The Albanese government has accepted the lowest number of recommendations made by the UN Human Rights Council in 20 years, with none protecting the LGBTQIA+ community.
Yep, but such recommendations need to go to the states/territories in our federal system. Also I suspect Albo is spooked by the rise of the far right/culture wars bullshit in Australia.
Conversion therapy is banned in SA, NSW, ACT, Vic. So the recommendations on that should go to shit state/territories like WA, Tasmania and NT. Any attempt by the federal govt to legislate outside of its constitutionally defined powers would have to survive a high court challenge which is just going to feed the facebook crazies. The external affairs power worked for the Franklin dam but that was a specific set of circumstances.
From what I can tell from an admittedly brief search for more information is that if the federal government was to federally criminalise conversion therapy a legal challenge could be mounted by state governments as federal criminal law normally in relation to crime that crosses state borders (i.e. drug trafficking) and might be seen as federal overreach. (Though during my reading apparently the federal government has overridden state laws before; namely overriding Tasmanian sodomy laws so maybe it could be done)
Private school funding on the other hand I’m not as certain about. I don’t know if the Act that details how funding for non-government schools is dispensed allows the federal government to place restrictions on funding based on discriminatory practices in these schools. It might be something that needs to be done on a state level.
Yep, but such recommendations need to go to the states/territories in our federal system. Also I suspect Albo is spooked by the rise of the far right/culture wars bullshit in Australia.
Conversion therapy is banned in SA, NSW, ACT, Vic. So the recommendations on that should go to shit state/territories like WA, Tasmania and NT. Any attempt by the federal govt to legislate outside of its constitutionally defined powers would have to survive a high court challenge which is just going to feed the facebook crazies. The external affairs power worked for the Franklin dam but that was a specific set of circumstances.
Curious as to why conversion therapy or private schools would be a state vs federal thing
From what I can tell from an admittedly brief search for more information is that if the federal government was to federally criminalise conversion therapy a legal challenge could be mounted by state governments as federal criminal law normally in relation to crime that crosses state borders (i.e. drug trafficking) and might be seen as federal overreach. (Though during my reading apparently the federal government has overridden state laws before; namely overriding Tasmanian sodomy laws so maybe it could be done)
Private school funding on the other hand I’m not as certain about. I don’t know if the Act that details how funding for non-government schools is dispensed allows the federal government to place restrictions on funding based on discriminatory practices in these schools. It might be something that needs to be done on a state level.