Discrimination Amendment Bill Introduced to ACT Parliament
Friday 9 November 2018 @ 1.28 p.m. | Legal Research
The Discrimination Amendment Bill 2018 (ACT) (the “Bill”) was introduced to the ACT Parliament’s House of Assembly on 1 November 2018, by Minister for Justice, Consumer Affairs and Road Safety, Shane Rattenbury, and Minister for Social Inclusion and Equality, Andrew Barr.
The Bill proposes to make amendments to the Discrimination Act 1991 (ACT) (the “Act”).
Background to the Bill
As indicated in the Bill’s Explanatory Statement (the “ES”), the Bill:
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Strengthen protections against discrimination for both students and employees/contractors in educational institutions conducted for religious purposes; and
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Provide a limited exception for educational institutions conducted for religious purposes to discriminate against employees and contractors, and students on admission, but only on the grounds of religious conviction, and not other protected attributes such as sexuality.”
Overview of the Amendments
By inserting a new section 32(2), the Bill clarifies that a general exception for religious bodies in section 32 will not apply to employment or contracting; or the admission, treatment and continued enrolment of students; in religious educational institutions.
The Bill will introduce amendments to the Act to repeal the exceptions in section 33 of the Act that “allow educational institutions conducted for religious purposes to discriminate against students and employees/contractors in relation to any protected attribute, including sexuality and gender identity”.
The Bill’s ES indicates it also:
It also amends an existing limited exception in relation to students, which allows religious educational institutions to discriminate in relation to admission of a student, but only on the grounds of religious conviction of the student (or their family).
Comment on the Proposed Amendments
In his Second Reading speech, Minister Barr said:
Review of Religious Freedom
In November 2017, the Federal Government announced the appointment of an Expert Panel to examine whether Australian law (Commonwealth, State and Territory) adequately protects the human right to freedom of religion, with the Hon Philip Ruddock being appointed Chair of the Panel (the “Ruddock Review”). After receiving more than 15,500 submissions the Panel delivered its Report to the Prime Minister on 18 May 2018.
The Terms of Reference for the Review included:
- consider the intersections between the enjoyment of the freedom of religion and other human rights;
- have regard to any previous or ongoing reviews or inquiries that it considers relevant; and
- consult as widely as it considers necessary.
In a Statement of May 2018, the Panel commented:
The full report from the Ruddock Review has not yet been made public.
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Sources:
Religious Freedom Review - Statement from the Panel – Department of Prime Minister and Cabinet
Religious Freedom Review Terms of Reference – Department of Prime Minister and Cabinet
Discrimination Amendment Bill 2018 (ACT) - Bill and supporting information available from TimeBase's LawOne Service