Religious discrimination bill ‘can be improved’

Christian Porter has pledged to “take on board amendments” to ­improve his religious discrimination bill.

Christian Porter has pledged to “listen to all viewpoints and take on board amendments” to ­improve the effectiveness of his religious discrimination bill.

In an interview with The Weekend Australian following the release of the draft bill, the Attorney-General also defended the government’s consultation with faith-based groups, saying stakeholders had “significant ­opportunities to have their voices heard” during the Ruddock ­religious freedom review.

Mr Porter’s draft bill, endorsed by cabinet last week, includes protections making it tougher for large employers to sack workers who express their beliefs, dubbed the “Israel Folau provision”, and shield religious institutions from discrimination claims.

Responding to concerns about the decision to delay an Australian Law Reform Commission review examining exemptions to discrimination in the Sex Discrimination Act, Mr Porter confirmed he met with the ALRC last week. The final report is not expected until December next year.

Religious groups yesterday said they understood a preliminary report, which was imminent, was considering a “positive rights framework”, which has been championed by some faith-based groups. “It was suggested in that meeting (last week), given the range of issues that had been ­resolved by the consultation draft, that the terms of reference be amended to allow the focus of the ALRC to be on the remaining ­issues around exemptions to discrimination in the Sex Discrimination Act. That appeared sensible in all the circumstances and we have acted on that suggestion,” Mr Porter said.

Graphic: The Porter Plan

He also responded to concerns the bill allowed professional associations to refuse membership to people on the grounds of their ­religious belief or activity if it clashed with the profession, trade or occupation. “Right now in NSW and South Australia it is lawful for a qualifying body — whether it is the Royal College of Physicians or the Law Society — to refuse to admit you to practice because of your ­religion,” he said. “This bill changes that. As it’s currently drafted, the bill means an employer can’t discriminate against an employee, and qualifying bodies like the Royal College of Physicians and the Law Society can’t prevent someone from becoming a doctor or a lawyer because of their religion.”

Mr Porter also defended the omission of commercial-boycott protections in the draft bill, saying people were free to “exercise their freedom of choice to deal or not deal with a company”. He said the bill protected a religious person running a small business where another company refused to supply them with an item.

“If you were a Christian baker, and a company refused to sell you flour to make your cakes because they didn’t like your religion, that would be a denial of goods and services on the basis of religion, and the baker would be able to take ­action.”

Catholic Archbishop of Hobart Julian Porteous, who was subject to a 2015 anti-discrimination complaint about a booklet supporting traditional marriage, yesterday welcomed the draft bill, saying it addressed the “very low threshold” that saw him dragged before Tasmania’s anti-discrimination commission. “I’m encouraged by the government’s draft legislation … particularly because it does ­address the situation I experienced here in Tasmania,” he said.

Australian Association of Christian Schools executive officer Alithea Westerman was concerned the ALRC review of school protections had been “narrowed and delayed significantly”, saying it extended “uncertainty for Christian education schools who simply want their ability to be authentic Christian edu­cation communities ­protected”.

Barnaby Joyce said he wanted to clarify the ability of doctors and nurses to object to performing or referring anyone for an abortion. “If people make a conscientious objection, it’s a total conscientious objection. It’s an out clause — you don’t have to refer a patient to someone else who wants to kill a human being,” he said.

Additional reporting: Matthew Denholm, Richard Ferguson