Mr Bruce Notley-Smith MP
80 Bronte Road
Bondi Junction NSW 2022
Sunday 1 March 2015
Dear Mr Notley-Smith
REVIEW OF NSW ANTI-DISCRIMINATION ACT 1977
I am writing as an attendee at the recent #rainbowvotes forum, where five Members of Parliament from across the political spectrum, including yourself, outlined their respective approaches to lesbian, gay, bisexual, transgender and intersex (LGBTI) issues ahead of the upcoming NSW State Election.
Specifically, I am seeking clarification of your answers concerning the NSW Anti-Discrimination Act 1977 and what action you, and the Liberal-National Government, will take if you are re-elected.
At the forum, the representative attending on behalf of the NSW Labor Opposition, Ms Penny Sharpe MLC, gave a clear commitment that, if elected, a Foley Labor Government would undertake a formal review of the Anti-Discrimination Act 1977.
Following that clear commitment, you made several comments that appeared to indicate your personal support for such an approach.
However, later during the same forum, you indicated that you were appearing at the forum in your capacity as an individual MP only, and not as a spokesperson for the current Baird Liberal-National Government.
As a result, I sought clarification from you, via twitter, whether it is indeed NSW Liberal policy to support a formal review of the Anti-Discrimination Act 1977.
Given I have not received a response via social media, I am now writing to you more formally, with essentially the same question: is the Baird Liberal-National Government committed to reviewing the Anti-Discrimination Act 1977 if it is re-elected on Saturday 28 March 2015?
As I have written previously (see: https://alastairlawrie.net/2015/02/20/questions-for-mps-and-candidates-during-sydney-gay-lesbian-mardi-gras/ ), I believe the NSW Anti-Discrimination Act 1977 is now the worst LGBTI anti-discrimination legislation in Australia.
This is because:
- It fails for protect bisexual people from discrimination (the only jurisdiction in the country to do so)
- It fails to protect intersex people from discrimination
- The religious exceptions in sub-section 56(d) are the broadest in Australia
- The exceptions allowing all private schools to discriminate against lesbian, gay and transgender students are abhorrent
- It fails to protect both bisexuals and intersex people from vilification and
- The maximum individual fine for lesbian, gay and transgender vilification is only one-fifth of the maximum fine for racial vilification.
For all of these reasons, I believe that the Anti-Discrimination Act 1977 should be amended as a matter of priority.
However, if you are unable to give a clear commitment that a re-elected Baird Liberal-National Government would make changes to these provisions, I submit that, at the bare minimum you, and the Government, should be able to commit to holding a formal review of this narrow and out-dated legislation.
Given there are now less than four weeks left until polling day, I would appreciate a response to this letter, outlining what commitments (if any) the Liberal-National Government is prepared to make in this area, at your earliest convenience.
I have also copied the Premier, the Hon Mike Baird MP, and the Attorney-General, the Hon Brad Hazzard MP, into this correspondence.
Thank you in advance for you consideration of the issues raised in this letter.
cc: The Hon Mike Baird MP, NSW Premier
GPO Box 5341
Sydney NSW 2001
The Hon Brad Hazzard MP, NSW Attorney-General
GPO Box 5341
Sydney NSW 2001