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In recent days, if you were to listen to the media reports, you could be forgiven for thinking that religious educators want to retain a right to exclude children or teachers from their schools on the basis of their gender or sexual orientation. Nothing could be further from the truth. Or nothing should be further from the truth.
It’s four years since the Australian Parliament amended the Marriage Act 1961 to provide that marriage means ‘the union of two people to the exclusion of all others’. The legislation followed the plebiscite on same sex marriage. To address the concerns of some religious groups, Prime Minister Malcolm Turnbull set up an expert panel chaired by long time Liberal Party minister Philip Ruddock to report on whether Australian law adequately protected the human right to freedom of religion.
On Thursday, three Bills were introduced to the House of Representatives: the Religious Discrimination Bill 2021, the Religious Discrimination (Consequential Amendments) Bill 2021, and the Human Rights Legislation Amendment Bill 2021. Collectively, these bills constitute the Morrison Government’s response to the Ruddock Religious Freedom Review provided to government in May 2018.
The High Court decision has been confusing for many people because it both upheld Ridd’s right to intellectual freedom and the university’s entitlement to sack him for breaches during disciplinary proceedings which had followed upon two wrongly argued censures. Basically, Ridd won on the point of intellectual freedom but he lost on the other aspects of his behaviour which had nothing to do with the exercise of intellectual freedom.
The Queensland parliament, like the Victorian parliament four years ago, is committed to legislating for voluntary assisted dying. The bill being considered by the one-chamber Queensland parliament this week basically follows the contours of the Victorian legislation. But there are three major developments proposed that are very worrying in this new field of social experimentation.
Clive Palmer is one Australian wanting to smash border restrictions during this time of pandemic. He is threatening to go back to the High Court seeking recognition of his right as an Australian citizen to travel freely between the States. In particular he claims the right to enter Western Australia where he has significant mining interests.
Last Wednesday, the Senate Standing Committee for the Scrutiny of Delegated Legislation chaired by the Government’s Senator Concetta Fierravanti-Wells tabled a report highlighting problems with a proposed new regulation affecting charities.
Australian governments and judges have been playing catch up for a long time trying to deal with the backlog of claims for migrant visas. A couple of recent judgments highlight the frustration at work in the system.
Who’d have thought that during Refugee Week, Australia’s highest court would endorse the Parliament’s view that our non-refoulement obligations under the Refugee Convention and the Convention Against Torture were now an irrelevance.
Australian jurisdictions are presently considering laws and policies relating to euthanasia, physician assisted dying and medically assisted suicide. The law can and should provide bright-line solutions or at least firm parameters within which the dying, their loved ones and their care providers can negotiate dying and death.
'John was Catholic to his bootstraps: Catholic, Irish Australian, a Labor man and a Carlton supporter. He'd have loved the inaugural speech delivered in the Victorian Parliament last month by the new Labor member for Hawthorn.' — Frank Brennan, Great Hall University House, Australian National University, 1 March 2019.
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