View Australian Greens 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 Greens oppose discrimination.
• It is important that anyone who is qualified for a job, be able to be assessed equally to all others applying for a job.
• We would not seek to remove the inherent requirements test from the EO Act.

The Greens are surprised that some Christians (definitely not all Christians) oppose this requirement. A critical part of the Christian message is to love all, and treat all equally.

To support discrimination against others when the criteria for that discrimination is not inherently necessary for the goals of the organisation, seems anti-Christian.

If it can be shown that the gardener or office worker interacts in such a way as to transfer the inherent values of the religious organisation to the people there, then argue it. But if some roles have no connection to the goals of the organisation, it is simply unjust to discriminate against applicants for those roles. If a non-Christian is happy to work in a Christian environment and not undermine the philosophy of the group employing them, isn’t that a good thing for a Christian organisation to be demonstrating to the people they deal with?

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 Greens support VHREOC’s new power to initiate an investigation. This provision was lacking from the previous Act and has long been called for. Some people who suffer discrimination are unwilling to lodge a formal complaint for fear of further discrimination. It is intended that this provision be used primarily to look at systemic discrimination.  It is an import tool in the quest to rid the community of discrimination.

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?

• The concerns expressed here have already been dealt with in the amendments that were passed after the initial action against the “two Dannies”.
• The Greens have stood on public platforms explaining that they do not agree with laws that interfere with freedom of speech: we have specifically said that we do not agree with the Victorian Racial and Religious Vilification laws.
• The Greens believe that freedom of speech means you have to put up with hearing things that you might not agree with, or like.

It surprises some Christians that the Victorian Greens are opposed to the racial and religious vilification laws. Freedom of speech demands that such laws should not exist.

At the same time, it must be said that the Greens abhor racism and the spreading of fear and hatred of others in a community. Such activity should be fought and opposed. Education, advertising campaigns and maintaining the anti-discrimination laws, should all be used to fight racism and the deliberate spreading of misinformation to create hatred and fear.

We note that since the 2005 amendments there have not been any cases as extreme as the “Catch the Fire” case.

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?

• The Greens seek to represent all members of the Australian community
• Any group (churches and other religious groups included) will have access to Greens parliamentarians
• A number of active Christians are a part of the Greens Party, and we continue to attract a growing number of Christian voters, as they see the importance of our stand on issues ranging from treatment of refugees, care for the poor and care for the environment.

The Greens appreciate the social work and important contribution that churches and other non-government groups make to Australian society. Our overseas aid policy, for example, sees the value of non-government agencies (including Christian agencies) in that vital area, and we would continue to support and work with such groups. 

Greens MLC Colleen Hartland has worked closely with different religious organisations throughout her term in parliament – particularly charity and social justice groups – for her family and community services and multicultural portfolios.

The Greens are not “anti-religious” or “anti-Christian”. We do clash with intolerant people of any stripe. But we sincerely believe in “live and let live”.

Even though we get attacked by intolerant others, we try not to respond with intolerance – as in the great saying: “do unto others as you would have them do unto you”.  Of course we would work with churches and church charity groups. And we will work with non-Christian groups too.

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?

• The Greens would support the introduction of homosexual specific hate crimes laws
• To support such laws is not the same thing as wanting to “gag comment on teaching from a religious worldview”, because we don’t believe religious teaching includes harassment and harm.

The Greens are not opposed to religions arguing their beliefs. We are opposed to activities that harass or hurt minority groups.

There is a significant difference here, and we should learn from the British example, and make sure our legislation has the necessary provisos to see both issues successfully addressed. Of course it is a good thing to make it “unlawful to harass another person on the basis of their sexual orientation or gender identity.”

When would New Testament Christians ever want to harass, or sanction harassing of any other group that was not the same as themselves?  No Christian should want to allow or encourage harassment of minority groups: even groups they personally disagree with.

What is wrong is if such a desire led to suppression of freedom of speech or sharing ideas. We would want to make sure that no such laws could be used to hurt freedom of speech and freedom of religion.

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?

• Victorian laws already punish the purchaser of sexual services in certain settings
• The Greens are always open to exploring models and different ways of working on social problems.

Greens councillors have pushed to get signs in brothels explaining what sexual slavery is and how to get help. This led to the state government making similar provisions in recent amendments to prostitution laws. 

The Greens are always prepared to examine models being used in other nations in tackling social problems. Of course we would be willing to examine the Swedish model of how they tackle their prostitution problems. The Greens would love people who use this line:  “check out what other nations are doing” – to apply the same eagerness on other issues as well: how to work with drug addicts; how to fight child pornography; how to address racial tension in society; how to work on fighting internet porn… let’s be open to investigating any and every issue through the wealth of experience around the world.

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?

• The Greens would be willing to be on any committee to review classification standards.
• We support protecting children from highly violent or sexually explicit material and we would certainly consider such legislation carefully.

The Greens would carefully examine the details of any such proposed legislation before supporting or rejecting it.

The argument for the R18+ rating is that currently such material is not rated and yet is available.

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?

• The Greens would not seek to legalise any illegal drugs.
• We support criminal sanctions for drug dealers but see drug dependent people with a health problem, not a criminal problem.
• The Greens policy supports supervised injecting rooms as part of a harm minimisation program.

The Greens believe governments must seek advice from the agencies that work directly with drug users to ascertain the evidence on how to deal with problems associated with dependent drug use. Greens policy is guided by the research and experience of organisations such as ANEX, The Burnet Institute and community health centres who deal directly with this issue such as community health centres.

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?

• The Greens would fully support all efforts to limit poker machine use: we want Victoria’s 30,000 machines to be reduced to 10,000 machines.
• We have a long-standing policy and a history of campaigning to make the maximum bet $1 on poker machines
• We want to reduce maximum credit balances (i.e. how much can be inserted into a machine) to $200.

Gambling harms individuals, families and communities in this country. Victoria has become “gambling income dependent” and it is a great blot on our state’s name and reputation. Poker machines raise over 1 billion in tax revenue for the state government each year. This is nothing to be proud of. We are seeing thousands of people and their families seriously damaged by poker machine addictions.

The Greens have been asking for years to reduce the total number of poker machines down from 30,000 in Victoria to 10,000.

The Greens negotiated with the government to have an earlier phase-out date to remove ATMs from gambling venues.

There should be a maximum of $1 bets on poker machines: there must be a removal of note acceptors from them, and a limit of no more than $200 that can be “stored” in a poker machine for credit. We want any prize of over $250 to be given as a cheque to the winners, (to prevent them from putting it all back into the machines). We want to ban incentives to gamble (such as the provision of free food and drinks).

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?

• It is the right of every person to have access to affordable, appropriate, safe, healthy, environmentally responsible and community-orientated housing.
• Security of tenure for private renters and social housing tenants is essential. Tenants and tenant organisations are entitled to participate in decisions about social housing services.
• More resources must be put into increasing the stock of public housing, to redress the shameful deterioration of this service to the community.

The current housing system is flawed. Homelessness is a growing concern, long waiting lists for public housing continue to grow, low cost private rental is in short supply and younger and low income households struggle to secure affordable home ownership. Differentials in house prices across Melbourne and regional Victoria have the potential to create a divided city and society. In addition, much of our housing has poor environmental sustainability.

There is so much that needs to be done in regards to the housing crisis. The Greens want to see increased investment in social housing, and targeted housing assistance and tax incentives for more effective housing supply outcomes. We want restructuring of the allocations system to give clients greater housing choice and flexibility. The implementation of planning practices which increase provision of affordable and diverse housing stock is critical. We want to ensure an adequate supply of housing to cater for those in crisis and/or with complex needs (e.g. mental illness, substance dependence), with appropriate supports where necessary, while continuing to meet the needs of other low income households. And we want to promote tenant participation in decisions about housing services.

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?

• The Abortion Law Reform Act 2008 provides for a conscientious objection for all practitioners, except in an emergency situation where the woman’s life is at risk.
• Removing s.8 would not significantly alter the obligation on doctors, because doctors would remain guided by the AMA Code of Ethics.

The Greens MPs would not support a motion to remove s.8 from the Abortion Law Reform Act.

Section 8 provides for a conscientious objection for all practitioners, which protects any practitioner seeking to exercise that right. The Greens support the right of any practitioner to exercise a conscientious objection in those circumstances.  We are concerned that any group would seek to remove that right.

In addition, we note that removing s.8 would not significantly alter the obligation on doctors, because doctors would remain guided by the AMA Code of Ethics.

The AMA Code of Ethics provides for a conscientious objection for doctors, with some limits:

1.“The Doctor and the Patient
1.1 Patient Care
…
p. When a personal moral judgement or religious belief alone prevents you from recommending some form of therapy, inform your patient so that they may seek care elsewhere.
q. Recognise that you may decline to enter into a therapeutic relationship where an alternative health care provider is available, and the situation is not an emergency one.”

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?

A parliamentary enquiry could not achieve anything other than further distress the parents of the babies who have died in such tragic circumstances, because no medical intervention could have saved the baby’s life.

They were all born pursuant to early induced labour after the parents had been told of serious defects in the foetus, which meant that their much-wanted baby could not survive.

These were some of the most examined deaths in Victoria. Before they died, their cases were referred and discussed, over and over. Expertise was drawn from across the state on the nature of the diagnosis, and whether there was any option to save the baby. All options were considered until there was no hope.

These deaths occurred in hospitals, staffed by medical professionals. Multiple medical professionals were involved. The deaths were reported to CCOPMM. At every stage health services officers have an obligation to report to the Coroner if there was any suspicion of wrongdoing. For example, if there had been a misdiagnosis, or if anyone saw anything other than the best available palliative care for the baby. Parents could also have referred independently to the Coroner. 

The Coroner did not investigate any of those 52 deaths. This indicates to us that there was no suspicion of any breach.

As the baby has been born alive, it is an Australian citizen with all the full rights to medical treatment or palliative care of any dying citizen. 

On a related issue, we draw your attention to page 48 of the same report.  In 2007, 4 children aged 10-14 years committed suicide. A further 10 children aged 14-17 years committed suicide. It was the second most common cause of death in this age-group.  These are lives that could potentially be saved. We encourage all those concerned about the tragic death of children to take action on early intervention on mental health issues.

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 Greens would not rule out any attempt to bring in a conscience vote on euthanasia.
• The Greens support the right of people in sound mind, dying from an incurable disease, when pain relief is not working for them, to be able to seek assistance to die.
• We will request that the government send a reference to the Law Reform Commission consult with the community on this important issue and make recommendations.

Many of the MPs who rejected Ms Hartland’s Bill said that they support dying with dignity in principle, and they might have voted differently had the legislation been the result of a thorough investigation and consultation.  This is why we wish to refer the matter to the Victorian Law Reform Commission.

Ms Hartland’s legislation was supported by a broad range of community members, including Christians.

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?

• The Greens would strengthen existing early intervention programs and review the Child First system and its capacity to meet demand.
• The Greens appreciate the good work done by the many dedicated workers in the area of child services, and we want to see them supported, given more resources, given more staff, and given on going professional development.
• Innovative and successful placement prevention programs, such as multi-systemic therapy, should be replicated around Victoria. 
• We need an effective long-term human resources plan for Child Protection services and a broader role for the Child Safety Commissioner, who must be truly independent of government.

The experiences of children will continue to affect them for the rest of their lives. The difference between a safe and stable childhood and one which is not often means the difference between a happy and productive adult and one who is incapable of participating in their community.  For too long Governments have failed our children, leading to intergenerational social problems which continue to result in hopelessness and despair for tens of thousands of Victorians. Government Policy in the area of Child Protection & Out of Home Care is vital in ensuring the continued wellbeing of our community.

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?

• The Greens would support legislation to allow same sex couples to adopt, as long as they fulfil the adoption criteria.
• Western Australia has had such legislation for 8 years and NSW recently passed similar legislation.
• Same sex couples have been allowed to foster children in Australia, for decades.

We disagree with the assumptions behind the above question.

It is not damaging for a child to be raised by gay couples who love and care for their children. Children raised in loving gay homes will still get input from “the other gender” by siblings of the parents, cousins, aunties, grandparents and adult friends. Our society is complex: there are many different family types. We have children being raised by single mothers and widowed single parents. People opposed to gay adoption do not lobby to have children removed from other single gender homes.

We have children in foster care being raised by gay couples. We have healthy and happy children being raised in all models of different family types. And sadly, we have children being raised badly by all types of families too. It would be better for children to be in a loving gay family than an abusive heterosexual family.

It is too simplistic to pretend that one model is the only good way to raise children.

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?

• We would carefully examine any proposal, but would not support faith based schools teaching creationism in science classes or instead of science.

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?

• The Victorian Greens have no policy that seeks to take Religious Education (RE) from schools.
• While RE is in state schools, we would always want there to be an “opt out” or “opt in” structure for families to use in relation to religious education. For children of families of other faiths or no faith, there must be no compulsion to attend.
• The propagation of religious belief is not the responsibility of state schools. If families want to have their children learn about the Christian faith, then really, that should be done in different settings: the home, the church, and private religious schools.

The Greens believe in the separate of church and state. Traditionally Christianity has been one of the majority religions in Australia. Does that give it the right to use the institutions of the state to propagate its values and beliefs? Or should the church be a voice speaking into society without using the institutions of society to show bias towards itself? These are hotly debated questions that can’t be resolved in 200 words.

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?

• Preventation needs to be the primary work with young people, whether that be making sure they are free from violence in the home, are able to attend school, work or training and/or receive mental health support services.
• Postcode is a determinant of a young person’s likely involvement in the criminal justice system.  Governments must make sure that services that will prevent this are fully funded and inequity in our community is addressed.
• The need for support and ongoing care doesn’t end when a young person leaves state care or detention. Many of these young people have been severly traumatised by their backgrounds and need individualised, ongoing support to reengage them in the community and stop them reoffending or entering into the adult criminal justice system.
• Detention of young people should be avoided and only used in exceptional circumstances.
• The Greens want full funding of community legal service centres and legal aid in both civil and criminal jurisdictions, to ensure access to justice for all who require it in Victoria.
• The Greens want a criminal justice system that is modern, and based on principles of restorative justice and respect for the rights of victims, accused and offenders.

The Australian Greens Victoria will work towards establishing a wide range of non-custodial civil penalty and criminal sentencing options aimed at rehabilitation and social reintegration of offenders. The need for support and ongoing care doesn’t end when a young person leaves state care or detention. Many of these young people have been severly traumatised by their backgrounds and need individualised, ongoing support to reengage them in the community and stop them reoffending or entering into the adult criminal justice system.

We want to ensure that there is adequate funding of legal aid services, community legal centers, tribunals and courts (including specialist tribunals), victim compensation and rehabilitation services, and offender rehabilitation and reintegration support services.

The Greens also want to revert all privatized prisons to public ownership and control, consistently with existing contractual obligations and establishing justice reinvestment strategies where it is cost-effective to prevent crime and reduce imprisonment. Privatized prisons do not offer the same amount of rehabilitation programs as state run prisons can offer. State run prisons are not there to make a financial profit: more resources can be directed to state prisons to help young offenders get training and skills to help them not reoffend. Private run prisons are less keen to spend from their profit margin on more programs to help fight recidivism. 

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?

• The early identification of high-risk individuals, and the prevention of mental illness where possible, are crucial.
• De-stigmatizing mental illness within the community will support people in seeking earlier treatment, while prioritizing early intervention programs will also reduce demand on acute care services.
• Mental health protection and treatment programs must be fully funded.

The Greens want to implement a series of Victoria-wide campaigns aimed at raising awareness of mental health issues and services. We want to provide mental health education programs for schools, communities, government and non-government service providers, and business groups. We want to provide the highest quality continuity of care for people with a mental illness when they are transferred from hospital to community-based care, including adequate resourcing for the community-based treatment component. We want to decrease the disparity of service provision between geographical areas, and in particular remedying the lack of psychiatric services in regional and rural areas.

We want to provide more government support for carers of people with a mental We also want to ensure adequate case loads for case managers for people experiencing mental health problems, and for supporting families dealing with mental health issues. The Greens want increased funding for community based programs, including self-help groups and specialist programs.  We want to better integrate mental health services with the work of school counsellors, including the employment of mental health aides in educational facilities. The Greens also support providing employment programs and job opportunities for people with a history of mental illness.

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?

• More resources must be directed into the area of assisting people with disabilities to lead fulfilled lives, not least of all into supported accommodation.
• People with disabilities should be assisted to take control of their own lives and this can be aided by adequate will, energy, funding and support from all levels of government.
• Governments have the primary funding responsibility to facilitate equality of opportunity in all areas of education, health, housing, mobility, employment, and social participation, for all people with disability.

Disabilities come in a range of forms and some are understood better than others, but they all have people in common.  People who are denied basic human rights that many of us take for granted by something as simple as a flight of stairs or a website.

Many people with disabilities are supported by carers who give up so much and receive little in return.

People with a disability and those who help them through life should never be made to bear the brunt of unavoidable costs and should be able to enjoy life along with the rest of the community.

We can relieve pressure on people with a disability and carers by ensuring individuals, families and carers are not disadvantaged by non-optional disability-related costs, including equipment, transport and personal assistance. As well as providing options to people with ageing carers, ensuring appropriate, adequate, affordable services and housing is available to people with disability will ensure young people are not forced into nursing homes.

The Greens priority is to ensure the provision of cultural and age-appropriate, as well as language-specific, services and accommodation for Victorians from all backgrounds and, in particular, ensuring Indigenous Australians with disability have access to services that meet their needs.

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?

• The Greens have a strong commitment to our policies and principles.
• If we gain the balance of power we will certainly seek to influence government as much as we possibly can.
• That influence is shaped and limited by a number of important factors of course; not least of all, that we do not have a majority in either chamber, and the Coalition and Labor more often vote together on most legislation.
• Our policies provide for integrity and transparency in politics.

The Greens have had the balance of power in the Victorian upper house since 2006. We have acted responsibly and cooperatively. Our MPs are mature and hard working and work hard on committees.

We offer good suggestions for amending proposed legislation and we introduce legislation we believe is important but which the other parties neglect.