Page 417 - Week 02 - Tuesday, 19 February 2019
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It said:
Because the ACT Act does not validly provide for the formation of same sex marriages, its provisions about the rights of parties to such marriages cannot have separate operation and are also of no effect.
It was invalid in its entirety, and the ACT—the poor old ACT taxpayer, people like those we saw from the taxi industry here today—had to foot the bill for what was grandstanding, ignoring advice and bringing to this place unconstitutional laws.
Another example is the anti-protest law that this government brought in. They said it was completely valid to stop people’s right to protest or freedom of speech. They said that it was important to stop people from being able to walk past the health clinic and pray or sit silently. They thought that was a reasonable human right that they could limit. The government said at the time:
… reasonable limits may be placed on the right to freedom of expression (and related rights) with the aim of balancing competing interests.
They are very happy to trample over human rights when it suits their agenda, and they will cherrypick those. As I understand it, people in their 70s walking silently down the street were arrested. They are quite happy to trample over people’s human rights when it suits them, but if you have bikies marauding through the suburbs, they will take a very literal interpretation of the Human Rights Act and ignore section 28.
What is this actually about? We heard some of it in Ms Cody’s expression about the unions. This is quite clearly much more aimed at making sure that Ms Cody sends a message to the CFMEU: “I will be with you regardless of what you want. That is the constitution I will adhere to.” She said in her maiden speech:
To the CFMEU, the TWU and all the union officials who worked so hard to put me here … I pledge to always defend you, promote your goals, and strive to deliver for your members.
This is not about evidence; this is not about what is constitutional; this is not about human rights. This is about Ms Cody doing whatever the CFMEU and those other unions she mentioned tell her to do.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (3.40): Today’s matter of importance absolutely calls on us to reflect on our role as legislators, and I certainly thank and commend Ms Cody for bringing the matter to the attention of the Assembly. It is important that we all strive to make laws that serve the interests of Canberrans. Good lawmaking improves life in our community.
Legislation gives people a set of rules to resolve their disputes. It recognises our rights, our responsibilities. It creates a framework for people to participate in public life. Legislation should always reflect and embody the values that this community stands for: inclusion, equality and fairness. The legal framework that we sit in provides a
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