Equal Opportunity Amendment (Equality for Students) Bill 2016
Friday 15 July 2016 @ 11.23 a.m. | Legal Research
The Victorian Greens Party has introduced a Private Bill into parliament that proposes to remove the ability of religious schools to discriminate against students based on their sex, sexual orientation, lawful sexual activity, marital status, parental status or gender identity. The Equal Opportunity Amendment (Equality for Students) Bill 2016 will amend the current Victorian Equal Opportunity Act 2010 to limit the application of the special exemption clauses in sections 82(2), 83 and 84 of the Act for religious organisations and institutions.
Background to the Legislation
Currently, the Victorian equal opportunity laws have protected the public by safeguarding it against prejudice and discrimination. However, special exemptions in sections 82, 83 and 84 of the Act allows for religious schools to discriminate against students and employees based on characteristics or qualities that would go against the teachings and beliefs of the school. Section 83 of the Act specifically states:
“Nothing in Part 4 (the part of the Act that prohibits certain types of discrimination) applies to anything done on the basis of a person’s religious belief or activity, sex, sexual orientation, lawful sexual activity, marital status, parental status or gender identity’…that conforms with the doctrines, beliefs or principles of the religion, or is reasonably necessary to avoid injury to the religious sensitivities of adherents of the religion.”
Current Bill
The current Bill amends the Act to remove the exceptions based on “sex, sexual orientation, lawful sexual activity, marital status, parental status or gender identity”. In her second reading speech, Victorian Greens Whip Sue Pennicuik highlights the concerns made by these exceptions. She explained:
“The practical effect of the exceptions is that school students may be denied enrolment at a religious school or could be expelled from a religious school for being same-sex attracted, transgender, or in the case of female students, pregnant or having a child whilst unmarried.”
She went on to explain that these exceptions are in violation to the culture of the Victorian people as well as being harmful to the wellbeing of school students. She added:
“The Bill creates a new section 84A in the Equal Opportunity Act that does not permit discrimination by a person or body that establishes, directs, controls, administers or is an educational institution against a student on the basis of the student's, sex, sexual orientation, lawful sexual activity, marital status, parental status or gender identity.”
Similar Cases
The Victorian Bill is not the first of its kind and represents a progressive step towards religious anti-discrimination. The US Catholic schools have recently changed their anti-discrimination policies to allow LGBT employees. Meanwhile, in Australia, attempts have been made in New South Wales to abolish independent school discrimination exemptions. The NSW effort, however, was ultimately frustrated by a lack of support from the State Government.
The current Victorian State Government came to power promising to make Victoria an ‘Education State’ and has since delivered on its promise by making its schools safer and more culturally diverse. Leading news school source, School Governance, is optimistic that if any Australian State or Territory is likely to see this progressive bill successfully through Parliament, it would be Victoria.
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Sources:
Equal Opportunity Amendment (Equality For Students) Bill 2016, Bill, Explanatory Memorandum and Second Reading Speech as published on LawOne
Victoria proposes to end religious school exemptions to discrimination law
