Comment on Albanese government rejects all UN recommendations on improving LGBTQIA+ rights

Taleya@aussie.zone ⁨3⁩ ⁨weeks⁩ ago

• shirro@aussie.zone ⁨3⁩ ⁨weeks⁩ ago

  Such recommendations need to go to the states/territories in our federal system. For instance conversion therapy is banned in SA, NSW, ACT, Vic. So the recommendations on that should go 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. The external affairs power worked for the Franklin dam but that was a specific set of circumstances.

  source

  • Taleya@aussie.zone ⁨3⁩ ⁨weeks⁩ ago

    Curious as to why conversion therapy or private schools would be a state vs federal thing

    source

    • dockedatthewrongworf@aussie.zone ⁨3⁩ ⁨weeks⁩ ago

      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.

      source