Under anti-discrimination legislation it is lawful to refuse enrolment to students (that is, to discriminate against students) on the basis of their religion.

Once a student is enrolled at a school, it is no longer lawful to discriminate against them on the basis of their religion. It is also unlawful in many circumstances to discriminate against them indirectly by requiring them to do something which is prohibited under their religion. This can raise problems, especially where the child becomes more orthodox in their religion or converts to a new religion as they mature and make decisions for themselves.

Schools can lessen the chances of a claim being made under anti-discrimination legislation by taking certain steps in their enrolment process and by including useful provisions in policies within the school that regulates religious observance, dress code and dietary facilities.

Day schools run by religious organisations should concentrate on religious observance and dress code. Boarding schools should consider the broader range of facilities available to their students.

There are some simple steps that can be taken to include this protection in a school's enrolment routine and to save wasting time in the future on distracting and damaging claims of discrimination. We have considerable experience in this matter and would be happy to review your school's enrolment policies and procedures to ensure that they don't fall afoul of anti-discrimination legislation.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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