ALRC releases paper
Faith-based schools would not be able to refuse to enrol LGBTIQ+ students or expel students on grounds of sexual identity under proposals put forward
Faith-based schools would not be able to refuse to enrol LGBTIQ+ students or expel students on grounds of sexual identity under proposals put forward in an inquiry by the Australian Law Reform Commission (ALRC).
They would also not be able to discriminate in the hiring of staff.
However schools could still teach religious beliefs regarding sexuality as long as it is done in a way that “respects its duty of care to students”, according to the ALRC’s consultation paper Religious Educational Institutions and Anti-Discrimination Laws, released last Friday.
Jewish communal leader Justice Stephen Rothman is conducting the inquiry for the ALRC.
“The document is intended to be a series of proposals for the purpose of focusing discussion,” Rothman told The AJN.
“Formal and informal submissions are due by February 24 and they will be considered by me (and the ALRC team) in order to achieve a result consistent with international law, the reference by the Attorney and an appropriate attempt to achieve all three of the reference purposes.
“It may well be that all three purposes are incapable of achievement in the absence of a religious discrimination statute.”
Other recommendations in the paper include schools being able to preference staff based on religious belief where it is a requirement of the role and an expectation that all staff at a religious educational institution respect its ethos.
The discussion paper also contains 14 technical reforms to amend legislation in the Sex Discrimination Act 1984, the Fair Work Act 2009 and the Australian Human Rights Commission Act 1986.
The Executive Council of Australian Jewry participated in the commission’s roundtable consultations in December 2022 and has also sought input from the Australian Council of Jewish Schools.
“Our submission will consider the impact of the commission’s proposals on Jewish day schools, and also on the position of faith communities more generally,” co-CEO Peter Wertheim said.
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