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Legislative Assembly for the ACT: 2002 Week 5 Hansard (8 May) . . Page.. 1285 ..

MR HARGREAVES (continuing):

The Hon. Justice Alistair Nicholson, Chief Justice of the Family Court, in September 1996, made the following statement in the Murdoch University Electronic Journal of Law:

To my mind, anyone who stands by the values of commitment, relationships and equal protection should support legislative measures that outlaw discrimination and recognise same-sex relationships. Otherwise, they are shareholders in unwarranted fear and prejudice, a stock that, unfortunately, is held dear by too many in this country. Inevitably, some of our politicians reflect these feelings, but I find it hard to believe that a majority of them do so, when and if they are confronted with the overwhelming logic of the contrary position.

Mr Speaker, this Assembly should take a stand against fear and prejudice, and pass this motion today. It should also be diligent in keeping the pressure on the Commonwealth to act quickly to address this inequality.

It is to the credit of the Standing Committee of Attorneys-General that they were able to present a united front on this issue. However, it is a bit sad that the Commonwealth says it will meet them halfway, in agreeing to the reference of powers from the states in respect of de facto couples, but not same-sex couples.

We need to be careful to take this thing in achievable bites. We need to be very careful that, when pushing the issue, we do not jeopardise one part of the issue in an all or nothing situation. The dialogue that we have with the Commonwealth ought to be underscoring the fact that their attitude is discriminatory.

I have a question to which I do not know the answer. Perhaps the current Attorney-General and the former Attorney-General will be able to shed some light on this. I wonder whether the refusal by the federal government to receive a reference of power in respect of same-sex relationships, but the acceptance of that same power with respect to de facto relationships, constitutes a breach of federal discrimination legislation.

The federal discrimination legislation says you cannot discriminate on the basis on sex. I wonder whether, by accepting one reference for de facto heterosexual relationships and refusing a reference of power on the basis of gay and lesbian relationships is a breach of the discrimination legislation at the federal level. I suggest it breaches the spirit of that legislation, and I am concerned.

I think the ACT needs to make a stand. However, we need to make sure that we do not get outside the loop of the states, because this is, in fact, moving forward. Nevertheless, we need to send a loud and strong message as to just how we feel about it.

Mr Speaker, I commend this motion to the Assembly. The Assembly has an opportunity to stand up against discrimination and vilification at every opportunity. This is our chance to do it, so we lead from the front yet again.

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