AHISA SUBMISSION

Attorney-General of Australia

2 October 2019

Religious Discrimination Bill 2019 – Consultation on first exposure draft 

AHISA’s submission focuses on ambiguity in aspects of the Bill that would create uncertainty for independent schools in terms of policy and practice and which, by the nature of their uncertainty, could lead to expensive litigation and court interpretation of what is considered religious practice. 

AHISA’s submission contains three recommendations:
• That there be greater consistency in terminology across federal anti-discrimination laws to avoid uncertainty around potential differences in intent of the laws and their application, and therefore uncertainty as to the freedom of religious bodies to maintain and express their religious ethos
• That the exposure Bill be amended to exempt all non-government schools from the presumption in Part 2, Section 8 of the exposure Bill (relating to provisions for organisations with revenue of $50 million and over), irrespective of the school’s size or turnover
• That the definition of ‘statement of belief’ in Part 1, Section 5 of the exposure Bill be amended to apply only to a belief that ‘is in accordance with the doctrines, tenets, beliefs or teachings’ of the religion of the person expressing the statement.

Submission on first exposure draft of the Religious Discrimination Bill 2019