The federal government should alter decades-old discrimination laws to remove the right of religious schools to expel students and sack teachers for their sexual orientation, gender identity or relationship status, a new report has recommended.
Days after the federal government threatened to ditch its promised religious discrimination reforms to protect LGBTQ+ students and teachers unless it was guaranteed bipartisanship, Attorney-General Mark Dreyfus tabled The Australian Law Reform Commission’s final report on religious educational institutions and anti-discrimination laws on Thursday.
In brief remarks after question time, Mr Dreyfus said Labor would “consider” the report and its recommendations.
The ALRC has recommended section 38 of the Sex Discrimination Act be scrapped in its entirety, to remove the right of religious educational institutions to insist students and staff adhere to the doctrines, tenets, beliefs and teachings of the religion.
The law allows institutions to discriminate against students and staff based on their sexual orientation, gender identity, marital or relationship status or pregnancy.
“(This recommendation) outlines legislative amendments that would remove general exceptions, and disapply some other exceptions, to prohibitions on discrimination that are applicable to religious educational institutions,” the summary report states.
“The overall effect of implementing (this recommendation) would be to narrow the circumstances in which it would be lawful to discriminate against students or staff at religious educational institutions, on the basis of attributes protected under the Sex Discrimination Act.”
The ALRC also said the Fair Work Act should be changed so that religious education institutions could give preference to employing staff of the same religion, if it was necessary to build or maintain a community of faith.
An equivalent exception for religious schools should also be included in any future Religious Discrimination Act.
“The overall effect of implementing (this recommendation to amend the Fair Work Act among others) would be to narrow the circumstances in which it would be lawful to treat staff (particularly existing employees) at religious educational institutions differently on the ground of religion,” the report read.
“(It would also) ensure that differential treatment on the basis of religion does not allow for discrimination on SDA grounds.
“(It would also) allow religious educational institutions to give preference to persons of the same religion in selecting employees, in order to build and maintain a community of faith.”
Olympian Ian Thorpe said the government should act on the recommendations “right now”.
“Not acting will be a blow to our community and to all the people waiting for better protections including women, people who are divorced or in de facto relationships, and people of faith,” he said.
In tabling the report, Mr Dreyfus said the Albanese government wanted an “enduring solution” to protect students, teachers and religious Australians.
“The government will seek to enhance protections in anti-discrimination law in a way that brings Australians together,” Mr Dreyfus said.
“Just as Commonwealth law already prohibits discrimination on the basis of race, gender, sexuality, disability and age, no one should be discriminated against because of their faith.
“Equally, no students or member of staff should be discriminated against because of who they are. At the same time, religious schools must continue to be able to build and maintain communities of faith.
“The government recognises and respects the right of parents to send their kids to a religious school because of the beliefs and values they teach their children.”
The government is seeking bipartisanship for its religious discrimination reforms, declaring Coalition support “essential”.
Prime Minister Anthony Albanese told the Labor caucus on Tuesday he would not proceed with his election promise to reform religious discrimination laws unless the Coalition guaranteed its support.
Labor committed to amending the anti-discrimination laws after the former Morrison government failed to enshrine protections for students and staff based on their gender identity.
Liberal senator Simon Birmingham this week said the Coalition couldn’t guarantee support if they hadn’t seen legislation.
Following the tabling of the ALRC report, national LGBTIQ+ group Equality Australia called on the federal government to adopt the recommendations.
“Labor committed to these reforms before coming to power but discrimination against LGBTQ+ students and staff is happening in religious schools across the country because of gaps in Australian laws that makes it lawful,” legal director Ghassan Kassisieh said.
“The time has come for our laws to be consistent with Australia’s international human rights obligations and reflect who we are as a nation in the 21st century.”
The Association of Christian Schools, however, said if the government were to adopt the recommendations, “Christian education as we know it will cease to exist”.
Source Agencies
