Page 5153 - Week 16 - Wednesday, 27 November 1991
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Question put:
That the amendment (Mr Stevenson's) be agreed to.
The Assembly voted -
AYES, 8 NOES, 5
Mr Duby Mr Berry
Mr Humphries Mr Connolly
Mr Jensen Ms Follett
Mr Kaine Mrs Grassby
Dr Kinloch Mr Wood
Mr Prowse
Mr Stefaniak
Mr Stevenson
Question so resolved in the affirmative.
Motion, as amended, agreed to.
Clause 9 agreed to.
Clauses 10 to 14 taken together
MR STEVENSON (8.49): Clause 10 talks about unlawful discrimination against applicants, employees and so on. This general area discusses whether or not one in a business can determine whom one hires. I think the principle here is that, if the marketplace discriminates, a business owner should not be made to pay for that discrimination. The legislation is flawed, to the degree that it tries to enforce things that it would be far better to achieve simply by education. I think we all agree that a society without unwarranted discrimination against such things as colour, creed, race, political views and so on would be a good idea.
I do not think these things will ever be achieved by making laws and by hauling offenders before a court to be fined or possibly put in gaol. We need education before legislation. I think most people would agree that over the years, as these matters have been talked about, there has been a change within society. As the matters have been debated, many people have looked at them a little bit more closely. I think that is a beneficial thing.
If someone comes to an understanding through education, that will benefit the person. Compulsion through enforcement could create division, disharmony and even discrimination. It could actually create the very things that this Bill purports to campaign against. Mr Speaker, suppose somebody running a business, say a grog shop, decides that a woman would be better suited to serve in the business. It may be that customers of that business think the same. If we force that business owner to hire someone other than a person he would normally choose to hire, we
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