The New South Wales premier, Dominic Perrottet, has questioned the need for the federal government’s religious discrimination bill, saying the proposed laws could cause more problems than they solve.
Perrottet’s comments came a day after Victoria’s premier, Daniel Andrews, revealed his government was already seeking legal advice on how to ensure existing state laws would be protected if the federal bill passed into law.
If passed, the federal legislation would override existing anti-discrimination legislation across all eight states and territories.
Federal Labor on Wednesday agreed to move substantial amendments to the government’s bill but pass it in the lower house, setting up a potential Senate standoff over the protection of LGBTQ+ students and statements of belief months out from the federal election.
Asked at a press conference if religious schools should be allowed to expel transgender students, Perrottet said he did not see why the federal government’s bill was needed.
“I’ve made it very clear that I don’t believe legislation in this space is necessary and I think it can end up creating more problems than it’s attempting to solve,” he said.
On Wednesday, Andrews said he agreed with moderate federal Liberal MP Bridget Archer, who had announced she would vote against the bill.
“She spoke about the fact that she was very concerned about arrangements in Canberra overriding state law – that didn’t make any sense to her,” Andrews said.
“I absolutely agree. We made election commitments. We’re just delivering the things that Victorians voted for. And that’s what’s been important to me. And we will always fight to do that.”
Last year, Victoria’s parliament passed the equal opportunity (religious exceptions) amendment bill, which prevented government-funded religious bodies from refusing services to people based on their sexual preference or gender. The law also banned religious schools from sacking or refusing to hire staff based on their sexual orientation or gender identity, although an exception remained for when it was critical to the job in question, such as the hiring of a religious studies teacher.
‘Eroding existing protections’
Liam Elphick, a discrimination law expert at Monash University, said the government’s legislation, if passed as it currently stands, would be the first time in 50 years that a federal law has explicitly weakened state and territory discrimination protections.
He said the legislation included two provisions – clauses 11 and 12 – that could be used as federal defences to trump anti-discrimination legislation across all eight state and territories.
“The statement of belief override would grant people of faith a positive right to make discriminatory and derogatory statements, eroding existing protections for women, LGBTIQ+ people, people with disabilities, and those of minority faiths,” he said.
“The religious schools override would reverse new laws in Victoria that provide strong protection for teachers and staff, allowing religion to be used as a guise to discriminate against them.”
On Wednesday LGBTQ+ advocate Rodney Croome said he would hand back his Order of Australia medal if the bill was passed into law.
Croome, who led the campaign to decriminalise homosexuality in Tasmania in the 1990s, wrote that the proposed bill targets Tasmania’s Anti-Discrimination Act in several places.
“The federal government is punishing Tasmania by attempting to knock us down to the level set by states with the worst anti-discrimination laws,” Croome wrote.
A Tasmanian government spokesperson said the state continued to “strongly advocate” against any weakening of its anti-discrimination legislation but would not respond to questions about possible legal avenues it may take if the bill passed.
The Australian Capital Territory’s chief minister, Andrew Barr, said the ACT would also consider its legal options if the legislation passed. Barr did not rule out a high court challenge but said it was unlikely the state would pursue that legal avenue without the support of other jurisdictions.
Queensland is awaiting the outcome of a review of its Anti-Discrimination Act by the state’s Human Rights Commission, with a final report due in June. But the attorney general, Shannon Fentiman, and the education minister, Grace Grace, have both publicly expressed concerns that the proposed legislation could override Queensland’s anti-discrimination laws.
Western Australia is also awaiting an independent review by the state’s Law Reform Commission of its Equal Opportunity Act that includes interrogating how the proposed law would interact with the legislation.
A South Australian government spokesperson did not respond to questions about what legal avenues it would take if the legislation passed, but said it would continue to “monitor any impacts” on state laws.
Wednesday’s comments were not the first time Perrottet – a proud Catholic who has in the past voted against decriminalising abortion – has questioned the motivations behind the religious freedoms bill.
Appearing on Sky News after the bill was introduced to federal parliament in November, the NSW premier said governments should refrain from attempting to legislate “freedom”.
“We haven’t needed it for over a hundred years, why now?” he said.
