Page 3295 - Week 08 - Wednesday, 22 August 2012
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Gungahlin and inviting residents to a private, closed door meeting. The flyer cited reasons of social impact, traffic and noise, public interest and bulk scale and height.
The Canberra Times reported in July this year that, following that campaign, more than 30 submissions were received objecting to the mosque. Examples of reasons cited in the objections included that “women in burqas will scare children in Gungahlin” and that “the mosque is not compatible with Australian values and Australian law”. One submission asked that the government assure the citizens of Gungahlin that this centre will not be taken over by extremists, bent on bringing chaos. Another raised concerns about women and children.
My directorate has been advised that these latest pamphlets are still being distributed in the community. The government has received advice from the human rights commissioner that, as the Discrimination Act 1991 currently stands, it is unlikely that these acts would be covered by the vilification provisions in the act. This is because the act does not expressly include vilification on the grounds of religion.
The government has already asked the Law Reform Advisory Council to undertake a broad review of the Discrimination Act to ensure that it offers the best possible protection against discrimination in the ACT. I expect the council to report on its reference next year. However, in light of recent events, which have raised the issue of vilification of members of our Muslim community, the government strongly believes that resolution of this issue must be considered now.
The inquiry being conducted by the LRAC is, of course, a much broader body of work. I would like to take this opportunity to thank the LRAC for the work they are doing on this reference. I look forward to seeing their report and know that it will add further weight to the bill that is being presented today.
The Discrimination Amendment Bill 2012 amends sections 66 and 67 of the Discrimination Act by inserting the word “religion” into both sections, making religion one of the grounds for establishing vilification offences under part 6 of the Act, along with race, sexuality and HIV/AIDS status.
In relation to section 66, the amendment in clause 5 of the bill makes religion one of the grounds that can be used to establish an unlawful vilification. It is currently unlawful, under section 66, for “a person, by a public act, to incite hatred toward, serious contempt for, or severe ridicule of, a person or group of people on the ground of any of the following characteristics of the person or members of the group: race; sexuality; gender identity; HIV/AIDS status”. Religion, under this bill, will become one of those characteristics.
In the case of section 67, the amendment in clause 6 of the bill makes religion one of the grounds that can be used to establish a serious vilification offence. A person commits an offence, under section 67, “if the person intentionally carries out an act; and the person is reckless about whether the act is a public act; and the act is a threatening act; and the person is reckless about whether the act incites hatred towards, serious contempt for, or severe ridicule of, a person or group of people on the ground
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