South Australia
"Religious Bodies"
Amendment Bill
What does the bill do?
The text of the Bill is very short. It removes Sections 34(3) and 50(1) of the Equal Opportunity Act and replace them with a short paragraph.
These sections describe exemptions for faith-based organisations (including schools and other educational institutions) from the legislation about discrimination on ground of sex, sexual orientation or gender identity.
Why do we need religious exemptions?
These exemptions are needed because many religions have beliefs and requirements concerning sex, sexuality and gender, and need to be able to operate according to those beliefs. This includes requiring members to follow those beliefs, and employing staff and volunteers who do so.
The Equal Opportunity Act makes it otherwise illegal to treat a person “unfavourably” based on sex, sexual orientation or gender identity. The Exemptions make it clear that faith-based organisations can continue to operate according to their beliefs.
Exemptions to this section of the Act are about protecting the positive right of religious freedom.
What exemptions exist currently?
Section 50(1) details the exemption for a body established for religious purposes. It includes protection for the training and appointment of ministers of religion, as well as the administration and practices of a religious body.
Section 50(1)
This Part does not render unlawful discrimination in relation to—
- the ordination or appointment of priests, ministers of religion or members of a religious order; or
- the training or education of persons seeking ordination or appointment as priests, ministers of religion or members of a religious order; or
- the administration of a body established for religious purposes in accordance with the precepts of that religion;
- any other practice of a body established for religious purposes that conforms with the precepts of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.
Section 34(3) details exemption from discrimination legislation for faith-based schools and other educational institutions. The exemption is more limited than section 50(1) and only applies if the instruction has a written policy on the issue which is available to staff, students and family, and the public.
Section 34(3)
This Division does not apply to discrimination on the ground of sexual orientation, gender identity or intersex status in relation to employment or engagement for the purposes of an educational institution if—
- the educational institution is administered in accordance with the precepts of a particular religion and the discrimination is founded on the precepts of that religion; and
- the educational authority administering the institution has a written policy stating its position in relation to the matter; and
- a copy of the policy is given to a person who is to be interviewed for or offered employment with the authority or a teacher who is to be offered engagement as a contractor by the authority; and
- a copy of the policy is provided on request, free of charge—
- to employees and contractors and prospective employees and contractors of the authority to whom it relates or may relate; and
- to students, prospective students and parents and guardians of students and prospective students of the institution; and
- to other members of the public.
What does the Bill change?
The Bil would remove both these sections, and replace them with:
This Part does not render unlawful discrimination in relation to the selection or appointment of a person to a religious order or a body established for religious purposes on the basis that they must belong to that particular religion or adhere to the precepts of that religion.
Removes protections for faith-base education
This change would completely remove any protections for faith-based educational institutions, including schools.
The result would be that these institutions will not be able to maintain their culture by choosing to employ people who live out their faith. they would be forced to employ peole who actively teach against or live contrary to the core beliefs of the faith.
“Educational institutions” means much more than schools. This includes universities, colleges and even theological colleges.
Undermines all religious institutions
The Bill also undermines the protections for other faith-based organisations such as churches, synagogues, mosques, and charities.
Instead of the clear protections in section 50(1), it is replaced with very vague wording that only protects “selection or appointment” of a person on the requirement “that they must belong to that particular religion or adhere to the precepts of that religion”.
There is no protection for the operations of a faith organisation that the existing section 50(1) provides.
This vague paragraph gives no certainty for faith groups as they operate in accordnce with theri faith, including:
- How a church responds to a volunteer or member who does not adhere to the faith
- Mosques, synagogues or temples who have separate places of worship for biological men and women
- Whether an employee who was a believer on appointment can be stood down if they change their beliefs
The Bill is anti-faith
These changes bring great uncertainty for faith communities.
Instead of the nation-leading clarity in the existing protections, the new Bill would leave faith communities unsure of what they can and cannot do, and at risk of law suits simply for operating according to their beliefs.
There is no reason to make these changes, unless this is the intention of the Bill – to bring fear, uncertainty and doubt to the faith communities of South Australia.