View Australian Labor Party of Victoria Responses

1. Equal Opportunity – inherent requirements test

Of the inherent requirements test in the Equal Opportunity Act 2010, chief executive of the Equal Opportunity and Human Rights Commission Helen Szoke said, "Religious schools or religious charities ... will have to show how belonging to a particular religion is relevant to the job they are trying to fill". Will your Party support the removal of the inherent requirements test from the EO Act, which creates uncertainty for faith-based schools and service-providers?

The Brumby Labor Government introduced changes to the Equal Opportunity Act which create greater certainty and which better balance the right of individuals to be free from discrimination, with the right to religious freedom. The changes:

• Narrow the scope of the current religious exceptions to ensure that religious groups can no longer discriminate on the grounds of race, disability, age, physical features, political belief or activity, and breastfeeding.
• Enable religious groups to continue to discriminate on other grounds, including religious belief or sexuality, if it is in accordance with their religious beliefs or is necessary to avoid injury to religious sensitivities.
• Where religious groups do wish to discriminate in relation to employment, they will need to show that conforming with religious beliefs is an inherent requirement of the job on offer, taking into account the religious context of the employer organisation.

The position on the religious exceptions was developed after careful consultation with Churches of all faiths, the community and other stakeholders. Labor believes the amendments preserve the rights of religious bodies and schools to follow their religious doctrines while more tightly prescribing the circumstances in which discrimination is allowed. Labor will not be removing the inherent requirements test, which it believes is necessary to the integrity of the remaining exception. The new Act will still allow religious bodies to employ people of a particular faith and to require staff to adhere to the values of the organisation.

2. Equal Opportunity – VHREOC own-motion powers

The Equal Opportunity Act 2010 grants the Human Rights and Equal Opportunity Commission unprecedented and wide-ranging powers to initiate an investigation into any matter relating to the operation of the Act without receiving a prior complaint. Does your Party support the removal of this extraordinary prerogative from the VHREOC?

The Brumby Labor Government reformed the role of the Victorian Equal Opportunity and Human Rights Commission to:

• Take a proactive approach to inequality, with an emphasis on education, training, facilitating dispute resolution and assisting compliance by working with business to prevent discrimination and develop healthy and positive work and service environments.
• Move away from relying on individual complaints as a way of tackling systemic discrimination to an approach which creates a positive duty on employers, schools and other providers and acknowledges the wider impact on groups of people who might be experiencing discrimination – for example, if an organisation systematically fired every worker who became pregnant, or who revealed they were a Christian.
• For the Commission to initiate an investigation, it must be a serious matter, it must involve a possible contravention of the Act, and it must involve discrimination against a class of people. While safeguards will apply to the conduct of investigations, the focus of the Commission will be on education and helping businesses to comply.

Labor will retain this extended role for the Commission, as it believes it is an important step in addressing entrenched discrimination and encouraging social inclusion. While these reforms are significant, they are by no means radical or unprecedented. Various equal opportunity commissions in other jurisdictions have similar investigatory powers and, in fact, Labor did not adopt a recommendation from the initial review to allow the Commission to conduct own motion inquiries. Labor also rejected the recommendation to give the Commission search and seizure powers.

3. Religious vilification

The Racial and Religious Tolerance Act 2001 had as its stated objective the promotion of racial and religious tolerance. However the Acts' civil provisions remain contentious, as evidenced by the notorious 'two Dannies case'. Will you commit to a review of the RRTA to re-examine the need for the civil provisions which encourage individuals to take legal action against people of other faiths?

• A review of the Act was conducted in 2005, and amendments made to clarify and support the right of people to engage in robust discussion, provided it does not vilify others.
• Labor is aware that the ACL participated in the Eames Hate Crimes Review, in which the RRTA was considered, and takes this opportunity to thank the ACL for its input.

4. Role for the Church

Christian charities and churches play an important public role in Victoria in the provision of services in the areas of education, welfare and health. What has your Party done to foster good relationships with religious communities, and how does it plan to work with them during the life of the next parliament?

• Labor knows that the Churches, Christian people, and Christian values have played –and are still playing, and will continue to play – a vital role in making Victoria a stronger, better, and fairer community.

Victoria today is a diverse, multicultural, and multifaith society and Labor believes in encouraging the voices of faith to be heard. That’s why Premier John Brumby has regularly met with religious leaders of all traditions, including the Christian Churches. It’s why we hosted the Parliament of the World’s Religions late last year. It’s why since 2006, Labor has invested over $6.1 million in our Promoting Harmony initiative, which includes grants for multifaith community projects.

5. Hate crimes

The discussion paper, 'With respect: a strategy for reducing homophobic harassment in Victoria' recommends making it unlawful to harass another person on the basis of their sexual orientation or gender identity. As churches in the UK have found, this has been used to effectively gag comment on teaching from a religious worldview, clearly contrary to freedom of expression and religion. Does your Party rule out the introduction of homosexual-specific hate crimes law?

• Labor opposes any gag or encroachment on the right to religious freedom and expression.
• Labor is also determined to reduce crime and violence motivated by prejudice and hatred in all its forms, whether racial, religious or homophobic.
• This is a commitment directed at encouraging respect for all Victorians.

6. Prostitution – trafficking

The recent Inquiry into People Trafficking For Sex Work found that women are trafficked to Australia, and indeed Victoria, for sexual purposes. Given that legalised prostitution increases demand for sexual services and the trafficking of women for forced prostitution, what will your Party do to reduce the demand for the purchase of sexual services? Will your Party examine the successful Swedish model of prostitution, which criminalises the purchaser of sexual services?

• Labor is committed to a strictly regulated sex work industry to minimise the impact on the broader community and to protect the health and welfare of sex workers and their clients.
• We have introduced laws to make it easier for enforcement agencies to identify and shut down illegal brothels by providing powers for police to question people entering and leaving illegal brothels and to ban kerb crawlers soliciting street workers in St Kilda.
• While the prosecution of sex trafficking is largely a Commonwealth responsibility, Victoria has outlawed sexual servitude; is the only state to specifically fund a program to support victims of sex trafficking; and is assisting federal agencies in their sex trafficking investigations.

The Brumby Labor Government has ensured that the sex industry is strictly regulated and has worked closely with councils, Victoria Police, Federal Police and agencies to enforce sex worker laws, shut down illegal brothels and combat sex trafficking.

As of 1 January 2011, licensed brothels will be required to display signs warning that sex slavery is illegal. Street sex work and soliciting for street sex work are already illegal in Victoria, but new laws give police powers to act immediately to ban kerb crawlers for 72 hours or issue an on the spot fine. Labor will also extend an Exit Program which supports sex workers to leave the industry by connecting them with relevant services.

7. Violent video games

The Standing Committee of Attorneys-General is currently conducting a national consultation on whether to include an R18+ rating in the National Classification Scheme for video games. If agreed, this would open the door to more graphically violent and sexually explicit games finding their way into homes, and no doubt into the hands of children. If your Party were in a position to influence the SCAG decision, would it oppose the introduction of the R18+ game rating into the NCS?

This issue is receiving detailed consideration by the Standing Committee of Attorneys-General, including consideration of 60,000 submissions received in response to a discussion paper released by the Commonwealth late last year.

• Proper classification is a necessary regulatory step so that violent and sexually explicit material does not go unregulated.
• Consultation will continue before Ministers can make an informed decision.
• Concerns relating to online games and mobile phone applications are also being considered.

8. Illicit drugs

The use and abuse of illicit drugs is linked to a whole range of social problems such as incarceration, crime, domestic violence and family breakdown. What is your Party's policy on illicit drugs? Does it support a harm minimisation approach to drug use, including heroin injecting rooms?

• Labor opposes heroin injecting rooms.
• We have a tough but compassionate response to drugs, recognising the need to help people whose lives have been turned upside down through addiction.
• The Victorian Drug Strategy focuses on reducing the supply of drugs; reducing demand for drugs; improving access to services; and reducing harm.
• Our approach is a whole-of-government one which is sensible, practical and consistent with the National Drug Strategy.

While in Government, Labor has delivered significant investment in initiatives such as improving primary health services for people affected by drugs, and supporting Mobile Overdose Response Services and Mobile Drug Safety Workers to assist in crisis situations.  There has also been a concerted effort from Victoria Police to reducing the amount of illicit drugs reaching the street.

As a result, opiate related deaths - the overwhelming majority or which relate to injected heroin - have reduced significantly in the past 10 years.

9. Poker machines – betting limits

The Productivity Commission's inquiry report into gambling recommended that by 2016 Governments should require all electronic gaming machines to be limited to a $1 bet. How does your Party respond to this recommendation? What else would your Party do to tackle problem gambling?

• Victoria leads the nation in tackling problem gambling. This is supported by the Productivity Commission, drawing on many Brumby Labor Government initiatives in its recommendations. If re-elected, Labor looks forward to working with Federal and State Governments through the Select Council on Gambling Reform and hope to see reform adopted nationally.
• Labor has a comprehensive strategy to minimise harm from problem gambling which includes codes of conduct, bans on 24 hour gaming venues, regional caps and reducing the maximum bet by half. If re-elected, Labor will continue to provide support and assistance to problem gamblers through our 5 year, $132 million, Taking Action on Problem Gambling strategy. 
• Labor is also committed to the removal of ATMs from gaming venues, and if re-elected, Labor will ensure Victoria becomes the first State to remove all ATMs from gaming venues in 2012.
• Labor’s policies maximise the capacity for people to make informed decisions about their play and stay in control, minimise the harm from problem gambling, and are more effective than limiting bets. 

10. Homelessness and housing affordability

The increasing costs of living, especially housing, is perpetuating the problem of homelessness. Reports now suggest that an increasing number of single women over the age of 45 are under housing stress, particularly due to rising rents. What will your Party do to tackle the related issues of homelessness and housing affordability, particularly where they relate to vulnerable women, children and families?

• The Brumby Labor Government has made Victoria the only state to develop a 10 year Homelessness 2020 Strategy with a $42 million package to invest in projects to reduce homelessness.
• If re-elected, Labor will build over 6,500 new units of social housing by 2012 as well as 8,500 new affordable rental homes. In total over 14,000 new affordable rental homes will be built by 2012.
• The Brumby Labor Government is committed to reforming the rooming house sector with a $77.2 million package of initiatives improve the standards in rooming houses, support families to move out of rooming houses and increase the supply of rooming houses.

Labor has started the biggest social housing build in decades. The major investments made by the State and Federal Government include: $1.17 billion under Nation Building, 8,500 new rental homes under the National Rental Affordability Scheme and the $500 million commitment from the Brumby Labor Government.

In late September the Brumby Labor Government released its $42 million Victorian Homelessness 2020 Strategy.  This Strategy is a 10 year plan that aims to make measurable reductions in the homelessness population. We know that people are concerned about the growing number of families in housing crisis. That is why, as a part of the new Strategy, to be implemented if Labor is re-elected, two 4-year flagship projects will locate a new multi-disciplinary team of staff. This team will have specific expertise with families and families escaping domestic violence and will be able to provide intensive assistance to around 500 individuals, including children.

Under Labor’s plan, these projects will aim to make sure that all children involved attend and stay in primary and secondary education. A re-elected Brumby Labor Government would also ensure that the program is evaluated after four years.

In addition, Labor is committed to protecting vulnerable Victorians living in rooming houses or other forms of unsuitable accommodation. That is why we have committed $77.2 million over the next four years to address rooming house issues. While in Government, Labor has amended the Residential Tenancies Act to introduce new standards in rooming houses, increased penalties for rogue operators and increased the power of Consumer Affairs inspectors. Over the next few years, if Labor is re-elected, we would continue to purchase rooming houses to increase supply and would implement a private rental brokerage program.

11. Abortion – freedom of conscience

Section 8 of the Abortion Law Reform Act 2008 compels doctors with a conscientious objection to abortion to refer a woman seeking to terminate a pregnancy to another health practitioner who is willing to perform the procedure. Will your Party honour the State's obligation to freedom of conscience by removing this provision from the statute books, instead inserting a clause that provides that Health professionals and those in training for a health profession who conscientiously object to being involved in a procedure or referring for a procedure should not be compelled to participate, nor should they be put at a disadvantage because of their objection?

• Labor believes that the law as it currently stands allows practitioners to hold a conscientious objection. In fact, the Act provides statutory protection for a practitioner’s conscientious objection for the first time.
• The National rules of the Australian Labor Party state that abortion is a matter of conscience for all Labor Members of Parliament.
• The Platform of the Australian Labor Party (Victorian Branch) does not outline any further changes to the legislation.

The Abortion Law Reform Act 2008 requires an effective referral, a referral to a practitioner who does not hold an objection as defined by and supported as best practice by Royal Australian and New Zealand College of Obstetricians Gynaecologists.

The performance of a termination is then a matter for that practitioner taking into account the clear parameters that are laid out in the Act.

12. Abortion – neo-natal deaths post-abortion

The 2007 annual report of the Consultative Council on Obstetric and Paediatric Mortality and Morbidity showed that 52 out of 181 late term babies who were aborted for "abnormalities" survived late term abortions but died neo-natally. Would your Party support a parliamentary inquiry into neo-natal deaths of aborted babies?

• The Consultative Council on Obstetric and Paediatric Mortality and Morbidity reports on these matters, and the 2008 report is due later this year.
• A parliamentary inquiry would not be appropriate.

13. Euthanasia

The last attempt at legalising euthanasia in the state was soundly rejected when the Legislative Council voted 25 to 13 against the Medical Treatment (Physician Assisted Dying) Bill 2008 on 10 September 2008. Will your Party rule out any attempt to bring on another conscience vote on euthanasia in the life of the new parliament?

• The Platform of the Australian Labor Party (Victorian Branch) states clearly that these are matters for the conscience of individual Labor Members of Parliament.
• The Platform of the Australian Labor Party (Victorian Branch) does not outline any further changes to this legislation.
• In fact, the Platform of the Australian Labor Party (Victorian Branch) supports campaigns to improve knowledge of the operation of the current Medical Treatment Act 1988.

Labor understands that these are complex issues for individuals and supports these as matters of conscience for individual Labor Members of Parliament at a State level.

14. Child protection

There have been several highly-publicised failures of Victoria's child protection services to prevent deaths and injuries to children during the life of the current parliament. What will your Party do to improve the effectiveness of child protection services, including preventative measures to support families before risk factors develop?

• All children should feel safe in their own home and community which is why Labor puts the best interests of children first.
• Labor has been delivering more child protection workers (most recently a boost of 101 frontline staff) and other training and supports than at any other time in Victoria’s history, with better services and more highly skilled workers to help keep children safe.
• Labor supports a strong and robust community sector to address disadvantage before it becomes entrenched and prevent risk developing.

Through recent legislative reform and the rollout of Child FIRST across the State, while in Government, Labor has delivered these services in a more timely and coordinated manner. Labor will support the Child FIRST platform to ensure vulnerable families can receive the right service at the right time.

To meet new challenges, Labor has already commenced work to deliver better outcomes through the Children’s Court, whilst new and better forms of care for children removed from home are being rolled out as part of the out-of-home care reform agenda. If re-elected, Labor would continue to deliver on these reforms in order to ensure better outcomes for vulnerable children in Victoria.

15. Same-sex adoption

Permitting same sex couples to adopt children on the same basis as heterosexual couples would see the State fail in its most fundamental responsibility to provide wards of the state, orphaned or relinquished, with a mother and father through adoption. Will your Party act in the best interests of the child by ruling out any move to legalise stranger adoption by same sex couples?

• For Labor, the welfare and best interests of the child remain the paramount consideration.
• Views and laws across the nation on this important issue are wide and varied.
• A re-elected Brumby Labor Government would review the Adoption Act 1984 and ensure that as part of that review process, all views on this issue are heard.

Work is already underway nationally to examine research and evidence on adoption, as well as developing new National Principles that will contribute to greater consistency across adoption legislation and practice.

16. Education – freedom to teach

The South Australian Non-Government Schools Registration Board recently caused avoidable controversy by drafting guidelines to explicitly prevent the teaching of creationism in school science classes. The guidelines were later withdrawn. Will your Party ensure that the Victorian Regulations and Qualifications Authority respects the independence of faith-based schools to teach from a Christian perspective across all subject areas?

A re-elected Brumby Labor Government will maintain its position that all schools, including faith-based schools, can teach in accordance with their beliefs, as long as they address the nationally agreed eight key learning areas.

The Victorian Essential Learning Standards describe what is essential for Victorian students to achieve from Prep to Year 10 – these Standards allow students to develop core skills that can be transferred to new and different contexts.

Labor will ensure the VRQA respects the independence of faith-based schools to teach from various religious perspectives, as part of their overall learning program, in accordance with the Education and Training Reform Act 2006.  

17. Christian religious education

The provision of Christian religious education in Victorian Government schools is provided for under section 2.2.11 Special religious instruction of the Education and Training Reform Act 2006. Does your party support the on-going provision of Christian religious education for students in Victorian public schools?

Labor supports the ongoing provision of religious instruction in Victorian Government schools, as provided for in the Education and Training Reform Act 2006.

ACCESS Ministries (representing 12 Christian denominations) is one of two major organisations engaged by the Victorian Education Department to accredit religious instructors to instruct in Victorian government schools.

18. Law & order – youth rehabilitation

The report, 'Youth Justice in Victoria: The benefits of Victoria's Youth Justice System and the challenges ahead' details that there is a more than 60% chance young offenders will re-offend after release, most within 6 months of their release. What will your Party do to more effectively rehabilitate young offenders back into the community, and reduce the high rate of recidivism?

• Group Conferencing to help young people avoid more serious offending by facing their victims, strengthening their family and community supports and restoring the harm caused by their offences.
• Statewide Supervised Bail pilot to provide judges with more options and to prevent young offenders being exposed to prison culture.
• Youth Court Diversion program for first-time offenders focussed on what can benefit the victim, the community and the offender, based on the principles of restorative justice.

If re-elected, Labor’s Vulnerable Youth Framework would provide the overarching guide to Labor’s investments over the coming ten years. The Framework is designed to identify our most vulnerable youth and ensure they don't fall through the gaps.

While in Government, Labor has delivered a post-release service for young offenders and their families to ensure a sensible transition back into the community, and also to monitor and counsel their behaviour away from re-offending following a custodial sentence. Labor has also funded Whitelion, a service for young people involved in the Youth Justice System or at risk of involvement that provides role modelling, mentoring, employment and indigenous programs and outreach services.

Additionally, Labor has already committed to the appointment of 55 additional youth workers to support vulnerable young people by increasing their community engagement and directing them away from bad influences and towards appropriate supports.

19. Mental health

With mental illness increasingly identified as an issue facing Australians of all ages, what will your Party do to tackle this growing problem?

• Better treatment and care for children and young people to spot the warning signs, intervene early and avoid the worst impacts of mental illness.
• High quality specialist care to make sure Victorians living with a mental illness – and their families - continue to get the right service and the right time.
• Build on Labor’s partnership with the Non-Government sector to deliver the best community based mental health services in the nation and make sure vulnerable Victorians living with mental illness are given the services they need to recover and get on with a full and productive life.

Because Mental Health Matters is a 10 year Reform Strategy developed through a partnership between the Brumby Government and the mental health sector, including clinical experts like Professor Pat McGorry. The biggest reform of the Mental Health system in Victoria's history, the Strategy is about focussing not just on treatment when someone is in the acute phase of their illness - but on early intervention, prevention and recovery and on maximising participation in the community. Over $470 million of new funding has already been delivered to fund policies outlined in the Strategy. A future Brumby Labor Government will continue this reform and boost investment.

20. Disability

Many people with disability lead lonely lives that are a constant struggle for the resources and support they need to live "ordinary" lives that the rest of us take for granted. What will your Party do to prevent new admissions of young people to nursing homes and assist people with disability living with ageing carers?

• The my future my choice program is providing 22 specially designed, purpose-built houses for 104 younger people currently living in, or at risk of having to live in residential aged care facilities. A future Brumby Labor Government would continue to support this joint Commonwealth-State program which offers young people the opportunity to live with others of their own age, with 24 hour support.
• While in Government, Labor has also supported older carers, building 100 new shared support accommodation places for people with a disability currently living with an older carer.
• Labor also supports the proposed National Disability Insurance Scheme.

These initiatives are on top of increased funding for individual supports and respite that assist families and older carers. Labor has also recently introduced the Victorian Carer Card, giving carers discounts at over 1,400 business and venues across the State. Because people with a disability across our nation deserve further support and the certainty of funding arrangements into the future that enable them to access appropriate services, Labor supports the introduction of a National Disability Insurance Scheme, which has been enthusiastically supported by many people with a disability and their families.

21. Integrity in politics

In the event that your Party does not gain a majority in both Houses, will you commit to not trading away your election commitments in any negotiations that might be done with minor parties in forming government?

We are not countenancing deals with minor parties, because we are aiming to attain majority government at the election. The only way the Greens are likely to win a seat in the lower house in Victoria is by receiving Liberal preferences –exactly what happened in the seat of Melbourne at the Federal election.