Western Australian Premier Roger Cook and Attorney-General Tony Buti have announced that long-promised legislation to update the state’s Equal Opportunity laws will be introduced on Wednesday.
Speaking outside Parliament House, the Premier said there was no place for hate in Western Australia and that updating the state’s laws, which are more than 40 years old, would help build safer and more inclusive communities.
“We are introducing new laws which protect Western Australians from discrimination, harassment and vilification. My message is clear: hate is not okay in WA,” Premier Cook said.
“We know that antisemitism, Islamophobia, discrimination, acts of violence or intimidation have taken hold in Australia, and in Western Australia, in recent times. It is important that we have modern laws, and laws which are fit for purpose, to make sure we continue to keep people safe.”
Premier Cook said the new legislation would bring Western Australia’s laws into line with most other states while providing broader protection from discrimination and vilification, with those protections covering a greater range of personal attributes.
Protections on the basis of homelessness, breastfeeding, exposure to family and domestic violence, caring responsibilities, and involvement in the trade union movement were among the attributes listed by the Premier. Asked whether gender identity would also be included, Attorney-General Tony Buti confirmed it would be covered.
“This is the biggest rewrite of anti-discrimination law in Western Australia since the inception of the Equal Opportunity Act 1984,” the Attorney-General said.
Dr Buti said he hoped parliamentarians would consider the position of the most vulnerable people in society when considering the legislation.
“This is all about protecting the most vulnerable people in society in a balanced, common-sense way,” Dr Buti said.
Rainbow Futures WA CEO Dr Misty Farquhar said the update to the legislation was long overdue.
“Our community has been waiting a long time, but this is legislation that is good for everyone in WA, not just our community. We support the government’s stated intentions and we’re committed to working with them for a safer, kinder, more respectful WA. No one should be treated unfairly for who they are,” Dr Farquhar said.
The Rainbow Futures WA leader said the organisation looked forward to seeing the full details of the legislation when it is introduced to Parliament, particularly the elements relating to exemptions for faith-based schools.
Answering questions from the media, Dr Buti said there would be fewer exemptions under the new legislation.
“In regard to religious schools, there would be an exemption allowing them to discriminate at the point of hiring a staff member or enrolling a student purely on the basis of religion, not on the basis of any other attribute.
“Once someone is hired or enrolled, the institution would only be able to rely on an exemption where religion is an inherent requirement of that occupation.
“The exemption is purely on religion, not sexuality.”
Dr Buti said that while development of the legislation had taken a long time, he was excited to reach the stage where it would be introduced to Parliament.
The reforms would also remove the current $40,000 cap on compensation that can be awarded in Equal Opportunity cases. Under the proposed changes, there would be no upper limit on damages. The current 12-month time limit for lodging a complaint with the Equal Opportunity Commission would also be extended to two years.
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