QLD
Judges deciding theology?
The Anti-Discrimination Bill grants judges unprecedented powers over the affairs of religious institutions
The Bill forces religious organisations and religious schools to rely on the narrow ‘genuine occupational requirements’ test in the new cl29.
Not only is this clause unacceptably restricted to only considering the religious belief or religious activity of the employee when making decisions about the employee and their work and prohibits actions taken in respect of any other protected attribute, the clause further restricts the ability of religious organisations to maintain their religious ethos by requiring that the decision made is “reasonable and proportionate” in the circumstances.
29 Genuine occupational requirements for religious bodies
- A person may discriminate against another person on the basis of the other person’s religious belief or religious activity in relation to work for a religious body if—
- participation in the teaching, observance or practice of the religion concerned is a genuine occupational requirement of the work; and
- the other person cannot satisfy the genuine occupational requirement because of the other person’s religious belief or religious activity; and
- the discrimination is reasonable and proportionate in the circumstances.
- Subsection (1) applies to discrimination in relation to a matter mentioned in section 22(1)(a), (b) or (d) or (2)(c).
- To remove any doubt, it is declared that a person can not rely on subsection (1) to discriminate against another person on the basis of a protected attribute other than religious belief or religious activity.
Example for subsection (3)—
A person can not rely on subsection (1) to discriminate against another person on the basis of the other person’s relationship status.
This kind of test is known to be imprecise, fact-specific and to give judges a very large amount of discretion over the affairs of religious institutions. It will allow judges to make decisions about matters of religious practice and belief, asking whether those beliefs and practices are ‘reasonable’.
This is highly inappropriate. Such a level of discretion should not be turned over to the courts. It is inconsistent with the protections assured to religious freedom in international law.
This Bill will have serious consequences for religious organisations and schools in Queensland.
It guts protections for religious freedoms in the State.
NOW is the time to contact your MP and tell them to FIX THIS BILL and protect religious freedoms.
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