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MS FOLLETT (Leader of the Opposition) (11.54): Mr Speaker, as the mover of the amendment Bill, I accept Mr Humphries’s amendments. I think they are sensible amendments to put beyond doubt, or to avoid any debate on, the precise nature of the coverage that we are seeking to implement for the Discrimination Act. Mr Humphries has specified some terms beyond the wording of my amendment Bill. I find them very sensible, and for that reason the Opposition will be supporting the amendments.
Amendments agreed to.
MS TUCKER (11.55): Mr Speaker, I move:
Page 2, line 5, after clause 4, add the following clause:
5. Section 59 of the Principal Act is amended by adding at the end the following subsections:
‘(6) It is unlawful for a workplace participant to subject another workplace participant, or a person seeking to become a workplace participant at that workplace, to sexual harassment at a place that is a workplace, or potential workplace, as the case requires, of both of those persons.
‘(7) In this section -
“place” includes a ship, aircraft or vehicle;
“workplace” means a place at which a workplace participant works or otherwise carries out functions in connection with being a workplace participant;
“workplace participant” means any of the following:
(a) an employer or employee;
(b) a commission agent or contract worker;
(c) a partner in a partnership.’.”.
Ms Follett's Bill addresses an important issue, namely, the definition of “employer” in cases which involve discrimination claims against members of the Legislative Assembly. The Greens endorse Ms Follett's Bill and Mr Humphries's amendments, as we believe that it is entirely appropriate that individual members be responsible for any actions which may be discriminatory. It is therefore appropriate to clarify the law with respect to this matter.