Briefing Note: Anti-Discrimination Act 1977 – Religious Freedoms Under Fire
In November 1999 the NSW Law Reform Commission Report No 92, Review of the Anti-Discrimination Act 1977 (NSW), recommended a substantial reduction in the scope of the blanket exemption for private educational authorities. In November 2002 Arthur Chesterfield-Evans of the Australian Democrats moved an amendment in the NSW Parliament to totally remove the blanket exemptions for religious organizations and private educational authorities(1).
In 2000 the then Canon and now Anglican Archbishop, Dr Peter Jensen said, “Currently all private schools have an exemption that allows them to discriminate on certain grounds. NSWLRC proposals would only allow schools under the direction, control or administration of a religious body to continue to have the benefit of the exemption. Independent Christian schools would no longer be exempt. The proposal would significantly narrow the application of the exemption for church schools(2).”
The NSW Attorney General has stated, “In view of widespread community concern that the Commission’s proposals would unduly interfere with fundamental religious freedoms, it was decided not to introduce the draft Bill in its current form(3).”
The Christian Democratic Party is concerned with what the Attorney is not saying in his statement. The Government most likely will introduce their own legislative proposals, possibly similar to those recently passed in Queensland. Or they could possibly support legislative proposals put forth by the Australian Democrats or the NSW Greens.
In February 2003 the NSW Greens made a campaign pledge to introduce legislation to remove the exemption. Upper House MP, Lee Rhiannon said, “The key component of our Bill is that private schools, church organizations and small businesses will no longer be able to allow homophobic practices to occur within their institutions(4).”
In January 2003 Britain closed consultation on anti-discrimination laws to remove exemptions that will result in substantial restrictions on the freedom of churches and religious bodies to employ staff who are practising believers(5).
On November 29th 2002 the Queensland Government passed legislation that removed the blanket exemption clause from Queensland Anti-Discrimination laws. The Queensland Attorney General in correspondence to Dr Peter Barnes states, “The Act has removed “blanket” exemptions for religious employers and made amendments to the “genuine occupational requirement” exemption in the Anti-Discrimination Act 1991(6).”
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(1) Hansard 14 November 2002 – Anti-Discrimination (Heterosexual Discrimination) Amendment Bill
(2) Jensen, Dr Peter – 2000 AD Report of the Anglican Standing Committee; Sydney Anglican Diocese Synod. Law Reform Commission Review of the Anti-Discrimination Act 1977 (NSW)
(3) Correspondence to Rev Fred Nile MLC 28/10/02 from NSW Attorney General
(4) AAP, 27/02/03 NSW: Greens to introduce new anti-discrimination laws
(5) The Christian Institute, Media Release 24/01/03 New equality laws ‘substantially’ restrict religious liberty
(6) Correspondence to Dr Peter Barnes 13/02/03 from Queensland Attorney General
Prepared by Jeff Sorrell – CDP Parliamentary Legislative Advisor