Page 555 - Week 03 - Tuesday, 19 May 1992
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Regrettably, Madam Speaker, the Government's actions in these matters leave a lot to be desired. However, once these projections of the Alliance Government's Discrimination Act are extended into the statutory authorities, as they will be at the end of this debate, then at least there will be some achievement; however, it is hardly one for which the Government can claim credit.
Madam Speaker, the only other comment that I want to make is in connection with a significant difference amongst these Bills. Of eight or nine Bills, one differs from the rest in terms of what is defined as "unjustified discrimination". I refer to the Fire Brigade (Administration) (Amendment) Bill. All of the Bills use standard phraseology in defining "unjustified discrimination", and it reads:
'unjustified discrimination' includes -
(a) discrimination that is unlawful under the Discrimination Act 1991; and
(b) unjustified discrimination on the ground of age or social origin.
When we get to the Fire Brigade Bill we discover that there are some additions to that. They relate to only the one Act. It says:
... but does not include -
(c) discrimination that is essential for the effective performance of the relevant duties, is not unlawful under the Discrimination Act 1991 and is prescribed; or
(d) discrimination that is not unlawful under the Discrimination Act 1991 and is in accordance with the equal employment opportunity program for the Brigade or a prescribed program.
Why is the Fire Brigade any different from all the other statutory bodies? Is it because Mr Berry is an expert on Fire Brigade matters and is influenced by his mates in the Fire Brigade union that they have to write this special prescription in this one Act which relates to the Fire Brigade? I am not sure what this means; but if it means that there are, for example, special physical characteristics that one can require of a fireman - - -
Mr Humphries: Don't upset your mates!
MR KAINE: That is true.
Mr Lamont: Fireperson.
MR KAINE: I am talking about only the male half. There is a female half, but the effect of this could be to exclude a woman because she does not match the special prescriptions that are set down for the Fire Brigade. The question that I have to
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