Page 801 - Week 03 - Thursday, 22 March 1990
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composition of the community. As far as antidiscrimination legislation is concerned, those who are informed on the subject realise that it is a very complex and difficult area of law. Due regard must be paid to the fact that there is already a system of Commonwealth laws which operates in the ACT in human rights matters. I refer to the Sex Discrimination Act, the Racial Discrimination Act and the HREOC Act, to name only some.
These Commonwealth laws are commendable, but they do not provide a complete coverage of human rights matters. That brings me to the first point about bringing a HREOC office back here. They do not deal with a complete coverage. For example, certain acts of discrimination may provide HREOC with grounds for reporting on such activities, but there are no avenues of redress, such as a determination. Proposals on a suggested system of laws to complement the Commonwealth scheme in the ACT were well advanced when the Alliance Government came to power on 5 December 1989. The former Follett Government announced these initiatives in its policy discussion paper after, I believe, the motion of no confidence was moved in it.
I have reviewed a set of proposals on antidiscrimination laws put to me by officers of the Government Law Office. I was impressed with the proposals, but I believe they did not go far enough. For example, I believe that the issue of age discrimination is critical and of immediate concern but was not addressed in the papers that had been advanced by the former Government. I instructed my officers to analyse that issue and ensure that it is included in the overall proposal for legislation.
I also draw attention to the need to examine the problem of discrimination surrounding HIV patients and those who provide care for such persons. In that context I went to Sydney, with my principal private secretary; we drove just about all night and got there at 1.00 am. In the morning we met with Professor Patricia Hyndman at the University of New South Wales and her colleagues. I had a brief discussion with Professor Ivan Shearer who is known to me in these contexts.
Two issues arose out of that. The first is that we had a pretty good package of laws, partly needing development, particularly in the age discrimination area and in one or two other areas. Specifically, I proposed to Professor Hyndman that we move to have a seminar in the ACT at an early date, at arm's length from my office, at arm's length from political issues, so that we can get this debate on a non-political basis where humanitarian concerns belong. In due course, I trust that I can bring the excellent academics from the Human Rights Centre at the University of New South Wales to Canberra to fill in a gap here on these issues and to hold a seminar - a public seminar, hopefully - on the issues. That is in answer to a comment made by the Leader of the Opposition about that trip.
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