mr Dick


* Tellers


And so it was negatived.


Question—That the amendment be agreed to—put.


The House divided (the Speaker, Mr Wallace, in the Chair)—


AYES, 65


Mr Albanese Mr Dreyfus Dr Leigh Ms Sharkie


Dr Allen Mrs Elliot [MP for Richmond] Ms McBain Mr Sharma Mrs Archer


Dr Freelander Ms McBride Mr Shorten Mr Bandt


Mr Georganas Mr Marles Mr D. P. B. Smith Mr Bowen


Mr Giles Dr Martin Mr Snowdon Mr Burke


Mr Gorman Mr B. K. Mitchell Ms Stanley* Ms Burney


Mr Gosling Mr R. G. Mitchell Ms Steggall Mr Burns


Dr Haines Mr Neumann Ms Swanson Ms T. M. Butler


Mr Hayes Mr O’Connor Ms Templeman Mr Byrne


Mr Hill Ms O’Neil Mr Thistlethwaite Dr Chalmers


Mr Husic Ms Owens Ms Thwaites Mr Clare


Mr Jones Mr Perrett Mr Watts Ms Claydon


Ms Kearney Mrs Phillips Ms Wells Ms Coker


Mr Khalil Ms Rishworth Mr Wilkie Ms Collins


Ms C. F. King Ms Rowland Mr Zappia Mr Conroy


Ms M. M. H. King Ms Ryan* Mr Zimmerman Mr Dick


NOES, 59


Mr Alexander Mr Fletcher Ms Landry Mr Ramsey*


Mrs K. L. Andrews Ms Flint Ms Ley Mr Simmonds


Mr K. J. Andrews Mr Frydenberg Mr Littleproud Mr A. D. H. Smith


Ms Bell Dr Gillespie Mr McCormack Mr Stevens


Mr Broadbent Mr Goodenough Mrs McIntosh Mr Sukkar


Mr Buchholz Mr Hamilton Mrs Marino Mr Taylor


Mr D. J. Chester Mr Hawke Mr Morrison Mr Thompson


Mr Coleman Mr Hogan [MP for Page] Mr Morton Mr van Manen Mr Conaghan [MP for Cowper]


Mr Howarth Mr Ted O’Brien Mr Vasta Mr Coulton


Mr Hunt Mr L. S. O’Brien Mrs Wicks Mr Drum*


Mr Irons Mr O’Dowd Mr R. J. Wilson Mr Dutton


Mr Joyce Mr Pasin Mr T. R. Wilson Mr Entsch


Mr Katter Mr Pearce Mr Wood Mr Evans


Mr C. Kelly Mr Pitt Mr Wyatt Mr Falinski


Mr Laming Mr Porter


* Tellers


And so it was resolved in the affirmative.


Question—That the bill, as amended, be agreed to—put.


The House divided (the Speaker, Mr Wallace, in the Chair)—


AYES, 65


Mr Albanese Mr Dreyfus Dr Leigh Ms Sharkie


Dr Allen Mrs Elliot [MP for Richmond] Ms McBain Mr Sharma


Mrs Archer Dr Freelander Ms McBride Mr Shorten


Mr Bandt Mr Georganas Mr Marles Mr D. P. B. Smith


Mr Bowen Mr Giles Dr Martin Mr Snowdon


Mr Burke Mr Gorman Mr B. K. Mitchell Ms Stanley*


Ms Burney Mr Gosling Mr R. G. Mitchell Ms Steggall


Mr Burns Dr Haines Mr Neumann Ms Swanson


Ms T. M. Butler Mr Hayes Mr O’Connor Ms Templeman


Mr Byrne Mr Hill Ms O’Neil Mr Thistlethwaite


Dr Chalmers Mr Husic Ms Owens Ms Thwaites


Mr Clare Mr Jones Mr Perrett Mr Watts


Ms Claydon Ms Kearney Mrs Phillips Ms Wells


Ms Coker Mr Khalil Ms Rishworth Mr Wilkie


Ms Collins Ms C. F. King Ms Rowland Mr Zappia


Mr Conroy Ms M. M. H. King Ms Ryan* Mr Zimmerman


Mr Dick


NOES, 59


Mr Alexander Mr Fletcher Ms Landry Mr Ramsey*


Mrs K. L. Andrews Ms Flint Ms Ley Mr Simmonds


Mr K. J. Andrews Mr Frydenberg Mr Littleproud Mr A. D. H. Smith


Ms Bell Dr Gillespie Mr McCormack Mr Stevens Mr Broadbent


Mr Goodenough Mrs McIntosh Mr Sukkar Mr Buchholz


Mr Hamilton Mrs Marino Mr Taylor Mr D. J. Chester


Mr Hawke Mr Morrison Mr Thompson Mr Coleman


Mr Hogan [MP for Page] Mr Morton Mr van Manen Mr Conaghan [MP for Cowper]


Mr Howarth Mr Ted O’Brien Mr Vasta Mr Coulton


Mr Hunt Mr L. S. O’Brien Mrs Wicks Mr Drum*


Mr Irons Mr O’Dowd Mr R. J. Wilson Mr Dutton


Mr Joyce Mr Pasin Mr T. R. Wilson Mr Entsch


Mr Katter Mr Pearce Mr Wood Mr Evans


Mr C. Kelly Mr Pitt Mr Wyatt Mr Falinski


Mr Laming Mr Porter


* Tellers


And so it was resolved in the affirmative.


Bill, as amended, agreed to.


Consideration in detail concluded.


On the motion of Mr Fletcher (Minister representing the Attorney-General), by leave, the bill was read a third time.


~~~~~~~~~~~~~~~~


Member for Mayo Rebekha Sharkie's moved amendment passed 65 to 58:


HOUSE OF REPRESENTATIVES


Human Rights Legislation Amendment Bill 2021


(Ms Sharkie)


(1) Schedule 1, item 6, page 5 (lines 4 to 7), omit subsection 47C(4).

[educational institutions]

(2) Schedule 1, page 6 (after line 10), at the end of the Schedule, add:

10 At the end of section 37


Add:

(3) Paragraph (1)(d) does not apply to an act or practice of an educational institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular

religion or creed if the act or practice is in connection with employment, education or training provided by the educational institution.


11 Section 38

Repeal the section.


[educational institutions]


(3) Schedule 1, page 6 (after line 10), at the end of the Schedule, add:

10 At the end of section 37


Add:

(3) Notwithstanding paragraph (1)(d), it is unlawful for an educational institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed to discriminate against a student or prospective student on the ground of

the student’s or prospective student’s sexual orientation, gender identity, marital or relationship status or pregnancy.


11 Subsection 38(3)

Repeal the subsection


~~~~~~~~~~~~~~~~


Senate, Hansard, 10 February 2022, excerpt:


The PRESIDENT: With the agreement of the chamber, I'll put the question on those bills as set out by Senator McKim first. We start with the question on those bills as listed by Senator McKim—three electoral matters bills, NDIS amendment, two religious discrimination bills and the human rights bill.


Senator RICE (Victoria—Deputy Australian Greens Whip) (12:03): I seek leave to make a short statement.


The PRESIDENT: Leave is granted for one minute.


Senator RICE: The Religious Discrimination Bill should be dumped rather than be rushed through the Senate. The bill, as was passed through the House last night, would increase discrimination against people with disability, against women, against people of minority faiths and against LGBTIQA+ people. The bill, as was passed through the House last night, would allow an aged-care home to refuse to employ a worker because she is a Muslim woman wearing a hijab. The bill, as was passed through the House last night, would allow a school to sack staff or students because they refuse to sign up to a school policy that says homosexuality is evil. The bill that was passed through the House last night would make legal hurtful, harmful statements, like disability being a punishment from God.This bill should be dumped. It should be put into the dustbin of history, rather than being rushed through the Senate.


The PRESIDENT: The question is that the motion be agreed to with respect to the bills as listed by Senator McKim. Senator Urquhart.


Senator Urquhart: Could we put the electoral bills separately, and the religious ones together?


The PRESIDENT: You're happy with putting the electoral bills and the NDIS bill together, and then the religious discrimination and the human rights bills; is that correct?


Senator Urquhart: Yes.


The PRESIDENT: We will start with the Electoral Legislation Amendment (Foreign Influences and Offences) Bill 2022, the Electoral Legislation Amendment (Authorisations) Bill 2022, the Electoral Legislation Amendment (COVID Enfranchisement) Bill 2022 and the National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Bill 2021. The question is the motion be agreed to.


The Senate divided. [12:11]

(The President—Senator Brockman)

Ayes.......................48

Noes.......................9

Majority .................39

Question agreed to


The PRESIDENT (12:14): I will now put the question on the Religious Discrimination Bill 2021, the Religious Discrimination (Consequential Amendments) Bill 2021 and the Human Rights Legislation Amendment Bill 2021.

Question negatived.


~~~~~~~~~~~~~~~~


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