Read The Times Australia

Daily Bulletin

Parliamentary inquiry sidesteps making recommendation on 18C

  • Written by: Michelle Grattan, Professorial Fellow, University of Canberra

Malcolm Turnbull had hoped that throwing the controversial section 18C of the Racial Discrimination Act to a parliamentary inquiry would help resolve an issue that has become totemic for conservatives in the increasingly vitriolic culture wars.

As is his luck these days, it has done no such thing. The joint committee on human rights has provided extensive and sensible advice on how to improve the processes for dealing with complaints, including to weed out vexatious ones early. But on the core question of the section’s wording, it has tossed that very hot potato right back into the laps of the Prime Minister and his cabinet.

In a search for maximum consensus among its members the committee, after hearing extensive evidence for the status quo on the one hand and various changes on the other, has presented a “range of proposals that had the support of at least one member of the committee”.

No one can say it’s not been comprehensive. But the list could have been written without the inquiry.

The current 18C outlaws actions “reasonably likely … to offend, insult, humiliate or intimidate” someone or a group of people, on the basis of race, colour or national or ethnic origin.

Section D provides exemptions and defences, including that of “good faith”, “public interest” and “fair comment”.

The options the committee has put are:

  • No change in wording of 18C and 18D.

  • Amending the act to ensure that the effect of it “is clear and accessible” by codifying the judicial interpretation. This would deal with the problem of the gap between what words like “offend” and “insult” mean in legal cases and their everyday meaning.

  • Removing the words “offend”, “insult” and “humiliate” and replacing them with “harass”.

  • Amending 18D to also include a “truth” defence similar to that of defamation law.

  • Changing the objective test, from assessing the likely effect of the conduct on a “reasonable member of the relevant group” to “the reasonable member of the Australian community”; and

  • Further investigating criminal provisions on incitement to racially motivated violence on the basis that existing state and federal laws have been ineffective.

The 18C debate is a microcosm of the divisions within the present Liberal Party. Even Liberal members of the committee are split and, as the report was released, were arguing their separate cases in the media.

Committee chair Ian Goodenough, a Liberal from Western Australia, says his personal opinion is that the bar is too low – he would favour replacing “offend” and “insult” with “harass”, leaving “humiliate” and “intimidate” as is.

But fellow Liberal Julian Leeser, from NSW, argues the current wording is satisfactory and sufficient reform can be achieved by altering the processes.

Those conservatives – politicians and vocal sections of the media - who have their teeth into this issue will put strong pressure on Turnbull to rework the wording.

The Human Rights Commission and its outgoing president Gillian Triggs have become high profile and symbolic targets for the conservatives; the case involving QUT students and the controversy over the Leak cartoon gave them bountiful ammunition.

Cory Bernardi, who recently quit the Liberal party, has a private member’s bill to which last year he signed up almost all Coalition senators; the bill, removing the words “insult” and “offend”, has gone to a committee and is expected to be debated this year.

Former Senate leader Eric Abetz reminded the government about the bill, saying he hoped it progressed changes to 18C and D “in line with the private senators bill, supported by all backbench senators, and with our values”.

The critics won’t be satisfied with just the better processes that have been recommended. This has been set up as a test of Turnbull’s credentials with the “base”.

Deputy Prime Minister and Nationals leader Barnaby Joyce injected a real-world reality check into the debate when he told Sky on Tuesday that in his recent travels in regional areas people hadn’t been raising 18C with him. Conservative Victorian senator James Paterson acknowledged Joyce had a specific constituency but said he was “disappointed” to hear his comment. Apparently in circles in which Paterson (a member of the committee) moves there is a “very high community expectation that we address this issue”.

Turnbull originally did not want to touch 18C. Under pressure from the agitators, he became more amenable to overhaul – hence the inquiry.

But a glance through the summary of evidence to the committee shows this is another issue on which he can’t win, because feeling runs high on each side of the public debate. It’s also a dangerous issue in marginal seats with big ethnic votes.

Meanwhile Triggs’ term ends mid-year. The government will be searching for a replacement. Turnbull will not adopt the Abbott advice to scrap the commission. Whoever is chosen will have the task of overseeing not only significant changes to the processes for complaints under the Racial Discrimination Act but also, one would expect, to the commission more broadly. It will be an appointment closely watched.

Authors: Michelle Grattan, Professorial Fellow, University of Canberra

Read more http://theconversation.com/parliamentary-inquiry-sidesteps-making-recommendation-on-18c-73792

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How to Fix Poor Subfloor Ventilation in Older Homes

Older homes have character, but many were built before today's ideas about moisture and airflow were...

Early Engagement on Instagram: What Those First Reactions Really Tell You

The first few hours after an Instagram post goes live are worth paying close attention to. A massi...

Why Preventive Care Matters for Heavy-Duty Equipment

Heavy-duty equipment is designed to operate reliably under demanding conditions and over extended ...

7 Natural Tips to Restore Shine and Softness to Dull Hair

Healthy, lustrous hair often feels like an unattainable dream when you are dealing with dry, brittle...

Buying Property with Someone else? Settle these Questions First

Buying a home with a partner, a sibling or a friend can make a purchase possible that neither of you...

How to Handle a Blocked Drain in Bribie Island Before Starting Deck Repairs

Planning an outdoor upgrade brings excitement, but building a beautiful timber deck requires caref...

What to Look For When Selecting an Installation Specialist for Gas Stoves and Water Filters in Brisbane

Upgrading your kitchen or improving your home's water quality requires specialised skills. When mana...

What to Consider Before Cleaning Your Exterior: Deck Pressure Cleaning, Pressure Cleaning, and How Much Does It Cost to Pressure Wash a House?

Maintaining a home's exterior in coastal Sydney requires regular attention to combat salt spray, mou...

Signs Your Trailer Needs Professional Repair Before Its Next Long Haul

A long road trip can put considerable strain on a trailer, particularly when it is carrying heavy ...