Summary

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This division relates to the Policy For the NT National Emergency Response.

The majority voted against an amendment introduced by Labor Senator Chris Evans.

This amendment related to the Racial Discrimination Act 1975. The Northern Territory National Emergency Response Bill 2007 currently contains a provision that says "The provisions of this Act, and any acts done under or for the purposes of those provisions, are excluded from the operation of Part II of the Racial Discrimination Act 1975". Senator Evans explained that Part II "is the section that prevents racial discrimination", which means that "we are passing a bill which the government says should not be subject to the Racial Discrimination Act’s prohibition on racial discrimination".(Read Senator Evans' whole explanation of his amendment here. )

Senator Evans said that the Labor party opposes this measure because they believe that "the measures in the bill, or the totality of the bill, can be considered special measures under the Racial Discrimination Act" and so the exclusion from Part II is unnecessary.

Background to the bills

The Northern Territory National Emergency Response Bill 2007 was introduced along with four other bills:

This legislation was introduced in response to the Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse, known as the Little Children are Sacred report, which was publicly released on 15 June 2007.(Read more about the background of the bills in the interim bills digest. ) That report came after concerns were raised on ABC's Lateline program in 2006.(Read the transcript for the Lateline programs that addressed the issue of child abuse in Indigenous communities in the Northern Territory here (the May 2006 program) and here (the June 2006 program).)

Votes Not passed by a small majority

Nobody rebelled against their party.

Party Votes
Australian Democrats (100% turnout) 4 Yes 0 No
Lyn Allison Victoria Yes
Andrew Bartlett Queensland Yes
Andrew Murray WA Yes
Natasha Stott Despoja SA Yes
Australian Greens (100% turnout) 4 Yes 0 No
Bob Brown Tasmania Yes
Christine Milne Tasmania Yes
Kerry Nettle NSW Yes
Rachel Siewert WA Yes
Australian Labor Party (78% turnout) 21 Yes 0 No
Mark Bishop WA Yes
George Campbell NSW Yes
Stephen Conroy Victoria Yes
Chris Evans WA Yes
Michael Forshaw NSW Yes
Annette Hurley SA Yes
Steve Hutchins NSW Yes
Linda Kirk SA Yes
Kate Lundy ACT Yes
Gavin Marshall Victoria Yes
Anne McEwen SA Yes
Jan McLucas Queensland Yes
Claire Moore Queensland Yes
Helen Polley Tasmania Yes
Robert Ray Victoria Yes
Nick Sherry Tasmania Yes
Ursula Stephens NSW Yes
Glenn Sterle WA Yes
Ruth Webber WA Yes
Penny Wong SA Yes
Dana Wortley SA Yes
Carol Brown Tasmania Absent
Kim Carr Victoria Absent
Trish Crossin NT Absent
John Faulkner NSW Absent
Joe Ludwig Queensland Absent
Kerry O'Brien Tasmania Absent
Nigel Scullion NT Country Liberal Party No
John Hogg Queensland Deputy President Yes
Steve Fielding Victoria Family First Party Yes
Liberal Party (81% turnout) 0 Yes 26 No
Eric Abetz Tasmania No
Guy Barnett Tasmania No
Cory Bernardi SA No
Simon Birmingham SA No
Sue Boyce Queensland No
George Brandis Queensland No
Paul Calvert Tasmania No
Grant Chapman SA No
Richard Colbeck Tasmania No
Mathias Cormann WA No
Alan Eggleston WA No
Concetta Fierravanti-Wells NSW No
Mary Fisher SA No
Bill Heffernan NSW No
Gary Humphries ACT No
David Johnston WA No
Rod Kemp Victoria No
Ross Lightfoot WA No
Ian Macdonald Queensland No
Brett Mason Queensland No
Stephen Parry Tasmania No
Kay Patterson Victoria No
Marise Payne NSW No
Michael Ronaldson Victoria No
Russell Trood Queensland No
John Watson Tasmania No
Judith Adams WA Absent
Helen Coonan NSW Absent
Chris Ellison WA Absent
Mitch Fifield Victoria Absent
Nick Minchin SA Absent
Judith Troeth Victoria Absent
National Party (100% turnout) 0 Yes 5 No
Ron Boswell Queensland No
Barnaby Joyce Queensland No
Sandy Macdonald NSW No
Julian McGauran Victoria No
Fiona Nash NSW No
Alan Ferguson SA President No
Totals (84% turnout) 31 Yes – 33 No