Page 5105 - Week 16 - Wednesday, 27 November 1991
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MR STEFANIAK (4.49): Now that that paragraph has been omitted, I move:
Page 7, line 17, Paragraph (1)(k), insert the following paragraph: "(k) membership or non-membership of an organisation of employers or employees.".
Mr Speaker, I certainly hope that the Labor Government is not thinking of appointing as any of these commissioners some of the people that Mr Stevenson refers to who were outside Aidex. I think many of the other people would probably have trouble being in the same room with them. I do not think they would necessarily do that.
This particular amendment, Mr Stevenson, is a crucially important one when one talks about grounds of discrimination. We have the logical grounds listed here: Sex, sexuality, transsexuality, marital status, pregnancy, race, religion, political conviction, impairment and association. Quite correctly, the Chief Minister has taken out a huge general coverall which could have been quite disastrous, and I think all members would be concerned about that.
But there is one very obvious ground which is quite crucial and which should be put in here. It is a fundamental human right and it would give this legislation some balance. This legislation will be very much lacking in balance if this amendment is not passed. The amendment, of course, is to include membership or non-membership of an organisation of employers or employees. This is crucial, Mr Speaker. People in Australia should not be forced to join an organisation of employers or, indeed, an organisation of employees, that is, a trade union. It is absolutely crucial to fundamental freedoms.
This is not the Soviet Union under Stalin; this is meant to be a democratic Australia. This is not Nazi Germany under Hitler; this is supposed to be a democratic Australia. This is not Kampuchea under Pol Pot; this is not South Africa; this is not Chile; this is not Eastern Europe when the communists held sway there. This is Australia, and people should be free to belong to a trade union or an organisation of employers or to choose not to join such an organisation.
In clause 15 of this Bill, Mr Speaker, there is some mention of professional and trade organisations; but it does not include the right to join or not join. It properly defines "organisation" as an organisation of employers, a business organisation, or employees, a trade union, and it states that it is unlawful for an organisation or the management of an organisation to discriminate against a person who is not a member of the organisation by refusing or failing to accept that person's
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