Paul Fletcher (Bradfield, Liberal Party, Minister for Communications, Urban Infrastructure, Cities and the Arts) Share this | Hansard source

I inform the House that the government does not support these amendments, which would have the effect of removing existing exemptions under section 38 of the Sex Discrimination Act for religious educational institutions to discriminate against employees, contract workers and students in good faith and in accordance with their religious doctrines. These amendments would also mean that section 37 of that act, which provides exceptions for religious bodies, as opposed to religious educational institutions, to provide that the exception does not apply to the conduct of religious educational institutions in relation to employment, education and training.

I make it clear that the government believes that discrimination against students in education is unacceptable in all of its forms. Issues relating to the employment of staff at religious schools are more complex than issues relating to students, and raised particular legal issues. They require careful consideration of the interaction between the Sex Discrimination Act and other relevant legislation, including the Fair Work Act, as has been recognised by a number of stakeholders, including the Australian Human Rights Commission. I make the point that the government's proposed amendments, which I trust I'll move shortly, give effect to our commitment to ensure that no child is expelled from his or her school due to his or her sexual orientation.

The government has referred an inquiry to the Australian Law Reform Commission to consider the current framework of religious exemptions in Commonwealth, state and territory antidiscrimination law, including the Sex Discrimination Act. We think that is the better way to address these matters.

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