Page 5158 - Week 16 - Wednesday, 27 November 1991
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MR SPEAKER: I thought we were going too slowly.
MR COLLAERY: Mr Speaker, we just have to reach that balance.
MR SPEAKER: To which clause are you speaking, Mr Collaery?
MR COLLAERY: I want to address, firstly, why we have exceptions to unlawful discrimination, to put on the record the reasons, because no doubt - - -
MR SPEAKER: Yes; which clause is this?
MR COLLAERY: This is 24 to - how far did you go?
MR SPEAKER: To 32. Yes, that is okay.
MR COLLAERY: To 32, okay.
MR SPEAKER: That is exactly where we are at. Please proceed.
MR COLLAERY: Thank you, Mr Speaker. Mr Speaker, these exceptions really spell out the meaning of this Bill. The discriminatory conduct which society allows is in these enumerated provisions. They also should record some comments that were made during the discussion stage about general exceptions to discrimination for domestic duties, so called, and residential care of children.
The provisions, for example, in respect of domestic duties are compared with those in other jurisdictions. In Western Australia there is an exemption covering much of this. In Victoria it is not unlawful to discriminate where employment is of no more than three persons in domestic or personal service, or in relation to the home of the employer. So, there are these acceptable provisions and it remains for us to explain adequately to the public the actual ambit of what they can do.
The exemption for religious bodies requires comment. I am aware that Justice Elizabeth Evatt in May last expressed the view that the exemption of religious bodies from the sex discrimination legislation was something that required review. I think we should put on the record the fact that we have given that very wide exemption to religious bodies.
I also put on the record the fact that at a stage before this Assembly rises I would like us to consider a definition of religious bodies because we have given an extremely wide exemption. Women particularly have concerns about their access to the ministry in at least one of the major Christian denominations where decisions were taken recently to exclude any further ordinations or granting of ministries. We have gone along with the rest of the nation and put off the time when we must consider whether it is
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