Earlier this year, the Australian Law Reform Commission (“ALRC”) sought submissions on the Federal Government’s proposals to change the way Commonwealth anti-discrimination law applies to religious schools and other educational institutions. The Consultation Paper set out some general propositions which, if adopted, would: make discrimination against students on the grounds of sexual orientation, gender identity, marital or relationship status or pregnancy in schools and other religious educational institutions unlawful, by removing exceptions currently available under federal law;
protect teachers and other school staff from discrimination on the grounds of sex, sexual orientation, gender identity, marital or relationship status, or pregnancy, by removing similar exceptions;
allow religious schools to maintain their religious character by permitting them to: give preference to prospective staff on religious grounds where the teaching, observance or practice of religion is a part of their role (and it is not discriminatory on other grounds); […]
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