Attempt to balance religious freedom with equality is an improvement says Commission

27/09/2009

Government changes to the religious exemptions to the Equal Opportunity Act were a positive step in promoting an improved balance between religious freedom and non-discrimination.

Commission Chief Executive Officer, Dr Helen Szoke said the changes represented a significant step to balance concerns about freedom of religion and the need to temper the blanket exemptions to equal opportunity laws that religious organisations currently have.

Dr Szoke said she was pleased the government had toughened the law to ensure religious bodies had to demonstrate how employing someone of a particular religion is an ‘inherent requirement’ of the job.

“Religious schools or religious charities, for example, will have to show how belonging to a particular religion is relevant to the job they are trying to fill. In the case of religious education teachers or chaplains, this will be clear. However, in the case of office staff or the maths teacher, it will need to be made explicit how religion is relevant to the job.

“This does not mean that religious organisations can’t employ whoever they want – but it means they have to show why it is necessary to discriminate against people based on their religion,” she said.

In relation to other areas of public life covered by the Equal Opportunity Act such as the provision of goods and services, accommodation and education, religious groups will now be subject to the same laws as everyone else when it comes to discrimination on the basis of some personal characteristics.

“We welcome the government’s clear statement that it is now against the law for religious bodies to discriminate on the basis of age, race, disability, physical features, political beliefs and breastfeeding,” Dr Szoke said.

“This begins to bring religious bodies in line with the responsibilities that the rest of the community have, which is not to discriminate against people in areas of public life, "This does bring us closer to ensuring fairness and equality for all Victorians."

Background to exceptions and exemptions

Under the Equal Opportunity Act, there are exceptions and exemptions which allow discrimination to occur in certain specific circumstances.

Exceptions exist to enable a balance to be struck between the objectives of the Act - to promote equal opportunity and prevent discrimination - and the detriment an organisation may suffer if it followed the Act to the letter.

The exceptions and exemptions do not automatically apply and do not prevent someone from making a complaint – a person against whom an allegation of discrimination has been made, must show that the exception applies.

In August 2007, the Attorney-General, Hon Rob Hulls, announced a review of the Equal Opportunity Act 1995 (Vic) (EOA) to investigate how best to eliminate discrimination and promote equal opportunity through reforms to modernise Victoria’s equal opportunity laws.

An independent review was conducted by Julian Gardner. The Commission provided two submissions to this review. A final report and recommendations for reform of the EOA, An Equality Act for A Fairer Victoria, was submitted to the Attorney-General at the end of June 2008.

The Victorian Parliament’s Scrutiny of Acts and Regulations Committee (SARC) is currently conducting a separate review of the exceptions and exemptions contained in the EOA. The Commission has provided submissions to the SARC review.

Dr Helen Szoke is available for interview.

Media contact: Janeen Lynch 0419 33 77 34