The Queensland government will renege on its promise to pass new anti-discrimination laws before the October state election – a move advocates say will leave women fleeing domestic violence, people with disabilities and members the LGBTQ+ community at risk.
Guardian Australia revealed on Monday that the state government was considering watering down reforms proposed by a review of the 33-year-old act.
State cabinet has approved a new plan that involves passing some measures – the parts that are a priority of the union movement – which mimic the federal “respect at work” bill, including placing a positive duty on workplaces to prevent discrimination or harassment.
It remains unclear whether other elements of the proposed reforms will be included in the new bill – due to be tabled on Friday – and which will be shelved until after the election.
The most controversial recommendation – to scrap the so-called “genuine occupational requirement” clause that has enabled faith-based schools to discriminate against teachers based on their sexuality, pregnancy, relationship status and gender identity – will not be passed during this term of government.
Other measures also likely to be delayed include proposals to scrap exemptions that allow accommodation providers to lawfully discriminate against sex workers; employers to discriminate against gender diverse or trans people when working with children; and IVF providers to discriminate against people on the basis of sexuality.
In a statement, the attorney general, Yvette D’ath, said the government remained committed to all of the reforms but that further work was needed to ensure new laws aligned with the federal approach to a March report by the Australian Law Reform Commission calling for the removal of exemptions for religious schools.
“This is a complex issue and many in the community have differing opinions,” D’ath said. “We need to make sure we get these legislative reforms right.”
Advocacy groups said this week they are concerned that a delay until after the election – with Labor well behind in published opinion polls – would put unfinished reforms at risk.
Alastair Lawrie, the director of policy and advocacy at the Public Interest Advocacy Centre, said there was “no justification” for Queensland to stall on the basis of the ALRC report.
“Indeed, the stance of the commonwealth government, which is currently refusing to introduce its own legislation without bipartisan support that is unlikely to be forthcoming, places more rather than less pressure on the Queensland government to act,” Lawrie said.
“The current ‘Don’t Ask, Don’t Tell’ approach under the Queensland Anti-Discrimination Act does not work and does not protect the rights of workers who should be employed on the basis of their skills and experience, not their sexual orientation or gender identity.”
Matilda Alexander from Queensland Advocacy for Inclusion said splitting the reforms would create a “chaotic and siloed” series of protections.
“It’s incredibly frustrating to hear that the Anti-Discrimination Act changes will not be going ahead,” Alexander said.
“Queenslanders have said conclusively what we think respect at work looks like in Queensland. We need the government to listen.
“And what we have comprehensively and completely told them is a respectful workplace in Queensland is one where all forms of discrimination are unlawful.
“We understand that the commitment was to repeal and replace the Anti Discrimination Act, which is now more than 30 years old. It’s outdated. It’s not fit for purpose. It can’t be tinkered with, it needs to be repealed [and] these changes need to happen now.”
Nadia Bromley, the chief executive of the Women’s Legal Service Queensland, said the reforms included measures to protect women experiencing domestic and family violence from discrimination.
“A woman who was fired for being the victim of domestic and family violence cannot sue for discrimination in Queensland,” she said. “They can also be denied access to housing by a landlord afraid of having their rental accommodation damaged.
“The bill’s been 33 years in the making already. It’s a really disappointing decision.”
Labor sources have said the government was “not up for a fight” with religious groups who had criticised draft legislation as “a betrayal of all faith communities in Queensland”.
The government needs to table the new bill by Friday for it to pass the parliament before the election.
