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

Reducing Sales Friction Through Centralized Content Delivery

Sales friction appears whenever buyers or sales teams face unnecessary obstacles in the buying journey. It can happen when information is hard to find, when messaging feels inconsistent, when product ...

Daily Bulletin - avatar Daily Bulletin

Why Choosing the Right Bollard Supplier Matters for Australian Businesses and Public Spaces

From busy CBD streetscapes to sprawling warehouse loading docks, bollards have become one of the most essential safety and security fixtures across Australia. Whether protecting pedestrians from veh...

Daily Bulletin - avatar Daily Bulletin

Why Modular Content Is Transforming Modern Marketing Teams

Modern marketing teams are expected to produce more content than ever before. They need to support websites, landing pages, email campaigns, social channels, product pages, sales enablement material...

Daily Bulletin - avatar Daily Bulletin

Everything You Need to Know About Getting Support from Optus

Whether you've been an Optus customer for years or you've just switched over, at some point you'll probably need to contact their support team. Maybe your bill looks different from what you expected. ...

Daily Bulletin - avatar Daily Bulletin

The Marketing Strategy That’s Quietly Draining Sydney Business Owners’ Bank Accounts

Sydney businesses are investing more in digital marketing than ever before. The intention is clear. More visibility should mean more leads, more customers, and steady growth. However, many business ...

Daily Bulletin - avatar Daily Bulletin

Why Mining Hose Solutions Are Essential For High-Performance Industrial Operations

In environments where the ground itself is constantly shifting, breaking, and being reshaped, every component must be built to endure. Mining operations are among the most demanding in the industria...

Daily Bulletin - avatar Daily Bulletin

The Reason Talented Teams Underperform

If you’re in business, you might have seen it before. A team of capable and smart people just suddenly slows down, and things start spiraling out of control. On paper, everything looks perfect, but ...

Daily Bulletin - avatar Daily Bulletin

Why More Aussie Tradies Are Moving Away From Paid Ads

Across Australia, a lot of tradies are busy. There’s no shortage of demand in industries like plumbing, electrical, landscaping, and building. But being busy doesn’t always mean running a smooth or...

Daily Bulletin - avatar Daily Bulletin

Why Careers In The Defence Industry Are Growing Rapidly

The defence sector has evolved far beyond traditional roles, opening doors to a wide range of opportunities across technology, engineering, intelligence, and operations. This is where defense industry...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...

5 Signs Your Car Needs Immediate Attention Before It Breaks Down

Car problems rarely appear without warning. In most cases, your vehicle gives clear signals before...

Ensuring Safety and Efficiency with Professional Electrical Solutions

For businesses in Newcastle, a safe and fully functioning workplace remains a key part of day-to-d...

Choosing The Right Bin Hire Solution For Hassle-Free Waste Management

When it comes to managing waste efficiently, finding the right solution can save both time and eff...

Why Cleanliness Is Critical In Childcare Environments

Children explore the world with curiosity, often touching surfaces, sharing toys, and interacting ...

What to Look for in a Reliable Australian Engineering Partner

Choosing an engineering partner is rarely just about technical capability. Most businesses can fin...

How to Choose a Funeral Home That Supports Families with Care

Choosing a funeral home is rarely something families do under ideal circumstances. It often happen...

Why Premium Coffee Matters in Modern Hospitality Venues

In hospitality, details shape perception long before a guest consciously evaluates them.  Lightin...