The former human rights commissioner has stood up for Israel Folau’s right to fundraise for his legal fight against Rugby Australia.

The former Wallabies player had his contract terminated for posting on his Instagram page that homosexuals are destined for hell.

Although Gillian Triggs says she doesn’t support Folau’s point of view, she says she’s concerned about the prospect of an employer controlling the free expression of their employees.

She tells Ben Fordham the issue centres around where freedom of speech and freedom from discrimination intersect when it comes to Australian law.

“We have a prohibition on racial abuse in the public arena, but we don’t have anything which prohibits homophobic comments. 

“It is not, in my view, very wise for employers to use the power of the employment contract to impose principles which do not find a place within the Australian legal system.

“We do not have very much clarity in Australia as to exactly what the meaning of religious freedom really is.”

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