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Submission — 18 May 2011Submission to the Queensland Parliament's Scrutiny of Legislation Committee concerning clause 10 of the Weapons Amendment Bill 2011 (Qld)18 May 2011 Scrutiny of Legislation Committee Dear Committee WEAPONS AMENDMENT BILL 2011 This submission concerns clause 10 of the Weapons Amendment Bill 2011 which amends section 51 – Possession of a knife in a public place or a school. The relevant fundamental legislative principle is the rights and liberties of individuals, namely the freedom from discrimination on the basis of religious belief or activity. Currently, section 51 of the Weapons Act 1990 prohibits the physical possession of a knife in a public place or school unless there is a reasonable excuse. The Commission welcomes and supports the proposed amendment to clarify that the 'reasonable excuse' exception includes the physical possession of a knife in a public place for genuine religious purposes, with the example of carrying of a kirpan by baptised members of the Sikh religion. The 'reasonable excuse' exception has not been extended to the physical possession of a knife for genuine religious purposes in a school. This has the effect of discriminating against students, teachers, contractors and members of the school community who are of a religion that requires the carrying a knife, such as the Sikh religion. It means that people of the Sikh religion cannot be teachers, or perform other work, or attend schools in Queensland, unless they compromise their religion. Discrimination on the basis of religious belief or activity is unlawful under the Anti-Discrimination Act 1991 in all of the areas of public life covered by the Act, including work and education. The Explanatory Note to the Bill indicates that the reason for not extending the 'reasonable excuse' exemption to schools is the number of offences involving knifes committed on Education Queensland premises (164) between 2009 and 2010. There is no indication or clarification whether any of these offences involved a kirpan or other religious knife. Further, these offences occurred when the physical possession of a knife in a school was prohibited under Weapons Act 1990 and Education Queensland prohibited students from bringing knifes or other weapons to school. The Commission acknowledges that at times it may be appropriate to displace the Anti-Discrimination Act 1991, however those circumstances limited to those supported by persuasive evidence, which is then monitored for continued justification of the limitations of human rights. It is suggested that the Committee ask the Minister to clarify and expand on the reasons for not extending the 'reasonable excuse' exception for genuine religious purposes to schools. Yours sincerely KEVIN COCKS AM |
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