08 Feb Clause 12 of Religious Discrimination Bill 2021 given go ahead by Senate Committee

The senate standing committee (“the Committee”) has handed down its inquiry report into the Religious Discrimination Bill 2021 (“the Bill”), with members of the Committee mostly approving the legislation. 

The Billaims to ensure protection from discrimination on the basis of religious belief or activity (similar to protections from discrimination on the basis of age, sex, race and disability). However, certain provisions of the Bill have been controversial, raising concerns across industry groups, religious institutions and the legal profession.

In particular, clause 12 of the Bill, which deals with “Statements of Belief”, has been particularly controversial in that this clause would permit religious schools to discriminate against teachers and students on the ground of their religious belief. 

Clause 12(1) of the Bill makes it clear that statements of belief, in and of themselves, do not constitute discrimination for the purpose of specific anti-discrimination legislation, such as the Anti-Discrimination Act 1991 (Qld) or the Racial Discrimination Act 2004.

However, clause 12(2) makes it clear that a statement of belief will not meet the protections of clause 12(1) if the statement of belief:

• is malicious;

• is one that a reasonable person would consider would threaten, intimidate, harass or vilify a person or group; or

• is covered by paragraph 35(1)(b) which states, “(1) Divisions 2 and 3 do not make it unlawful to discriminate against a person on the ground of the person’s religious belief or activity if… (b)  a reasonable person, having regard to all the circumstances, would conclude that, in expressing the belief, the person is counselling, promoting, encouraging or urging conduct that would constitute a serious offence”.

The Committee considered that “the limitations placed on clause 12 (and other provisions of the Bill) provide the space necessary for people of religious faith to practice their faith while also protecting social cohesion and the fundamental rights of others.”

We will keep you updated on the progress of this Bill.