Federal ALRC Report Released

Mar 22, 2024

On Thursday 21 March, the Attorney General, Mark Dreyfus tabled the final Australian Law Reform Commission (ALRC) Report following their Inquiry into Religious Educational Institutions and Anti-Discrimination Laws (see below).

On Tuesday 19 March, Prime Minister Anthony Albanese was reported saying that he would not act on the ALRC report or a Religious Discrimination Bill without bipartisan support.

A draft of the Religious Discrimination Bill has been shown to the Opposition and key faith leaders, but is not public. As more information is made public, we will update this page with our analysis.

Freedom for Faith will continue to work with heads of faith, the Government and Opposition, and grassroots campaigning to develop a bi-partisan position that will implement a religious discrimination bill and protect faith-based schools.

ALRC Report

Unfortunately, the recommendations in the Final ALRC Report provide even fewer protections for our schools than the controversial Consultation Report. Christian school groups have categorically denounced the ALRC’s recommendations in a joint Media Release labelling it “a direct attack on faith and freedom of belief in Australia” and if adopted by the Government, “Christian education as we know it will cease to exist.”

The two key recommendations that will significantly impact faith-based include:

Recommendation 1

which would 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 by amending the Sex Discrimination Act 1984 (Cth), so that:

section 38 is repealed;
section 37 is amended to specify that s 37(1)(d) does not apply to an act or practice in relation to an educational institution; and
section 23 is amended to specify that s 23(3)(b) does not apply to accommodation provided by an educational institution.

Recommendation 7

which would amend the Fair Work Act 2009 (Cth) so that:

religious educational institutions are excluded from the exceptions contained in s 153(2)(b), s 195(2)(b), s 351(2)(a), s 351(2)(c), and s 772(2)(b) of the Fair Work Act 2009 (Cth) as they apply in relation to the protected attribute of religion; and
in relation to the selection of staff for employment at a religious educational institution, it is not contrary to s 153(1), s 195(1), or s 351(1) to give preference, in good faith, to a person of the same religion, where the giving of such preference:
- is reasonably necessary to build or maintain a community of faith;
- is proportionate to the aim of building or maintaining a community of faith, including in light of any disadvantage or harm that may be caused to any person or persons not preferred; and
- does not amount to conduct that is unlawful under the Sex Discrimination Act 1984 (Cth).

These recommendations strip faith-based schools of their abilities to select staff who not only state their faith. but live that faith out -including in their marriage and sexuality.

In tabling the report, the Attorney General seemed to distance himself and the Government from the recommendations, saying:

No Australian should be discriminated against because of who they are or what they believe.

The Australian Law Reform Commission’s report tabled today is not a report from the Government. It is advice to the Government, and we will continue to consider it.

The Government will seek to enhance protections in anti-discrimination law in a way that brings Australians together.

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.

Over many months, we have been talking to a range of religious institutions, community organisations, unions and legal experts. We thank them for their engagement, and we thank the Australian Law Reform Commission for its work.

The Government is seeking an enduring solution that strengthens protections for all of us – students, teachers, people of faith. And that’s why bipartisan support for solutions is essential.

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