Page 2370 - Week 08 - Wednesday, 22 June 1994
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Madam Speaker, it seems to me that the logical thing for us to do when we are dealing with such a serious issue is to bring it to the attention of members. All members ought to be conscious of any act of discrimination that is going on, if that is at all possible, particularly within the ACT's public service. Madam Speaker, I think this a very sensible amendment put up by Mr Humphries, and I shall be supporting it.
MR HUMPHRIES (4.31): May I make a brief point, Madam Speaker. The Chief Minister says that discrimination referred to in clause 39 is positive discrimination; it is discrimination in favour of somebody, not against somebody, and therefore it cannot possibly breach the Discrimination Act. I would accept her logic were it not for the provisions of subclause 65(3). She says in that subclause - and this is her Bill, do not forget - that discrimination in favour of some group shall not be taken to be unlawful under the Discrimination Act. If that possibility exists, she cannot in the same breath argue that positive discrimination cannot in some circumstances be discrimination which is unlawful.
Amendment agreed to.
MS FOLLETT (4.32): Madam Speaker, I move:
8. Page 22, lines 20 and 21, omit "administrative units or Territory instrumentalities", substitute "government agencies".
Again, this is a tidying up exercise consistent with what I did previously. It is merely to change the definition of "industrial democracy program" by omitting "administrative units or Territory instrumentalities" and replacing that phrase with the phrase "government agencies". It is an improvement to the text.
Amendment agreed to.
Clause, as amended, agreed to.
Clause 44
MS FOLLETT (Chief Minister and Treasurer) (4.33): Madam Speaker, I move:
9. Page 24, line 2, subclause (1), omit "may make provision", substitute "shall provide".
This amendment makes it very clear that the joint council will be established - in other words, it makes it mandatory - and arises as a result of our negotiations with the unions. Madam Speaker, I realise that this amendment may give problems to some members; but the fact of the matter is that as a Labor government we are very proud to acknowledge the consultation that occurs with unions and have no objection to making that consultation with the peak union body, the union management body - the joint council - mandatory within our legislation.
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