Page 2367 - Week 08 - Wednesday, 22 June 1994
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However, I brought up the point because I believe that, as I have stated before, to refer to going down the line and heading towards South Africa is an attempt to denigrate another viewpoint. That is unfortunate. Is not the best way to debate any argument to debate it in the open? Will not people be able to make up their minds when they are free to hear both sides, not just free to hear one side and to have only one side reported, as the Canberra Times reported only one side of the debate on that Discrimination Bill? Not a word of what I said was reported. They just said that I carried out a one-man war against human rights. How bizarre!
Amendments negatived.
MR HUMPHRIES (4.20): I seek leave to move the amendment which has been circulated in my name under the heading "Advised".
Leave granted.
MR HUMPHRIES: I move:
Page 21, lines 25 to 27 (definition of "designated group"), paragraph (e), omit the paragraph.
Madam Speaker, I will not take a long time over this; I do not think we need to take a long time over it. Paragraph (e) in the definition of "designated group" seems effectively to allow somebody other than this Assembly to make exemptions from the Discrimination Act in relation to employment within the ACT public service. I draw members' attention to clause 251 of the Bill, which says:
The Commissioner may, with the approval in writing of the Chief Minister, make management standards ... prescribing matters -
It is not the Assembly but the commissioner who makes management standards, and it is the Chief Minister who assents to those management standards. I think it is true to say that there is no disallowance capacity with respect to those management standards, so we do not have the chance to review or disallow them. Those management standards, in turn, are referred to in clause 65, particularly subclause 65(3). I think this has a bearing on what the Chief Minister said before about the Discrimination Act. With respect, clause 39 affects the Discrimination Act quite significantly. Subclause 65(3) says:
... an appointment, promotion or transfer that is in accordance with a program to encourage the appointment to ... the Service of women or persons in a designated group, being a program that is declared by the management standards to be an approved program for the purposes of this subsection, shall be taken to be not unlawful under the Discrimination Act 1991.
Paragraph (e) under the definition of "designated group" allows the commissioner, with the approval of the Chief Minister, to exempt a class of persons from the operation of the Discrimination Act.
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