The Commonwealth Attorney-General has launched a discussion paper on the "consolidation and harmonisation" of Commonwealth anti-discrimination law.  As advised in an earlier briefing, this is part of the revised Australian Human Rights Framework. Responding to this review is a high priority for CSA in the months ahead.  

Since 1975 human rights in Commonwealth law have been supported by five pieces of legislation: the Racial Discrimination Act 1975, the Sex Discrimination Act 1984, the Disability Discrimination Act 1992, the Age Discrimination Act 2004 and the Australian Human Rights Commission Act 1986.  The consolidation of this legislation into one act was proposed by the Attorney-General last year as part of the Australian Human Rights Framework, the Government’s response to the National Human Rights Consultation.

When the Framework was launched CSA contacted the Attorney General to see assurances that in any consolidation that existing protections for freedom of religion which are expressed as exemptions in the legislation would be retained.

Whilst we have not yet analysed the entire document in detail, an initial reading shows it that the Attorney-General has taken heed of our representations with the discussion paper indicating  “..this exercise will not lead to the a reduction in existing protections in federal anti-discrimination legislation.”  

The discussion paper also affirms the place of exceptions and exemptions in anti-discrimination law saying “not all discrimination is unlawful and there may be circumstances where it is appropriate to discriminate between people on the basis of attributes which would otherwise be protected.”

While recommending that “protections against discrimination on the grounds of sexual orientation and gender identity” be introduced the discussion paper “does not address the issue of same-sex marriage as the consolidation project will not alter the government’s position on this issue”.

Although a more considered response will need to await a thorough analysis of the discussion paper it is heartening that at this stage our representations seem to have been effective.

The Government will be taking submissions about issues raised in the discussion paper until February 1, 2012. 

CSA will be making a submission on behalf of our member schools and playing an active role in the debate to follow.