The majority voted in favour of disagreeing with amendments introduced by Kooyong MP Monique Ryan (Independent), which means they failed and won't be included in the bill.

What did the amendments do?

Dr Ryan explained that:

The Respect@Work report proposed that costs might be ordered against the applicant only where the court was satisfied that the party instituted the proceedings vexatiously or without cause. That model has not been adopted in this bill. Instead, this bill proposes a cost-neutrality approach in which litigants bear their own costs unless the court orders otherwise. The bill does set out various factors that the court must have regard to in making costs orders. Superficially, the cost-neutral arrangement represents an improvement on the status quo. In effect, however, its design and the uncertainty around its operation will serve to undermine access to justice by limiting the ability of applicants to secure legal representation. Taking a cost-neutrality approach to a relationship characterised by systemic inequality only serves to entrench that inequality.

The amendment I have proposed offers an alternative: an equal-access approach. Under this proposal, each party will bear its own costs, except when the applicant is unsuccessful—that is, when the court has found that the respondent has engaged in discriminatory conduct, in which case the respondent will be liable to pay the applicant's costs, as they should. You should not be excused from bearing costs when you have broken the law. People and organisations found to have engaged in discrimination or harassment in breach of the law should have to pay the legal costs of the applicant. This will act as an incentive to change workplace cultures that permit discriminatory treatment. This should apply not only to sex discrimination cases but also to cases or instances of discrimination on the basis of race, age or physical capacity.

Amendment text

(1) Schedule 5, item 3, page 26 (line 12) to page 27 (line 13), omit section 46PSA, substitute:

46PSA Costs

(1) In proceedings under this Division against a respondent to a terminated complaint, an applicant in the proceedings may be ordered by the court to pay costs incurred by another party to the proceedings only in accordance with subsection (3).

(2) The court may not make an award of costs against an applicant who conducts the proceedings in a reasonable manner, in respect of any costs which relate to:

(a) the complaint; or

(b) any appeal in respect of the complaint.

(3) The applicant may be ordered to pay:

(a) all, or part of, the costs referred to in subsection (2) if the court is satisfied that the applicant instituted the proceedings vexatiously or without reasonable cause; or

(b) so much of another party's costs that the court is satisfied were incurred as a result of conduct by the applicant in the course of the proceedings which the court determines to be unreasonable.

(2) Schedule 5, item 6, page 27 (lines 24 and 25), omit "if the Court considers that there are circumstances that justify it in doing so", substitute "in certain circumstances".

(3) Schedule 5, item 9, page 28 (lines 8 and 9), omit "if the Court considers that there are circumstances that justify it in doing so", substitute "in certain circumstances".

Votes Passed by a large majority

Nobody rebelled against their party.

Party Votes
Australian Greens (100% turnout) 0 Yes 4 No
Adam Bandt Melbourne No
Stephen Bates Brisbane No
Max Chandler-Mather Griffith No
Elizabeth Watson-Brown Ryan No
Australian Labor Party (75% turnout) 57 Yes 0 No
Michelle Ananda-Rajah Higgins Yes
Chris Bowen McMahon Yes
Tony Burke Watson Yes
Matt Burnell Spence Yes
Linda Burney Barton Yes
Josh Burns Macnamara Yes
Alison Byrnes Cunningham Yes
Andrew Charlton Parramatta Yes
Lisa Chesters Bendigo Yes
Sharon Claydon Newcastle Yes
Libby Coker Corangamite Yes
Julie Collins Franklin Yes
Mark Dreyfus Isaacs Yes
Justine Elliot Richmond Yes
Cassandra Fernando Holt Yes
Mike Freelander Macarthur Yes
Carina Garland Chisholm Yes
Steve Georganas Adelaide Yes
Andrew Giles Scullin Yes
Patrick Gorman Perth Yes
Julian Hill Bruce Yes
Ed Husic Chifley Yes
Stephen Jones Whitlam Yes
Ged Kearney Cooper Yes
Matt Keogh Burt Yes
Madeleine King Brand Yes
Tania Lawrence Hasluck Yes
Jerome Laxale Bennelong Yes
Andrew Leigh Fenner Yes
Sam Lim Tangney Yes
Zaneta Mascarenhas Swan Yes
Kristy McBain Eden-Monaro Yes
Rob Mitchell McEwen Yes
Daniel Mulino Fraser Yes
Shayne Neumann Blair Yes
Brendan O'Connor Gorton Yes
Alicia Payne Canberra Yes
Graham Perrett Moreton Yes
Sam Rae Hawke Yes
Gordon Reid Robertson Yes
Dan Repacholi Hunter Yes
Tracey Roberts Pearce Yes
Michelle Rowland Greenway Yes
Joanne Ryan Lalor Yes
Bill Shorten Maribyrnong Yes
Sally Sitou Reid Yes
David Smith Bean Yes
Anne Stanley Werriwa Yes
Meryl Swanson Paterson Yes
Susan Templeman Macquarie Yes
Matt Thistlethwaite Kingsford Smith Yes
Kate Thwaites Jagajaga Yes
Maria Vamvakinou Calwell Yes
Tim Watts Gellibrand Yes
Anika Wells Lilley Yes
Josh Wilson Fremantle Yes
Tony Zappia Makin Yes
Anthony Albanese Grayndler Absent
Anne Aly Cowan Absent
Mark Butler Hindmarsh Absent
Jim Chalmers Rankin Absent
Jason Clare Blaxland Absent
Pat Conroy Shortland Absent
Luke Gosling Solomon Absent
Peter Khalil Wills Absent
Catherine King Ballarat Absent
Richard Marles Corio Absent
Emma McBride Dobell Absent
Louise Miller-Frost Boothby Absent
Brian Mitchell Lyons Absent
Peta Murphy Dunkley Absent
Clare O'Neil Hotham Absent
Fiona Phillips Gilmore Absent
Tanya Plibersek Sydney Absent
Amanda Rishworth Kingston Absent
Marion Scrymgour Lingiari Absent
Rebekha Sharkie Mayo Centre Alliance Yes
Mark Coulton Parkes Deputy Speaker Yes
Zoe Daniel Goldstein Independent Yes
Helen Haines Indi Independent Yes
Allegra Spender Wentworth Independent Yes
Zali Steggall Warringah Independent Yes
Kylea Tink North Sydney Independent Yes
Kate Chaney Curtin Independent No
Dai Le Fowler Independent No
Monique Ryan Kooyong Independent No
Sophie Scamps Mackellar Independent No
Andrew Wilkie Clark Independent No
Bob Katter Kennedy Katter's Australian Party Absent
Liberal National Party (38% turnout) 3 Yes 0 No
Colin Boyce Flynn Yes
Andrew Willcox Dawson Yes
Terry Young Longman Yes
Angie Bell Moncrieff Absent
Garth Hamilton Groom Absent
Henry Pike Bowman Absent
Phillip Thompson Herbert Absent
Andrew Wallace Fisher Absent
Liberal Party (33% turnout) 12 Yes 0 No
Karen Andrews McPherson Yes
Bridget Archer Bass Yes
Ian Goodenough Moore Yes
Julian Leeser Berowra Yes
Nola Marino Forrest Yes
Tony Pasin Barker Yes
James Stevens Sturt Yes
Michael Sukkar Deakin Yes
Aaron Violi Casey Yes
Jenny Ware Hughes Yes
Rick Wilson O'Connor Yes
Keith Wolahan Menzies Yes
Russell Broadbent Monash Absent
Scott Buchholz Wright Absent
David Coleman Banks Absent
Peter Dutton Dickson Absent
Warren Entsch Leichhardt Absent
Paul Fletcher Bradfield Absent
Andrew Hastie Canning Absent
Alex Hawke Mitchell Absent
Luke Howarth Petrie Absent
Sussan Ley Farrer Absent
Melissa McIntosh Lindsay Absent
Zoe McKenzie Flinders Absent
Scott Morrison Cook Absent
Ted O'Brien Fairfax Absent
Gavin Pearce Braddon Absent
Melissa Price Durack Absent
Rowan Ramsey Grey Absent
Stuart Robert Fadden Absent
Angus Taylor Hume Absent
Dan Tehan Wannon Absent
Alan Tudge Aston Absent
Bert Van Manen Forde Absent
Ross Vasta Bonner Absent
Jason Wood La Trobe Absent
National Party (31% turnout) 4 Yes 0 No
Sam Birrell Nicholls Yes
Pat Conaghan Cowper Yes
Michael McCormack Riverina Yes
Keith Pitt Hinkler Yes
Darren Chester Gippsland Absent
Andrew Gee Calare Absent
David Gillespie Lyne Absent
Kevin Hogan Page Absent
Barnaby Joyce New England Absent
Michelle Landry Capricornia Absent
David Littleproud Maranoa Absent
Llew O'Brien Wide Bay Absent
Anne Webster Mallee Absent
Milton Dick Oxley Speaker Absent
Totals (61% turnout) 83 Yes – 9 No