In 2012 the Gillard Government sought to consolidate the four existing pieces of Federal anti-discrimination legislation into a single act with the Human Rights and Anti-Discrimination Bill 2012. The consolidated Act would replace the fragmented and particularistic exceptions to unlawful discrimination for religious organisations that currently exist in the Sex Discrimination Act, Disability Discrimination Act and Age Discrimination Act with a single, more general, although very wide, exception.

Under clause 32 of the Bill, when connected to the internal running of the organisation, such as 'teaching, sacramental and liturgical roles', discrimination is permitted on the basis of:

  1. age;
  2. breastfeeding;
  3. family responsibilities;
  4. gender identity;
  5. marital or relationship status;
  6. potential pregnancy;
  7. pregnancy;
  8. religion;
  9. sex;
  10. sexual orientation.

Furthermore, under clause 33 of the Bill, discrimination is not unlawful on the basis of (d) – (h) and (j) by religious bodies and by denominational education institutions when connected with employment or the 'provision of education or training'. In this instance, discrimination will not be unlawful if the 'discrimination consists of conduct, engaged in in good faith, and:

  1. conforms to the doctrines, tenets or beliefs of that religion; or
  2. is necessary to avoid injury to the religious sensitivities of adherents to that religion

Under the Bill, it is proposed that the exemption for religious organisations does not extend to discrimination connected with the provision of Commonwealth-funded aged care services, also the subject of a Greens-sponsored Senate Bill.

In 2010 the United Kingdom passed the Equality Act, which consolidated nine pieces of anti-discrimination legislation and approximately 100 statutory instruments. Under the UK Act, organised religions are permitted to discriminate in relation to the employment of ministers of religion and a small number of lay posts as well as the provision of goods and services only on the basis of 'religion or belief or sexual orientation'. Like Australia's Bill, the discrimination must be shown to be required;

  1. because it is necessary to comply with the doctrine of the organisation, or
  2. to avoid conflict with strongly held convictions...

In Australia the consolidation process has currently been put on hold. However, debates around the complex issue of striking an appropriate balance between religious freedom and principles of equality and non-discrimination will no doubt continue.

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