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Report on free speech recommends fixing Racial Discrimination Act complaints process – as it happened Report on free speech recommends fixing Racial Discrimination Act complaints process – as it happened
(35 minutes later)
6.54am GMT6.54am GMT
06:5406:54
Night time politics Night-time politics
As we leave the blog, estimates committees continue with Duncan Lewis, director general of the Australian Security Intelligence Organisation (Asio) and Michelle Guthrie, head of the ABC. Later tonight, George Brandis is expected to make a statement on the Bell matter after his committee chair Ian Macdonald successfully postponed it to a quieter news period after dinner.As we leave the blog, estimates committees continue with Duncan Lewis, director general of the Australian Security Intelligence Organisation (Asio) and Michelle Guthrie, head of the ABC. Later tonight, George Brandis is expected to make a statement on the Bell matter after his committee chair Ian Macdonald successfully postponed it to a quieter news period after dinner.
There was 42-year-old electrician from Young arrested today, charged with terrorism offences.There was 42-year-old electrician from Young arrested today, charged with terrorism offences.
The long awaited report into section 18c of the Racial Discrimination Act was released today. It contains a range of options from changing the complaints process to removing “insult and offend”. It was a bipartisan report which may be ignored or not but does not provide a clear path to changing the act in line with calls from the conservative end of the Liberal party. Barnaby Joyce says he has not experienced any clamour for change in the sugar sheds of Queensland. The long-awaited report into section 18C of the Racial Discrimination Act was released today. It contains a range of options from changing the complaints process to removing “insult and offend”. It was a bipartisan report which may be ignored or not but does not provide a clear path to changing the act in line with calls from the conservative end of the Liberal party. Barnaby Joyce says he has not experienced any clamour for change in the sugar sheds of Queensland.
The head of Australia Post Ahmed Fahour told a senate committee that he felt sad for Pauline Hanson, given her comments raising his Islamic beliefs in a wider conversation about his level of remuneration. Fahour confirmed he had resigned without a “golden handshake”, that his former minister Malcolm Turnbull had not contacted him prior to critical comments and that he was considering leaving the post anyway. The Coalition and Labor gushed over his performance in the committee in front of Fahour and minister Mitch Fifield agreed that it was not for politicians to set pay levels. The head of Australia Post Ahmed Fahour told a Senate committee that he felt sad for Pauline Hanson, given her comments raising his Islamic beliefs in a wider conversation about his level of remuneration. Fahour confirmed he had resigned without a “golden handshake”, that his former minister Malcolm Turnbull had not contacted him prior to critical comments and that he was considering leaving the post anyway. The Coalition and Labor gushed over his performance in the committee in front of Fahour and minister Mitch Fifield agreed that it was not for politicians to set pay levels.
LNP dissident George Christensen has given up the role of government whip, given he is easily the most outspoken person in the party. The party will choose a new whip later in the week but he said it was not the first step out the door.LNP dissident George Christensen has given up the role of government whip, given he is easily the most outspoken person in the party. The party will choose a new whip later in the week but he said it was not the first step out the door.
Attorney general George Branids accused Human Rights Commission president Gillian Triggs of hiding behind procedures while Triggs revealed cartoonist Bill Leak could have stopped the complaint by confirming he created the cartoon “in good faith”. The attorney general, George Branids, accused the Human Rights Commission president, Gillian Triggs, of hiding behind procedures while Triggs revealed cartoonist Bill Leak could have stopped the complaint by confirming he created the cartoon “in good faith”.
I think that is enough for one day. We will catch up on the senate midnight cowboys and girls in the morning. Thanks to my brains trust, Paul Karp, Katharine Murphy and Mike Bowers. I think that is enough for one day. We will catch up on the Senate midnight cowboys and girls in the morning. Thanks to my brains trust, Paul Karp, Katharine Murphy and Mike Bowers.
I will leave you with a few more pictures.I will leave you with a few more pictures.
Good night.Good night.
UpdatedUpdated
at 6.55am GMT at 7.03am GMT
6.21am GMT6.21am GMT
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The Racial Discrimination Act says in part:The Racial Discrimination Act says in part:
It is unlawful for a person to do an act, otherwise than in private, if:It is unlawful for a person to do an act, otherwise than in private, if:
(a) the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and(a) the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and
(b) the act is done because of the race, colour or national or ethnic origin of the other person or of some or all of the people in the group.(b) the act is done because of the race, colour or national or ethnic origin of the other person or of some or all of the people in the group.
But also,But also,
Section 18C does not render unlawful anything said or done reasonably and in good faith:Section 18C does not render unlawful anything said or done reasonably and in good faith:
(a) in the performance, exhibition or distribution of an artistic work; or(a) in the performance, exhibition or distribution of an artistic work; or
(b) in the course of any statement, publication, discussion or debate made or held for any genuine academic, artistic or scientific purpose or any other genuine purpose in the public interest; or(b) in the course of any statement, publication, discussion or debate made or held for any genuine academic, artistic or scientific purpose or any other genuine purpose in the public interest; or
(c) in making or publishing:(c) in making or publishing:
(i) a fair and accurate report of any event or matter of public interest; or(i) a fair and accurate report of any event or matter of public interest; or
(ii) a fair comment on any event or matter of public interest if the comment is an expression of a genuine belief held by the person making the comment.(ii) a fair comment on any event or matter of public interest if the comment is an expression of a genuine belief held by the person making the comment.
6.17am GMT6.17am GMT
06:1706:17
Chair Ian Goodenough said there was no consensus on the committee so they thought they would provide the government with a range of options.Chair Ian Goodenough said there was no consensus on the committee so they thought they would provide the government with a range of options.
Asked about his personal view, Goodenough says he believes the government should consider raising the standard above “offend” and “insult”.Asked about his personal view, Goodenough says he believes the government should consider raising the standard above “offend” and “insult”.
6.14am GMT6.14am GMT
06:1406:14
Here is an example of one of the recommendations in the bipartisan report - as flagged by Katharine Murphy one day ago.Here is an example of one of the recommendations in the bipartisan report - as flagged by Katharine Murphy one day ago.
The range of proposals that had the support of at least one member of the committee included:The range of proposals that had the support of at least one member of the committee included:
(a) no change to sections 18C or 18D;(a) no change to sections 18C or 18D;
(b) amending Part IIA of the Racial Discrimination Act 1975 to address rule of law concerns and to ensure that the effect of Part IIA is clear and accessible on its face, by codifying the judicial interpretation of the section along the lines of the test applied by Kiefel J in Creek v Cairns Post Pty Ltd that section 18C refers to ‘profound and serious effects not to be likened to mere slights’;(b) amending Part IIA of the Racial Discrimination Act 1975 to address rule of law concerns and to ensure that the effect of Part IIA is clear and accessible on its face, by codifying the judicial interpretation of the section along the lines of the test applied by Kiefel J in Creek v Cairns Post Pty Ltd that section 18C refers to ‘profound and serious effects not to be likened to mere slights’;
(c) removing the words ‘offend’, ‘insult’ and ‘humiliate’ from section 18C and replacing them with ‘harass’;(c) removing the words ‘offend’, ‘insult’ and ‘humiliate’ from section 18C and replacing them with ‘harass’;
(d) amending section 18D to also include a ‘truth’ defence similar to that of defamation law alongside the existing 18D exemptions;(d) amending section 18D to also include a ‘truth’ defence similar to that of defamation law alongside the existing 18D exemptions;
(e) changing the objective test from ‘reasonable member of the relevant group’ to ‘the reasonable member of the Australian community’; and x(e) changing the objective test from ‘reasonable member of the relevant group’ to ‘the reasonable member of the Australian community’; and x
(f) criminal provisions on incitement to racially motivated violence be further investigated on the basis that such laws have proved ineffective at the State and Commonwealth level in bringing successful prosecutions against those seeking to incite violence against a person on the basis of their race.(f) criminal provisions on incitement to racially motivated violence be further investigated on the basis that such laws have proved ineffective at the State and Commonwealth level in bringing successful prosecutions against those seeking to incite violence against a person on the basis of their race.
6.10am GMT6.10am GMT
06:1006:10
The 18c report has landed on the website.The 18c report has landed on the website.
Here is the takeout from it.Here is the takeout from it.
There are 22 recommendations.There are 22 recommendations.
But, there are no defining recommendations. Most of them relate to procedural changes to improve the process for dealing with complaints, including time limits.But, there are no defining recommendations. Most of them relate to procedural changes to improve the process for dealing with complaints, including time limits.
Essentially, this issue had been flicked to the joint parliamentary committee on human rights by Malcolm Turnbull. The committee has flicked it back to the leadership.Essentially, this issue had been flicked to the joint parliamentary committee on human rights by Malcolm Turnbull. The committee has flicked it back to the leadership.
Julian Leeser, who took over Philip Ruddock’s seat of Berowra, says the committee took much evidence and there was a range of views.Julian Leeser, who took over Philip Ruddock’s seat of Berowra, says the committee took much evidence and there was a range of views.
All of them told us that the process was the punishment, says Leeser on Sky.All of them told us that the process was the punishment, says Leeser on Sky.
This means the bottom line is the freedom warriors – including Tony Abbott – get no clear path to removing offend and insult from the Racial Discrimination Act.This means the bottom line is the freedom warriors – including Tony Abbott – get no clear path to removing offend and insult from the Racial Discrimination Act.
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at 6.21am GMTat 6.21am GMT
5.42am GMT5.42am GMT
05:4205:42
Give me a break.Give me a break.
As much as we would have loved to be there to grill Board on #auspost salaries, Australians have us working on more important issues today https://t.co/FhgD63eQ6UAs much as we would have loved to be there to grill Board on #auspost salaries, Australians have us working on more important issues today https://t.co/FhgD63eQ6U
*live blogger falls off chair**live blogger falls off chair*
5.41am GMT5.41am GMT
05:4105:41
Given Ian Goodenough is still giving his preamble, Leeser also said:Given Ian Goodenough is still giving his preamble, Leeser also said:
These reforms will return section 18C to its intended function as an important but limited protection against the worst kind of racial hate speech. They will also put important limitations on the types of complaints that are pursued and provide more oversight of the Human Rights Commission.These reforms will return section 18C to its intended function as an important but limited protection against the worst kind of racial hate speech. They will also put important limitations on the types of complaints that are pursued and provide more oversight of the Human Rights Commission.
Section 18C plays an important role in our multicultural society. However, it was always intended as a limited protection, to be used only in serious cases. The way the law is currently being administered allows too many nuisance complaints. The threshold for making a complaint is so low as to be virtually redundant. These reforms will see that complaints with no prospect of success, such as those made against the QUT students and Bill Leak, thrown out.Section 18C plays an important role in our multicultural society. However, it was always intended as a limited protection, to be used only in serious cases. The way the law is currently being administered allows too many nuisance complaints. The threshold for making a complaint is so low as to be virtually redundant. These reforms will see that complaints with no prospect of success, such as those made against the QUT students and Bill Leak, thrown out.
5.38am GMT5.38am GMT
05:3805:38
Fellow Liberal committee member Julian Leeser has beat the chair to put out a statement.Fellow Liberal committee member Julian Leeser has beat the chair to put out a statement.
From Leeser:From Leeser:
The report makes several recommendations to fix the complaints handling process related to section 18C of the Racial Discrimination Act. These include:The report makes several recommendations to fix the complaints handling process related to section 18C of the Racial Discrimination Act. These include:
· providing greater assistance to respondents to match what is currently afforded to complainants;· providing greater assistance to respondents to match what is currently afforded to complainants;
· imposing time limits on notifying respondents and on the complaints handling processes more generally;· imposing time limits on notifying respondents and on the complaints handling processes more generally;
· ensuring section 18D defences are considered by the commission in assessing complaints;· ensuring section 18D defences are considered by the commission in assessing complaints;
· giving the commission greater powers to terminate complaints earlier in the process;· giving the commission greater powers to terminate complaints earlier in the process;
· restricting access to the courts following the commission’s termination of a complaint;· restricting access to the courts following the commission’s termination of a complaint;
· providing penalties for legal practitioners instituting complaints that have no reasonable prospects of success; and· providing penalties for legal practitioners instituting complaints that have no reasonable prospects of success; and
· providing more parliamentary oversight to the commission.· providing more parliamentary oversight to the commission.
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at 5.44am GMTat 5.44am GMT
5.35am GMT5.35am GMT
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Liberal chair of the Racial Discrimination Act 18C inquiry, Ian Goodenough, is presenting the report to the parliament.Liberal chair of the Racial Discrimination Act 18C inquiry, Ian Goodenough, is presenting the report to the parliament.
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at 5.39am GMTat 5.39am GMT
5.27am GMT5.27am GMT
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5.25am GMT5.25am GMT
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UpdatedUpdated
at 5.30am GMTat 5.30am GMT