Division Description Changes — Bills — Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022; Consideration in Detail — 7th Nov 2022

Change	Division
representatives vote 2022-11-07#6 Edited by mackay staff on 2022-11-11 13:59:31	Title Bills — Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022; Consideration in Detail Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 - Consideration in Detail - Extending protection Description ~~<p class="speaker">Zoe Daniel</p>~~ <p>I rise to speak in support of the amendments to the Anti-Discrimination and Human Rights Legislation (Respect at Work) Bill 2022, circulated by the member for Wentworth. While there is much to commend, the scope of the 'Respect at Work' bill does not extend the same protections to everyone who is protected under the Sex Discrimination Act 1984 and that's why I support this amendment—because everyone deserves to be treated with dignity and respect at work.</p> The majority voted in favour of disagreeing with [amendments](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6916_amend_5bc8429f-95b8-4ae8-9d53-d0c49f3913f4%22;rec=0) introduced by Wentworth MP [Allegra Spender](https://theyvoteforyou.org.au/people/representatives/wentworth/allegra_spender) (Independent), which means they failed and won't be included in the bill. ### Rebellion Bass MP [Bridget Archer](https://theyvoteforyou.org.au/people/representatives/bass/bridget_archer) (Liberal) crossed the floor to vote 'No' in this division while the rest of her party voted "Yes". This means that Ms Archer supported these amendments. ### What did the amendments do? Ms Spender [explained that](https://www.openaustralia.org.au/debates/?id=2022-11-07.35.1): *> I celebrate the respect at work bill and I commend the government for putting forward this legisl*ation at this time. However, in the noble pursuit of swiftly implementing the remaining findings of the Respect@Work report, this bill is too narrowly focused on sex. Hostile environment provisions and the positive duty to prevent discrimination do not extend to the full range of characteristics protected under the Sex Discrimination Act, including sexual orientation, gender identity, intersex status, pregnancy or relationship status. In particular, this bill does not provide appropriate protection to LGBTQ people. That is absolutely crucial in our consideration because there's ample evidence that LGBTQ people are particularly vulnerable to hostile environments in the workplace and are particularly vulnerable to the mental health impacts of such environments. > *> The bill also creates inconsistency in terms of what we're asking from business, who must already comply with antidiscrimination law that relates** to all the protected characteristics under the Sex Discrimination Act.* > *> The amendment I have moved extends the hostile workplace environment and positive duty provisions in this bill to cover all characteristics that are protected under the Sex Discrimination Act. It provides protections for** the LGBTQ community and greater consistency and ease of implementation for business. I commend the amendment to the House.* ### Amendment text > (1) Schedule 1, item 2, page 3 (line 12), after “sex”, insert “, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities”. > > (2) Schedule 1, item 3, page 3 (before line 15), before the definition of workplace , insert: > >> discrimination matter means the following: >> >>> (a) a matter mentioned in any of paragraphs 5(1)(a) to (c) (sex discrimination); >>> *>>> (b) a matter mentioned in any of paragraphs 5A(1)(a) to (c) (discrimination on** the ground of sexual orientation);* >>> >>> (c) a matter mentioned in any of paragraphs 5B(1)(a) to (c) (discrimination on the ground of gender identity); >>> *>>> (d) a matter men*tioned in any of paragraphs 5C(1)(a) to (c) (discrimination on the ground of intersex status); >>> >>> (e) a matter mentioned in any of paragraphs 6(1)(a) to (c) (discrimination on the ground of marital or relationship status); >>> >>> (f) a matter mentioned in any of paragraphs 7(1)(a) to (c) (discrimination on the ground of pregnancy or potential pregnancy); >>> >>> (g) a matter mentioned in any of paragraphs 7AA(1)(a) to (c) (discrimination on the ground of breastfeeding); >>> *>>> (h) a matter mentioned in any of subparagraphs 7A(b)(i) to (iii) (d*iscrimination on the ground of family responsibilities). > > (3) Schedule 1, item 4, page 3 (lines 19 to 29 ), omit section 8A, substitute: > >> 8A Workplace environment that is hostile for 2 or more reasons >> >> For the purposes of this Act, a workplace environment may be offensive, intimidating or humiliating to a person by reason of a discrimination matter if it is offensive, intimidating or humiliating by reason of 2 or more matters that include a discrimination matter, whether or not the discrimination matter is the dominant or substantial reason. > > (4) Schedule 1, item 5, page 4 (line 5), at the end of subsection 28M(1), add “, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities”. > *> (5) Schedule 1, item 5, page 4 (lines 7 and 8), omit “the ground of sex”, substitute “a ground** mentioned in subsection (1)”.* > > (6) Schedule 1, item 5, page 4 (lines 13 to 22), omit paragraph 28M(2)(c), substitute: > >> (c) a reasonable person, having regard to all the circumstances, would have anticipated the possibility of the conduct resulting in the workplace environment being offensive, intimidating or humiliating to a person with the characteristics of the second person by reason of a discrimination matter. > > (7) Schedule 1, item 6, page 5 (line 4), after “sex”, insert “, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities”. > > (8) Schedule 2, item 8, page 7 (line 23), after “sex”, insert “, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities”. <p>The attribute of sex only is too narrow. In its submission to the Senate inquiry, Equality Australia argued that the new protections regarding hostile work environments and the positive duty to eliminate discrimination should apply to all protected attributes under the Sex Discrimination Act, including sexual orientation, gender identity and intersex status. This would ensure consistency and coherence in federal discrimination law, and ensure that all protections in the Sex Discrimination Act apply equally to people regardless of their gender, sexual orientation or sex characteristics. As the Prime Minister said in this chamber today, statistics show that LGBTIQA+ people experience high rates of discrimination, including harassment and sexual harassment. In the largest study of its kind, Private Lives 3 documented the experiences of almost 7,000 LGBTIQ+ plus people living in Australia. Around one in four said they had experienced harassment in the past 12 months because of their sexual orientation or gender identity. Young transgender people are one of the most vulnerable groups in our society, experiencing discrimination, bullying, harassment, often a lack of family acceptance, and barriers to medical care.</p> <p>Life can be challenging enough for these groups. It should not be that way in the workplace too. No-one should feel unsafe or uncomfortable in their place of work, and this reform, therefore, shouldn't stop with the Sex Discrimination Act. There's also a place for a positive duty to eliminate discrimination in all federal discrimination laws: the Racial Discrimination Act 1975, the Disability Discrimination Act 1992 and the Age Discrimination Act 2004. I urge the government to make a comprehension review of its federal discrimination laws as a matter of priority, and I commend this amendment to the House.</p> ~~<p class="speaker">Milton Dick</p>~~ ~~<p>The question is that the amendments moved by the member for Wentworth be disagreed to.</p>~~ ~~<p></p>~~ ~~<p></p>~~

~~Zoe Daniel~~
I rise to speak in support of the amendments to the Anti-Discrimination and Human Rights Legislation (Respect at Work) Bill 2022, circulated by the member for Wentworth. While there is much to commend, the scope of the 'Respect at Work' bill does not extend the same protections to everyone who is protected under the Sex Discrimination Act 1984 and that's why I support this amendment—because everyone deserves to be treated with dignity and respect at work.
The majority voted in favour of *disagreeing* with [amendments](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6916_amend_5bc8429f-95b8-4ae8-9d53-d0c49f3913f4%22;rec=0) introduced by Wentworth MP [Allegra Spender](https://theyvoteforyou.org.au/people/representatives/wentworth/allegra_spender) (Independent), which means they failed and won't be included in the bill.
### Rebellion
Bass MP [Bridget Archer](https://theyvoteforyou.org.au/people/representatives/bass/bridget_archer) (Liberal) crossed the floor to vote 'No' in this division while the rest of her party voted "Yes". This means that Ms Archer supported these amendments.
### What did the amendments do?
Ms Spender [explained that](https://www.openaustralia.org.au/debates/?id=2022-11-07.35.1):
> *I celebrate the respect at work bill and I commend the government for putting forward this legislation at this time. However, in the noble pursuit of swiftly implementing the remaining findings of the Respect@Work report, this bill is too narrowly focused on sex. Hostile environment provisions and the positive duty to prevent discrimination do not extend to the full range of characteristics protected under the Sex Discrimination Act, including sexual orientation, gender identity, intersex status, pregnancy or relationship status. In particular, this bill does not provide appropriate protection to LGBTQ people. That is absolutely crucial in our consideration because there's ample evidence that LGBTQ people are particularly vulnerable to hostile environments in the workplace and are particularly vulnerable to the mental health impacts of such environments.*
>
> *The bill also creates inconsistency in terms of what we're asking from business, who must already comply with antidiscrimination law that relates to all the protected characteristics under the Sex Discrimination Act.*
>
> *The amendment I have moved extends the hostile workplace environment and positive duty provisions in this bill to cover all characteristics that are protected under the Sex Discrimination Act. It provides protections for the LGBTQ community and greater consistency and ease of implementation for business. I commend the amendment to the House.*
### Amendment text
> *(1) Schedule 1, item 2, page 3 (line 12), after “sex”, insert “, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities”.*
>
> *(2) Schedule 1, item 3, page 3 (before line 15), before the definition of workplace , insert:*
>
>> *discrimination matter means the following:*
>>
>>> *(a) a matter mentioned in any of paragraphs 5(1)(a) to (c) (sex discrimination);*
>>>
>>> *(b) a matter mentioned in any of paragraphs 5A(1)(a) to (c) (discrimination on the ground of sexual orientation);*
>>>
>>> *(c) a matter mentioned in any of paragraphs 5B(1)(a) to (c) (discrimination on the ground of gender identity);*
>>>
>>> *(d) a matter mentioned in any of paragraphs 5C(1)(a) to (c) (discrimination on the ground of intersex status);*
>>>
>>> *(e) a matter mentioned in any of paragraphs 6(1)(a) to (c) (discrimination on the ground of marital or relationship status);*
>>>
>>> *(f) a matter mentioned in any of paragraphs 7(1)(a) to (c) (discrimination on the ground of pregnancy or potential pregnancy);*
>>>
>>> *(g) a matter mentioned in any of paragraphs 7AA(1)(a) to (c) (discrimination on the ground of breastfeeding);*
>>>
>>> *(h) a matter mentioned in any of subparagraphs 7A(b)(i) to (iii) (discrimination on the ground of family responsibilities).*
>
> *(3) Schedule 1, item 4, page 3 (lines 19 to 29 ), omit section 8A, substitute:*
>
>> *8A Workplace environment that is hostile for 2 or more reasons*
>>
>> *For the purposes of this Act, a workplace environment may be offensive, intimidating or humiliating to a person by reason of a discrimination matter if it is offensive, intimidating or humiliating by reason of 2 or more matters that include a discrimination matter, whether or not the discrimination matter is the dominant or substantial reason.*
>
> *(4) Schedule 1, item 5, page 4 (line 5), at the end of subsection 28M(1), add “, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities”.*
>
> *(5) Schedule 1, item 5, page 4 (lines 7 and 8), omit “the ground of sex”, substitute “a ground mentioned in subsection (1)”.*
>
> *(6) Schedule 1, item 5, page 4 (lines 13 to 22), omit paragraph 28M(2)(c), substitute:*
>
>> *(c) a reasonable person, having regard to all the circumstances, would have anticipated the possibility of the conduct resulting in the workplace environment being offensive, intimidating or humiliating to a person with the characteristics of the second person by reason of a discrimination matter.*
>
> *(7) Schedule 1, item 6, page 5 (line 4), after “sex”, insert “, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities”.*
>
> *(8) Schedule 2, item 8, page 7 (line 23), after “sex”, insert “, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities”.*
The attribute of sex only is too narrow. In its submission to the Senate inquiry, Equality Australia argued that the new protections regarding hostile work environments and the positive duty to eliminate discrimination should apply to all protected attributes under the Sex Discrimination Act, including sexual orientation, gender identity and intersex status. This would ensure consistency and coherence in federal discrimination law, and ensure that all protections in the Sex Discrimination Act apply equally to people regardless of their gender, sexual orientation or sex characteristics. As the Prime Minister said in this chamber today, statistics show that LGBTIQA+ people experience high rates of discrimination, including harassment and sexual harassment. In the largest study of its kind, Private Lives 3 documented the experiences of almost 7,000 LGBTIQ+ plus people living in Australia. Around one in four said they had experienced harassment in the past 12 months because of their sexual orientation or gender identity. Young transgender people are one of the most vulnerable groups in our society, experiencing discrimination, bullying, harassment, often a lack of family acceptance, and barriers to medical care.
Life can be challenging enough for these groups. It should not be that way in the workplace too. No-one should feel unsafe or uncomfortable in their place of work, and this reform, therefore, shouldn't stop with the Sex Discrimination Act. There's also a place for a positive duty to eliminate discrimination in all federal discrimination laws: the Racial Discrimination Act 1975, the Disability Discrimination Act 1992 and the Age Discrimination Act 2004. I urge the government to make a comprehension review of its federal discrimination laws as a matter of priority, and I commend this amendment to the House.
~~Milton Dick~~
~~The question is that the amendments moved by the member for Wentworth be disagreed to.~~
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