Page 4888 - Week 13 - Tuesday, 27 November 2018
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policy on these issues. However, the limited exceptions will not apply to discrimination that relates to other protected attributes such as a person’s sexuality, relationship status, pregnancy, race, disability or any other attribute protected in the Discrimination Act.
I am satisfied that the bill will not affect the ability of religious schools to teach the tenets of their faith even where these tenets might relate to protected attributes—for example, the belief that a marriage is between a man and a woman. We have added a specific discussion in the explanatory statement about how the amendments are intended to operate together with section 8(4) of the Discrimination Act, which provides that a condition or requirement will not amount to indirect discrimination if it is reasonable in the circumstances.
I did listen to Mr Coe’s remarks and there has been some discussion with Mr Coe’s office on this since he emailed me yesterday. I will shortly table a revised explanatory statement. I provided the text of that to Mr Coe yesterday. This concern had been raised with the government prior to Mr Coe getting in touch with me yesterday. JACS had already looked at this and provided advice to the Chief Minister and me. And we had already formed the view that this was an appropriate way to respond.
We do believe that the reference in section 8(4) addresses the concern that Mr Coe has raised. Adding that to the explanatory statement, I think, simply further enforces that in that we know that down the line if there is a matter of legal interpretation the supporting material will be used to assist that interpretation. I believe the additional paragraph in the explanatory statement pointing to that fact clearly conveys the intent of the legislation.
Religious educational institutions may rely on the provision in section 8(4) in relation to the teaching of tenets and beliefs of their faith and to impose conditions and requirements on students regarding their participation in religious education, including religious study, observance and practices, provided that these requirements are reasonable in the circumstances. The existence of a policy which sets out the requirements of the school regarding participation in religious education and which is made available to prospective students and families prior to their enrolment would be a relevant factor in considering whether a requirement or condition is reasonable in the circumstances.
I acknowledge that this bill does not consider or address the effect of all the exceptions under the act. That is a larger task and will require more detailed consideration and further consultation. The Justice and Community Safety Directorate will consider further related issues and other outstanding recommendations from the LRAC review in 2019.
For the immediate future, this bill represents an effective, measured and appropriately tailored response to concerns raised in relation to the broad scope of the exception currently provided for religious educational institutions. It seeks to balance the right to freedom from discrimination and a range of other important factors under our Human Rights Act with the right to religious freedom, and I think that the provisions have struck that balance effectively. The bill will improve the protection of human rights to
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