The report, by the Senate Standing Committee on Legal and Constitutional Affairs, on
Legislative exemptions that allow faith-based educational institutions to discriminate against students, teachers and staff, features the following recommendations
R 1 The committee recommends that the government reject recommendations 5 and 7 of the Religious Freedom Review, which permit faith‑based educational institutions to single out certain groups for discrimination on the basis of sexual orientation, gender identity or relationship status, in particular circumstances.
R 2 The committee recommends that the government immediately release to the public the full report and findings of the Religious Freedom Review.
R 3 The committee recommends the Australian Government amend section 37 and remove subsection 38(3) of the Sex Discrimination Act 1984, and amend any other relevant legislative provisions, to prohibit discrimination against students on the grounds of the protected attributes in the Act.
R 4 The committee recommends that further consideration be given to amending the Sex Discrimination Act 1984, and any other relevant legislation, to prohibit discrimination by faith‑based educational institutions against teachers and staff on the grounds of the protected attributes in the Act. In so doing, consideration should be given to the relevant provisions of the Anti‑Discrimination Act 1998 (Tas) discussed in this report.
R 5 The committee recommends that consideration be given to inserting in law a positive affirmation and protection of religious freedom in Australia that is appropriately balanced with other rights.
