GREENS leader Christine Milne has slammed the Gillard government for dumping its anti-discrimination reforms, saying Labor does not have the "courage of their convictions" when it comes to social reforms.
Attorney-General Mark Dreyfus formally announced today, as foreshadowed by The Australian, that he was not proceeding with the consolidation of the five anti-discrimination acts launched by his predecessor, Nicola Roxon.
He is instead sending the exposure draft back to his department for a "lot more work to be done" on the proposed reforms and will tomorrow introduce to parliament an amendment to the Sex Discrimination Act to protect Australians against discrimination on the basis of sexual orientation and gender identity.
''I'm not satisfied that the bill in its current form passes the test of striking the right balance,'' he said.
But Senator Milne said this was not enough.
"This is nonsensical," she said. "The anti-discrimination reforms had every chance of succeeding in parliament so why has Labor turned tail and given up on equality again? The timing issue is just an excuse from the Attorney-General. Labor has lost the political will to protect human rights."
But Mr Dreyfus rejected this criticism as "nonsense" and denied the government was "dumping" the legislation.
"I don't think anyone could suggest a government who is here announcing, as I am, that we are bring forward the additional ground to protect gay, lesbian, transgender, intersex Australians from discrimination could be said to be lacking courage in respect to social reforms," he said
Mr Dreyfus said it was a complex task and it was very important the government "comes out with the right result" that did not impinge on existing protections or freedom of speech.
"This tension between protecting free speech and protecting vulnerable groups in our society from discrimination is a permanent tension," he said. "It's always necessary to get the balance right this is no small task."
Other groups welcomed the decision, with the Institute of Public Affairs, saying it was a "huge win for freedom of speech".
"The idea that the Gillard government would try to make it against the law to offend someone because of their political opinion was outrageous," said Simon Breheny, director of IPA's legal rights project.
"Other fundamental problems included reversing the burden of proof for cases of alleged discrimination and an entire regime designed to make it easier for complainants to sue. "
Yesterday Attorney-General Mark Dreyfus confirmed to The Australian the government was not proceeding with the consolidation of the five anti-discrimination acts launched by his predecessor, Nicola Roxon.
Mr Dreyfus said the exposure draft was being sent back to his department for a "lot more work to be done" on the proposed reforms.
"We can't go forward at this time," he said.
"I can bring in, because it is relatively simple . . . an amendment to the Sex Discrimination Act.
"What I can't do, between receipt of the Senate committee's report and the end of these autumn sittings, is taken account of, fully consider what are more than 100 suggestions that arise from the Senate committee's report."
Some Labor MPs are furious at the backdown.
One MP told The Australian the entire process had been a "waste of time" and a "disaster."
Another who had opposed the changes said Labor had started a fight for no reason at all. "I had no idea why we were going there (in the first place), and now to end up with this."
Mr Dreyfus refused to be drawn on whether the "fully reworked bill" would be completed before the September 14 election.
"There is a lot of work to be done and I am not going to put a timeframe on it," he said.
"We are intent on getting this right, that is what it comes down to. Picking up all the suggestions that have been made requires detailed considerations.
"Meticulous attention must be applied to striking the appropriate balance between the right to freedom of speech and the right to be protected from discrimination. This is fundamental to our democracy."
The government drafted the laws after campaigning in the 2010 election on a promise of giving a new ground of protection for sexuality. It says it will still deliver this promise by introducing a bill this week in parliament to amend the Sex Discrimination Act.
The surprise move is likely to be welcomed by business groups furious that Labor's plans would have created new grounds to allege discrimination that were not included in the 2010 promise - including political opinion, industrial activity, social origin, medical history, and nationality or citizenship. Business had campaigned against Labor's plans to reverse the onus of proof in the proposed law to bring it into line with the Fair Work Act, fearful that it would lead to a spike in claims and threatened claims.
The conservative governments of Victoria, NSW and Queensland also had raised concerns the law would conflict with state anti-discrimination laws.
Religious leaders had feared that the plans could lead to a US-style "religious freedom" litigation culture developing in Australia.
Church-run schools and aged-care providers feared being accused of unlawful discrimination for hiring staff based on their religious practices.
But the backdown is likely to anger the unions. The ACTU had complained that the laws did not go far enough.
Last night Mr Dreyfus denied dumping the legislation was an embarrassment or that it added to the perception of Labor not being able to pass major reforms.
"Not at all," he said.
"This is a consultation draft of a major piece of legislation that been handled in a very orderly way . . . this is a tried-and-true format of making legislative reform.
"It was never intended that that bill be pushed through the parliament. It was quite the reverse."
Mr Dreyfus said the process was very useful as it had enabled the government to "discover what the problems are" with the legislation. "You discover what people in the community have got to say," he said.
"We have five acts of parliament, legislated at different times, they use different language and different concepts."
Mr Dreyfus said he would introduce the Sex Discrimination Amendment (Sexual Orientation, Gender, Identity and Intersex Status) into parliament on Thursday and urged MPs to pass the bill.
"It's something that has been very clear Labor policy for a very long time, certainly a commitment at the 2010 election, and has been subject to five inquiries over 17 years," he said. He maintained Ms Roxon had dealt with this "admirably". He had taken the policy decision to caucus but refused to say what the response was in the partyroom.
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