Labor and the Morrison government have failed to reach an agreement on a bill to stop religious schools excluding gay students, after the draft changes left the door open to discrimination in “reasonable” circumstances.
SBS News has obtained a copy of the draft amendment, which would still allow discrimination against students if it was done in “good faith” to protect the “religious susceptibilities” of followers of the faith.
Labor walked away from the legislation after it was sent a copy on Wednesday evening, ending the chances of the bill reaching parliament before late November.
“Unfortunately the government has stuffed this up,” shadow attorney-general Mark Dreyfus said.
SBS News has obtained a copy of the draft amendments Source: SBS
“The legislation presented to Labor late on Wednesday includes provisions that go beyond what the government promised, with potentially significant ramifications for LGBTI students.”
The amendments would delete the clause in the Sexual Discrimination Act 1984 that currently allows religious schools to discriminate against students on the basis of their sexuality.
But the government would insert new changes to the so-called “reasonableness test”, which allows discrimination in cases where it is “reasonable in the circumstances”.
It proposes a new “reasonable” situation – where a religious school could impose conditions or restrictions on a child “in good faith, in order to avoid injury to the religious susceptibilities of adherents of that religion or creed”.
The amendments would not stop schools discriminating against gay teachers – some of whom have told SBS News of a “don’t ask, don’t tell” mentality in staff rooms.
Attorney-General Christian Porter, who is responsible for drafting the laws, told 6PR radio in Perth the government needed “more time” to negotiate with Labor.
“We've provided two drafts of a bill which would be the potential outcome here. We need a little bit more time to finalise those negotiations,” Mr Porter said.
“The prime minister's view is that we should bring something into parliament that both sides of politics can agree on so that when it's introduced we can move it through quickly.”
He said there were differences of opinion over the rights religious schools should enjoy.
“What we're trying to do is find the best way to remove that but of course also allow some reasonable ability for schools and religious schools to keep order and rules in their schools.”
“So that's the sort of debate that we're having with Labor at the moment. It's going well. It's very constructive.”
Thursday was the last sitting day for the House of Representatives until November 26, which is now the earliest the bill could be introduced.
Attorney-General Christian Porter said the government needed more time to negotiate with Labor. Source: AAP
