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 2021, having 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.
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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.
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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.
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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
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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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