Liberals urge state colleagues to change ‘chilling’ anti-discrimination law

Tasmania’s Liberal government faces pressure from its own side of politics to urgently overhaul state anti-discrimination law.

Tasmanian Liberal senator Claire Chandler. Picture: Peter Mathew

Tasmania’s Liberal government faces pressure from its own side of politics to overhaul state anti-­discrimination laws, with federal Liberals openly lambasting it as “chilling and stifling” free speech.

Liberal senators calling for reform include Claire Chandler, fighting an anti-discrimination complaint for suggesting that only biological females should access women’s sports and toilets, and former federal minister Eric Abetz.

“To think that Senator Chandler’s sensitive and very caring … advocacy has landed her in a state commission to explain herself removes any doubt as to the chilling and stifling impact on free speech enabled by the current legislation,” Senator Abetz said. “This follows on from Hobart Archbishop Julian Porteous. who was similarly sought to be silenced for simply promoting the unanimously adopted teaching of his church.

“There is a clear need to amend the legislation. One suspects a High Court challenge may well strike down the legislation as being in breach of the (Constitution’s) implied freedom of speech.”

Senator Chandler, who as well as fighting the complaint has been warned she and her supporters face fines if they “insult” the anti-discrimination commissioner or her staff, also urged reform. “We all know the Tasmanian Anti-Discrimination Act is one of the most restrictive pieces of legislation in this country when it comes to free speech,” she said.

Senator Chandler recognised that the state government tried to amend the act in the wake of the 2015 complaint against Archbishop Porteous, to grant a religious purposes exception, but was foiled in the state’s upper house.

“I think given what has happened it me, I can’t really understand how legislators accept such an imposition on the rights of Tasmanians and elected members to discuss public policy issues,” she said.

“Something has to change.”

This would require the state government winning the support of upper house independents.

State Attorney-General Elise Archer declined to say whether the state would review the act, but appeared to leave it open.

“The Tasmanian government is committed to free speech and allowing all Tasmanians to express their views reasonably and respectfully, as this is a core part of our democracy,” Ms Archer said.

Senator Chandler said Equal Opportunity Tasmania on Wednesday cancelled a conciliation meeting with her complainant after she refused to sign a confidentiality agreement.

It is understood the matter has been returned to an EOT investigator and will either be dropped or sent for tribunal hearing.

Tasmania’s act makes it unlawful to “offend, humiliate, intimidate, insult or ridicule” someone on the basis of certain attributes, including “gender identity”.

Senator Chandler said a starting point for reform would be removing the words “offend” and “insult” while continuing to outlaw intimidation or clear hate speech, as well as bolstering public debate protections to better block dubious complaints.