Page 4486 - Week 15 - Tuesday, 19 November 1991
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This Bill, of course, touches on, quite considerably, human rights. It deals indeed with equal opportunity. But primarily it is all about discrimination and steps taken to counter discrimination. Accordingly, that is the correct name. I ask members to support this commonsense and sensible amendment.
MS FOLLETT (Chief Minister and Treasurer) (11.10): The Government opposes this amendment by Mr Stefaniak, and we do so for a very good reason. We changed the name of this Bill from the Discrimination Bill to the Human Rights and Equal Opportunity Bill in response to community comment that "discrimination" was too negative and that it would be valuable to have a title which emphasised the positive aspects of the legislation. I am aware, in particular, that the Women's Electoral Lobby and the South Australian Equal Opportunity Commission were very strong in making this point. I would like this Bill to have a positive impact; to actually act to change community understanding and perhaps to alert the community that this is something new. "Discrimination" is a fairly tired word, and for that reason I would much prefer the positive title.
I think that the title should reflect the important objects of the legislation; that it should promote equality of opportunity for everybody and that it is to protect the human rights of those who are disadvantaged in our society. I am sure that all members of the Assembly would agree with those objectives. As I say, part of the function of this legislation is to raise consciousness in the community, and I really do believe that a positive title helps to achieve this. If we look at the titles of similar legislation in other jurisdictions, I think you have to agree that Mr Stefaniak's amendment is a little bit out of line.
In New South Wales we have the Anti-Discrimination Act - anti; in Victoria, Equal Opportunity; in South Australia, Equal Opportunity; in Western Australia, Equal Opportunity; and the Commonwealth Act is the Human Rights and Equal Opportunity Commission Act. They also have other legislation - the Sex Discrimination Act and the Racial Discrimination Act. So, I again say that I favour the positive role in the title. I think it gives the legislation the sort of dignity and the sort of educative function that is appropriate to it, and I urge members to reject this amendment.
MR COLLAERY (11.12): As someone who has had a fair degree of discrimination tonight, I am interested in the term. When the Labor Government, on 3 December, rushed out a proposed discussion paper for legislation, the title of that paper was "Anti-Discrimination Legislation for the ACT". The discussion paper adopted the discrimination terminology. It said, in part: "The Government has decided to enact anti-discrimination legislation". It referred to the present framework of laws which use, for example, in the Commonwealth system, the Sex Discrimination Act, the Racial Discrimination Act, and so on.
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