Anti-Discrimination (Heterosexual Discrimination) Amendment Bill
Page: 6766
In Committee
Consideration resumed from an earlier hour.
The Hon. Dr BRIAN PEZZUTTI [2.50 p.m.], by leave: I move the following amendment to Opposition amendment No. 2:
That the amendment be amended by inserting after proposed section 49ZF (2):
(3) A person does not discriminate against another person on the ground of sexuality if the other person's sexuality is or has been shown in criminal behaviour.
This amendment will correct a possible problem, that under the provisions of the bill a claim of discrimination on the grounds of sexuality could be made by a person whose sexuality is of a criminal nature.
The Hon. IAN MACDONALD (Parliamentary Secretary) [2.50 p.m.]: The Government has not had time to consider this amendment. The amendment has implications which the honourable member may not have thought through. The Government is betwixt stools, if I may use that expression. I do not know whether the Hon. Dr Brian Pezzutti is aware of major problems with provisions of this bill and the implications for homosexual males aged 16 to 18 who currently come under the Crimes Act. At this point the Government does not oppose the amendment, but I seek the indulgence of the House for a moment so that I can clarify one matter.
The Hon. IAN MACDONALD: Further to my remarks, I have now sought advice. At this point the Government will oppose the amendment to the amendment because its consequences need to be assessed. It has implications relating to the current Crimes Act. I know what the honourable member is endeavouring to do. When the bill is forwarded to the Legislative Assembly, the Government will assess how this point can be dealt with. We will not vote for the amendment of the amendment at this stage because it has implications beyond the quite legitimate concerns of the Hon. Dr Brian Pezzutti. Therefore the Government will oppose the amendment to the amendment, but will not oppose amendment No. 2.
The Hon. Dr BRIAN PEZZUTTI [2.53 p.m.]: Without my amendment, amendment No. 2 is nonsensical: it would not change the status quo in any way whatsoever.
The Hon. IAN MACDONALD (Parliamentary Secretary) [2.53 p.m.]: The Government is acknowledging that this is an issue that it must consider. I am saying that the amendment moved by Hon. Dr Brian Pezzutti may have consequences of which the Government is not fully aware or apprised of at this point in time. We would prefer not to have a vote on the amendment to the amendment at this point. We do not need to have a resolution on it at this stage, but the Government will be looking at the issue.
The Hon. Dr BRIAN PEZZUTTI [2.54 p.m.]: I have moved my amendment because if amendment No. 2 were accepted as it stands, it would not be possible to discriminate against somebody regarding employment in schools and so on if the person were, for example, a paedophile or someone whose sexuality includes bestiality. It does not go to the concerns expressed by the Hon. Ian Macdonald: it will not change the status quo regarding under-age people who may or may not be involved in either heterosexual or homosexual activity. Until those Acts and the Crimes Act are changed, this amendment will have no impact at all.
The Hon. JOHN JOBLING [2.55 p.m.]: Having heard the arguments of the Government and of my colleague, perhaps the matter could be resolved by the Government being prepared to give an undertaking, if the amendment is not passed by this Committee, to allow the amendment to be brought before the other House for consideration, if and when the bill proceeds to debate in the other place.
The Hon. IAN MACDONALD (Parliamentary Secretary) [2.56 p.m.]: I think I have already given that commitment. The Government realises there are some serious issues that need to be considered arising from both the amendment and the amendment of the amendment proposed by the Hon. Dr Brian Pezzutti. That position will be fully assessed before the bill is put before the other House.
Reverend the Hon. FRED NILE [2.56 p.m.]: As the Christian Democratic Party produced the original bill, we are happy to accept the amendment proposed by the Opposition. We understand and share the concerns of the Hon. Dr Brian Pezzutti. We accept the undertaking of the Government to give further consideration to an amendment in the other place. That amendment would come back to this Chamber in due course.
The Hon. JOHN JOBLING [2.57 p.m.]: Given the undertaking of the Government, a solution to the problem may well be found if my colleague considered withdrawing his amendment at this stage. Is my colleague prepared to so do, with the leave of the Committee?
The Hon. Dr BRIAN PEZZUTTI [2.58 p.m.]: Given the undertaking of the Government, the fact that it was only discovered at the last moment that there was a problem with the amendment, and the fact that I had only brief discussions with Parliamentary Counsel, I seek the leave of the Committee to withdraw my amendment.
Leave granted.
Amendment of the Hon. Dr Brian Pezzutti of Opposition amendment No. 2 withdrawn.
Opposition Amendment No. 2 agreed to.
Question—That the Opposition amendment No. 3 be agreed to—put.
The Committee divided.
Ayes, 19
Dr Chesterfield-Evans
Mrs Forsythe
Mr Gallacher
Mr Gay
Mr Harwin
Mr M. I. Jones
Mr R. S. L. Jones | Mr Lynn
Reverend Dr Moyes
Reverend Nile
Mr Oldfield
Mrs Pavey
Dr Pezzutti
Mr Ryan | Mr Samios
Mr Tingle
Dr Wong
Tellers,
Mr Colless
Mr Jobling |
Noes, 18
Mr Breen
Dr Burgmann
Ms Burnswoods
Mr Cohen
Mr Costa
Mr Della Bosca
Mr Dyer | Mr Egan
Mr Hatzistergos
Mr Macdonald
Mr Obeid
Ms Rhiannon
Mrs Sham-Ho
Ms Tebbutt | Mr Tsang
Mr West
Tellers,
Ms Fazio
Mr Primrose |
Pair
Question resolved in the affirmative.
Amendment agreed to.
Clause 3 and the long title agreed to.
Bill reported from Committee with amendments, including an amended title, and report adopted.
Third Reading
Reverend the Hon. FRED NILE [3.07 p.m.]: I move:
That this bill be now read a third time.
The House divided.
Ayes, 19
Mrs Forsythe
Mr Gallacher
Miss Gardiner
Mr Gay
Mr Harwin
Mr M. I. Jones
Mr R. S. L. Jones | Mr Lynn
Reverend Dr Moyes
Reverend Nile
Mr Oldfield
Mrs Pavey
Dr Pezzutti
Mr Ryan | Mr Samios
Mr Tingle
Dr Wong
Tellers,
Mr Colless
Mr Jobling |
Noes, 19
Mr Breen
Ms Burnswoods
Dr Chesterfield-Evans
Mr Cohen
Mr Costa
Mr Della Bosca
Mr Dyer | Mr Egan
Mr Hatzistergos
Mr Kelly
Mr Macdonald
Mr Obeid
Ms Rhiannon
Mrs Sham-Ho | Ms Tebbutt
Mr Tsang
Mr West
Tellers,
Ms Fazio
Mr Primrose |
Pair
The PRESIDENT: Order! There being an equality of votes, in accordance with the convention of maintaining the status quo I cast my vote with the noes.
Question resolved in the negative.
Motion negatived.