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Gillian Triggs Backs Calls to Reform Section 18C of Racial Discrimination Act Page 1 of 4 Gillian Triggs backs calls to reform section 18C of Racial Discrimination Act Page 1 of 4 THE AUSTRALIAN Gillian Triggs backs calls to reform section 18C of Racial Discrimination Act Professor Gillian Triggs, the President of the Australian Human Rights Commission, has backed calls to reform section 18C by replacing the words "offend" and "insult" with "vilify". Picture: Kym Smith DAVID CROWE, ROSIE LEWIS THE AUSTRALIAN 12:18PM November 8, 2016 Malcolm Turnbull has confirmed plans to set up a far-reaching inquiry into free speech amid a vigorous Coalition debate on how to change Section l 8C of the Racial Discrimination Act. Mr Turnbull and Attorney-General George Brandis will set up the joint parliamentary inquiry with the aim of receiving a report at the end of February on potential reforms. In a Coalition party room meeting that saw about a dozen backbenchers debate the reform options, some Liberals argued for process changes at the Australian Human Rights Commission rather than amendments to Section 18C. Mr Turnbull acknowledged the case for amendments by citing a comment by commission president Gillian Triggs supporting change to l 8C and the inclusion of a clearer power over racial vilification. The joint parliamentary committee on human rights is chaired by Liberal MP Ian Goodenough, who supports change to 18C. It requires a formal referral from the Attorney-General to look into free speech and 18C. Liberals including David Coleman, Julian Leeser and John Alexander told the Coalition meeting that the best way to fix the problem was to change the process of making complaints to the commission. http://www.theaustralian.com.au/national-affa irs/gillian-triggs-backs-calls-to-reform-se... 8/ 11 /2016 Gillian Triggs backs calls to reform section l 8C of Racial Discrimination Act Page 2 of 4 But Liberal Senator James Paterson told the meeting that Ms Triggs had made it clear, in an interview on ABC TV on Monday night, that she thought the contentious complaint against three Queensland University of Technology students had been a complaint with substance even though it was rejected by the Federal Circuit Court last Friday. Senator Paterson argued that Ms Triggs' comments showed a change to the law was needed. Bill Shorten criticsed Mr Turnbull for once saying l 8C was not a priority but later being dragged "kicking and screaming" by conservatives to do something about it. "How many new jobs will be created by amending Section 18C? How will it help protect our AAA credit rating by amending Section l 8C?" Mr Shorten asked. Human Rights Commission president Gillian Triggs this morning backed calls to reform section l 8C of the Racial Discrimination Act by replacing the words "offend" and "insult" with "vilify", saying the change would only "strengthen" the law. As the Coalition partyroom met, Professor Triggs threw her support behind the inquiry if it recommended changes to l 8C that made it stronger and clearer. It is illegal under l 8C to "offend, insult, humiliate or intimidate" another person because of their race. "There's always ambiguity about what you mean by offending and insulting," she said on ABC radio. "The bar for the federal circuit court and general federal court has always been very high on this question. No mere slight will constitute a breach of 18C (but) the way the commission deals with matters is at a much lower level and that is why we'd Iike to see reform there. "We're open to seeing what the inquiry might suggest- whether the language could be clarified and in our view strengthened that enables us to support the multicultural society that we are." http://www.theaustralian.com.au/national-affairs/gillian-triggs-backs-calls-to-reform-se... 8/ l l /2016 Gillian Triggs backs calls to reform section 18C of Racial Discrimination Act Page 3of4 Asked if she thought the clause could be made stronger by replacing "offend" and "insult" with "vilify", Professor Triggs said: "I would see that as a strengthening, it could be a very useful thing to do." The embattled president, who is facing calls from some Coalition MPs to resign for giving misleading evidence to a Senate estimates hearing, declared Malcolm Turnbull had been "misadvised" and was "wrong" about the commission's role after he warned its credibility and reputation had been threatened by bringing a case against three Queensland Universitv of Technology students. The case was thrown out of the federal circuit court on Friday after judge Michael Jarrett ruled the students had no case to answer in response to a $250,000 compensation claim by indigenous staffer Cindy Prior over comments they made in May 2013 on Facebook. "The commission never prosecutes, never brings a case, never pursues any matter. Once we have declared that the parties cannot conciliate the matter we will terminate it and that was done about 15 or 16 months ago (for the QUT case)," she said. "So we had nothing whatever to do with the federal circuit court and indeed contrary to the Prime Minister's statement, the federal district court said nothing whatever about the Human Rights Commission or its role. Professor Triggs denied being a "political person", saying she had never been a member of a political party or sought public attention. This morning, Cabinet minister Steven Ciobo said a lot of people were "very frustrated" by Professor Triggs because there appeared to be a "pattern of deceptiveness" about the way in which the HRC conducted itself. "Only yesterday she made remarks that said that they were obliged, the Human Rights Commission was obliged to investigate this (the QUT case) and couldn't be dismissive of a false and vexatious claim," Mr Ciobo told Sky News. "Well that's just wrong. Under the Act, they can. The simple fact is this need never have happened. http://www.theaustralian.com.au/national-affairs/gillian-triggs-backs-call s-to-reform-se... 8111120 16 Gillian Triggs backs calls to reform section l 8C of Racial Discrimination Act Page 4of4 "The second issue gets to whether or not - one of the pillars of western democracy is about free speech - whether or not insulting or offensive comments are something that should be a matter of the law." Paper ~u.: 5':)1\J-O}...\ Date: <; /I/ J6 · _ ct> M t!mber: fr'{(/ j"/?.4--Vfb" • Tabled, by leave Incorporated, b leave Clerk at the Ta hie: http://www.theaustralian.com.au/national-affairs/gillian-triggs-backs-calls-to-reform-se... 8/ 11 12016 .
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