The good and the bad of the religious discrimination bill: the Law Council’s verdict

Opinion piece by Law Council of Australia President, Tass Liveris.

There is no question that it should be unlawful to discriminate against a person because of their religious belief or activity. Much of the Religious Discrimination Bill currently under consideration by Parliament is worthy of our support. For example, its objects specifically refer to the indivisibility and universality of human rights and their equal status in international law.

It is right that we should not be discriminated against on the basis of our religion, or lack of religion, in relation to economic and social opportunities, access to goods, services and facilities, education and in many other areas. To the extent that the Bill provides this protection, it fills gaps in our existing federal anti-discrimination laws.

However, other provisions in the Bill are at odds with human rights of equal status and may unfairly and disproportionately allow the limitation of those rights. Read more.

Resignation of Law Council of Australia CEO
On 25 January 2022, the Law Council announced the departure of Chief Executive Officer, Michael Tidball. Mr Tidball has since commenced in his new role as Secretary of the NSW Department of Communities and Justice as of 1 February 2022. Read more.

Parliament has opportunity to do more to protect older Australians
Law Council of Australia President, Mr Tass Liveris welcomed the Senate’s second reading debate on Aged Care and Other Legislation Amendment (Royal Commission Response No. 2) Bill. “The Aged Care Royal Commission undertook intensive investigation to determine how to improve aged care in this country and we support efforts to implement its recommendations,” Mr Tass Liveris said. Read more.

Law Council supports statutory tort for serious invasion of privacy
In its submission to the review of the Privacy Act 1988 (Cth) (Privacy Act), the Law Council has expressed support for the development of a statutory tort of serious invasion of privacy. “If an individual is harmed by a serious invasion of their privacy – such as someone’s private activities being watched or recorded, or private information like medical records being made public – there is currently no tortious right of action,” Law Council of Australia President, Mr Tass Liveris said. Read more.

Interim Report: Inquiry into Australia’s engagement in Afghanistan
On 21 January 2022, the Senate Standing Committee on Foreign Affairs and Trade published an interim report into its inquiry into Australia’s engagement in Afghanistan. While the terms of reference for the inquiry encompass aspects of Australia’s engagement in Afghanistan, the adequacy of its preparation for withdrawal, and how the Australian Government should respond to recent developments in Afghanistan to protect Australia’s national security, the Law Council’s submission focussed on Australia’s obligations and actions now, particularly in relation to Afghans who have already sought asylum in Australia and in relation to Afghans who may seek asylum in the future. In addition to making a written submission, the Law Council appeared at a hearing before the Committee. Read more.

Bill will not prevent social media trolling
The Law Council of Australia believes the best defence against social media defamation is a nationally consistent approach to law reform. In its submission on the Social Media (Anti-Trolling) Bill 2021 Exposure Draft, the Law Council has recommended the Commonwealth Government defer its push to address social media defamation until the comprehensive review of Model Defamation Provisions, which is currently underway, is completed. Read more.

Singapore and Malaysia Opening of the Legal Year
On 10 January 2022, Law Council President Tass Liveris was featured as a speaker in the Presidents’ Roundtable hosted by the Law Society of Singapore. President Liveris spoke on the topic “Wellness and Sustainable Legal Practice for the Modern Lawyer”. Read more.

LCA Submissions

Recently published Law Council Submissions.

Supplementary submission: Financial Accountability Regime Bill 2021 and Financial Services Compensation Scheme of Last Resort Levy Bill 2021 and related bills, Senate Standing Committees on Economics.
2022-23 Pre-Budget Submission, Treasury.
Privacy Act Review: Discussion Paper, Attorney-General’s Department.
Social Media (Anti-Trolling) Bill 2021– Exposure Draft, Attorney-General’s Department.
Performance and integrity of Australia’s administrative review system, Legal and Constitutional Affairs References Committee.
Review of the Legislation Act 2003 (Cth), Attorney-General’s Department..
Online Privacy Bill Exposure Draft, Attorney-General’s Department.
Improving the competency and accountability of family report writers, Attorney-General’s Department.
Australia’s 2022-23 Migration Program, Department of Home Affairs.

Section Submissions

Recently published Section Submissions.

Relief for Foreign Financial Service Providers (FFSPs), Treasury, (Business Law Section).
Treasury Laws Amendment (Measures for Consultation) Bill 2022: Increased Tribunal powers for small business taxation decisions, Treasury, (Business Law Section).
Response to Issues paper - Aboriginal and Torres Strait Islander visual arts and crafts, Productivity Commission, (Business Law Section).

Inquiries and consultations

As of 4 February 2022.

CP 357 Remaking relief for business introduction services: ASIC Instrument 2017/186 - Australian Securities & Investments Commission.
Possible reforms to the Bankruptcy system - Attorney-General's Department.
Submission to the Twelfth session of the Open-ended Working Group for the purpose of strengthening the protection of the human rights older persons - United Nations and Department of Economic and Social Affairs.
Reform of Australia’s electronic surveillance framework discussion paper - Department of Home Affairs.
Improving consumer guarantees and supplier indemnification provisions under the Australian Consumer Law - Department of Home Affairs.
Have your say on draft copyright reform legislation - Department of Home Affairs.
Review into Division 105A of the Criminal Code - Department of Home Affairs.
Prudential Standard SPS 530 Investment Governance in Superannuation - Department of Home Affairs.
Review of the Legislative Framework for Corporations and Financial Services Regulation - Department of Home Affairs.
The Banking Code Review - Department of Home Affairs
The Exercise of the General Powers of Administration - Department of Home Affair.
The Exercise of the Commissioner’s Remedial Power - Department of Home Affairs.
Strengthening Financial Resilience in Superannuation - Department of Home Affairs.
The Australian Taxation Office’s Administration and Management of Objections - Department of Home Affairs.

News and Media

Media releases/statements:

Model definition of family violence aims to achieve national consistency, 17 January 2022.
Bill will not prevent social media trolling, 24 January 2022.
Australian Government’s increased commitment to Afghan nationals a good start, 24 January 2022.
Resignation of Law Council of Australia CEO, 25 January 2022.
Australia Day Honours, 27 January 2022.
Funding justice must be Budget priority, 3 February 2022.
Further evidence required before extending intelligence agencies' powers, 4 February 2022.
Law Council supports statutory tort for serious invasion of privacy, 8 February 2022.
Parliament has opportunity to do more to protect older Australians, 10 February 2022.

Key media articles:

Anti-trolling bill about ‘defamation only’, Michaelia Cash’s department says, The Guardian, 1 February 2022.
LCA president: ‘It's important that justice remains human-centered', Lawyers Weekly Australia, 4 February 2022.
Legal groups call for rejection of Religious Discrimination Bill in its entirety, Lawyers Weekly Australia, 8 February 2022.
Stronger safeguards needed in new security legislation, says LCA, Lawyers Weekly Australia, 8 February 2022.
LCA supports statutory tort for invasion of privacy, QLS Proctor, 8 February 2022.

Upcoming Events

The Legal Practice Section of the Law Council of Australia is delighted to present its 34th annual Superannuation Law Conference at Hotel Realm in Canberra on 10-11 March 2022. To register or for more information about the event visit the conference webpage here.

The Law Council of Australia’s Federal Litigation and Dispute Resolution Section will be hosting its annual Immigration Law Conference on 30-31 March 2022 at the Langham Hotel in Melbourne and will also be available online. The conference will be conducted over two days and will canvass current issues in Australian immigration law against the backdrop of borders re-opening in the lead up to the next Federal election. Learn more about the event here.