Chapter 3 – Domestic legal framework 33 Chapter 4 – Manifestation and religious belief 46 Provision of and services 46 Charities and faith-based organisations 48 Employment in religious schools 54 Enrolment of students in religious schools 62 Religious and education 68 Solemnisation of marriages and use of places of worship 74 Indigenous belief and spirituality 81 Chapter 5 – Vilification, blasphemy and social hostility 82 Vilification 82 Blasphemy 84 Social hostility 88 Chapter 6 – Discrimination 89 Chapter 7 – Data, dialogue and education 95 The experience of religious freedom 95 Poor literacy concerning human rights and religion 99 Religious Freedom Commissioner 100 Chapter 8 – Findings and conclusions 102 Appendix A – Submissions and consultations 107 Appendix B – List of stakeholders involved in consultations 121 Appendix C – Overview of applicable laws in Australian jurisdictions 126 Abbreviations and acronyms 133 Terms of Reference Religious Freedom Review Objective The Panel shall examine and report on whether Australian law (Commonwealth, State and Territory) adequately protects the human right to freedom of religion. Scope In undertaking this Review, the Panel should: consider the intersections between the enjoyment of the freedom of religion and other human rights
Recommendation 12 The Commonwealth should progress legislative amendments to make it clear that religious schools are not required to make available their facilities, or to provide goods or services, for any marriage, provided that the refusal: conforms to the doctrines, tenets or beliefs of the religion of the body, or is necessary to avoid injury to the religious of adherents of that religion. Indigenous belief and spirituality The Panel is conscious that Indigenous belief and spirituality represent an important aspect of religious practice in Australia and would have liked to receive more information about the Indigenous experience of religious freedom. However, only a very small number of submissions addressed these issues. The Panel sought to consult with Indigenous stakeholders but this could not occur during the timeframe for the Review. To the extent the issue was raised, the Panel heard that: special protections are needed for Indigenous Australians’ spirituality and culture many Indigenous Australians successfully combine Indigenous spirituality and cultural practices with adherence to faiths such as Christianity it is vital to protect Indigenous Australians’ right to manifest traditional practices while still protecting those Indigenous people of faith who choose to follow other religious convictions Indigenous religion is fundamentally different from other religions in Australia and the law fails to adequately accommodate these differences, particularly in requiring public evidence of religious belief that is traditionally held in secret or by requiring non-Indigenous authentication of Indigenous beliefs. In a paper prepared for the Australian Institute of Aboriginal and Torres Strait Islander Studies in 2016, titled Freedom of Religion, Belief, and Indigenous Spirituality, Practice and Cultural Rights, Katja Mikhailovich and Alexandra Pavli argued that, while much is known about traditional beliefs of Aboriginal and Torres Strait Islander peoples, ‘more information is required to gain a broader picture of contemporary religious and spiritual beliefs’. The authors also recommend that further consultations should take place with Indigenous people across Australia to determine more fully their concerns relating to freedom of religious belief. The Panel did not consider that it had either the appropriate membership or expertise to explore this issue further, nor the time to give the issue due
Appendix B – List of stakeholders involved in consultations Organisations A Progressive Christian Voice in Australia ACON ADRA (Adventist Development and Relief Agency) Australia Affinity Intercultural Foundation Amnesty International Anglican Diocese of Anglican Diocese of Tasmania The Anglican Schools Corporation Anglicare Anti-Discrimination Board of New South Wales Atheist Foundation of Australia Attorney-General of Australia Attorney-General’s Department (Commonwealth) Australian Baha’i Community Australian Capital Territory Humanist Society Australian Capital Territory Human Rights Commission Australian Capital Territory Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) Ministerial Advisory Council Australian Catholic Bishops Conference Australian Catholics for Equality & Rainbow Catholics InterAgency for Ministry Australian Centre for Christianity and Culture Australian Charities and Commission Legislation Review Australian Christian Australian Council of Hindu Clergy Australian Federation of Islamic Councils Australian Greens Australian Rights Commission Australian Jewish Association Australian Labor Party (Shadow Attorney-General and federal parliamentarians) Australian Marriage Equality Australian Marriage Forum Australian National Imams Council Baha’i Community of Victoria Baptist Churches WA
Baptist Union Northern Territory Bishops from Eastern Christian Denominations Board of Imams Victoria Buddhist Council of Queensland Buddhist Council of Victoria Buddhist Council of Western Australia Castan Centre for Human Rights Law CatholicCare NSW CatholicCare NT Catholic Diocese of Perth Catholic Education Office, Diocese of Darwin Catholics for Renewal Centre for Independent Studies Church of the Flying Spaghetti Monster Australia Church of Jesus Christ of Saints in Western Australia Christian Reformed Churches of Australia Christian Schools Australia Civil Liberties Australia Coalition for Marriage (Catholic Diocese of Sydney, Anglican Diocese of Sydney, Australian Christian Lobby, Marriage Alliance) Coalition of Celebrant Associations Condell Park Bible Church Condell Park Christian School Coptic Orthodox Church Council of Australian Humanist Societies Council of Churches WA Department of Education (Commonwealth) Department of Foreign Affairs and Trade (Commonwealth) Department of Jobs and Small Business (Commonwealth) Discrimination Law Group Diversity Council Australia Drummond Street Services Ebenezer Christian College Equal Voices Equality Campaign Executive Council of Australian Jewry Fadeck Cultural Centre Family Council of Victoria Family Voice Australia Federation of Australian Buddhist Councils Federation of Ethnic Communities Councils Australia (FECCA) First Church of Christ Scientist Freedom for Faith Geneva Christian School GLHV Greek Orthodox Archdiocese of Melbourne Hindu Society of Queensland
Rainbow Families Victoria Rainbow Territory Rationalist Society of Australia Seventhday Adventist Church – Australian Union Conference Shore School Sikh Association of WA Australian Council of Churches South Australian Equal Opportunity Commission Southern Cross Baptist Church and Christian School Tasmanian Equal Opportunity Commission Tasmanians United for Marriage Equality The Salvation Army Transgender Victoria Trinity Grammar School Uniting Care Uniting Church Network (Dr Margaret Mayran) Uniting Church in WA Victorian AIDS Council Victorian Gay and Lesbian Rights Lobby Victory Life Centre WA Baha’i Community WA Office of Multicultural Interests WA Religious Society of Friends (Quakers) Watchtower Bible and Tract Society Wesley Mission Western Australian Equal Opportunity Commission William Wilberforce Foundation YouthCARE Academics and individuals Dr Renae Barker Associate Professor Luke Beck Professor Iain Benson Professor Gary Bouma Mr Morgan Carpenter Mr David Coleman MP Professor Greg Craven AO Dr Alex Deagon Ms Martine Delaney Professor Carolyn Joshua Forrester Associate Professor Neil Foster Associate Adjunct Professor Mark Fowler Jessica Giles Dr Joel Harrison Reverend Jo Inkpin Reverend Peter Kurti Pastor Campbell Markham Professor Kerryn Phelps AM Archbishop Julian Porteous DD Michael Quinlan
Profession, trade, occupation or calling Race Record of person’s sex being altered Relationship status Religious conviction Sex Sexuality Subjection to domestic or family violence Penalties (Recovery) Act Association with a person who has an, or is believed to have an, attribute Religious activity Irrelevant criminal record Irrelevant medical record Association with a person who has or is believed to have any of these attributes An expunged homosexual conviction Personal association with a person identified by reference to any of the above attributes Table C3 sets out which jurisdictions protect certain attributes by area of activity. C3: Protected attributes by area of activity Area of activity Religion, religious conviction, belief or activity Political opinion, belief or conviction Age Race Disability or impairment Sex Sexuality or sexual orientation Gender identity and history Intersex status Relationship, marital, family or carer status or responsibility Work Commonwealth ACT NT QLD SA# TAS VIC WA Commonwealth ACT NT QLD TAS VIC WA Commonwealth ACT NSW NT QLD SA TAS VIC WA Commonwealth ACT NSW NT QLD SA TAS VIC WA Commonwealth ACT NSW NT QLD SA TAS VIC WA Commonwealth ACT NSW NT QLD SA TAS VIC WA Commonwealth ACT NSW^ NT QLD SA TAS VIC WA Commonwealth ACT NSW* QLD SA TAS VIC WA Commonwealth ACT TAS Commonwealth ACT NSW NT QLD SA TAS VIC WA Education ACT NT QLD SA# TAS VIC WA ACT NT QLD TAS VIC WA Commonwealth ACT NSW NT QLD SA TAS VIC WA ACT NSW NT QLD SA TAS VIC WA Commonwealth ACT NSW NT QLD SA TAS VIC WA Commonwealth ACT NSW NT QLD SA TAS VIC WA Commonwealth ACT NSW^ NT QLD SA TAS VIC WA Commonwealth ACT NSW* QLD SA TAS VIC WA Commonwealth ACT TAS Commonwealth ACT NSW NT QLD SA TAS VIC WA Goods, services and facilities ACT NT QLD TAS VIC WA ACT NT QLD TAS VIC WA Commonwealth ACT NSW NT QLD SA Commonwealth ACT NSW NT QLD SA Commonwealth ACT NSW NT QLD SA Commonwealth ACT NSW NT QLD SA Commonwealth ACT NSW^ NT QLD SA Commonwealth ACT NSW* QLD SA TAS Commonwealth ACT TAS Commonwealth ACT NSW NT QLD SA
TAS VIC WA TAS VIC WA TAS VIC WA TAS VIC WA TAS VIC WA VIC WA TAS VIC WA Accommodation ACT NT QLD TAS VIC WA ACT NT QLD TAS VIC WA Commonwealth ACT NSW NT QLD SA TAS VIC WA Commonwealth ACT NSW NT QLD SA TAS VIC WA Commonwealth ACT NSW NT QLD SA TAS VIC WA Commonwealth ACT NSW NT QLD SA TAS VIC WA Commonwealth ACT NSW^ NT QLD SA TAS VIC WA Commonwealth ACT NSW* QLD SA TAS VIC WA Commonwealth ACT TAS Commonwealth ACT NSW NT QLD SA TAS VIC WA and associations ACT NT QLD TAS VIC WA ACT NT QLD TAS VIC WA ACT NSW NT QLD SA TAS VIC WA ACT NSW NT QLD SA TAS VIC WA Commonwealth ACT NSW NT QLD SA TAS VIC WA Commonwealth ACT NSW NT QLD SA TAS VIC WA Commonwealth ACT NSW^ NT QLD SA TAS VIC WA Commonwealth ACT NSW* QLD SA TAS VIC WA Commonwealth ACT TAS Commonwealth ACT NSW NT QLD SA TAS VIC WA Requests for information ACT WA ACT WA Commonwealth ACT WA ACT WA Commonwealth ACT WA Commonwealth ACT WA Commonwealth ACT WA Commonwealth ACT WA Commonwealth ACT Commonwealth ACT WA Superannuation and insurance NT QLD NT QLD NT QLD WA NT QLD NT QLD SA WA NT QLD NT QLD QLD WA NT QLD Access to premises ACT ACT Commonwealth ACT WA Commonwealth ACT WA Commonwealth ACT WA ACT WA ACT WA ACT WA ACT ACT WA Disposal and sale of land QLD VIC QLD VIC Commonwealth QLD SA VIC WA Commonwealth QLD SA VIC WA Commonwealth QLD SA VIC Commonwealth QLD SA VIC WA Commonwealth QLD SA VIC WA Commonwealth QLD SA VIC WA Commonwealth Commonwealth QLD SA VIC WA Administration of laws and programs QLD TAS QLD TAS Commonwealth QLD TAS Commonwealth QLD TAS Commonwealth QLD TAS Commonwealth QLD TAS Commonwealth QLD TAS Commonwealth QLD TAS Commonwealth TAS Commonwealth QLD TAS VIC VIC VIC WA VIC Commonwealth VIC WA VIC VIC VIC WA VIC * Only on the ground of transgender status. ^ Only on the ground of homosexuality. # Only on the ground of religious appearance or dress.
General exemptions for religious bodies where the act or practice is necessary to avoid injury to religious sensibilities of adherents, etc. ACT NT QLD^ TAS VIC WA ACT NT QLD^ Commonwealth ACT NSW NT QLD^ WA ACT NSW NT QLD^ WA ACT NSW NT QLD^ WA Commonwealth* ACT NSW NT QLD^ SA VIC WA Commonwealth* ACT NSW NT QLD^ SA VIC WA Commonwealth* ACT NSW QLD^ SA VIC WA ACT Commonwealth* ACT NSW NT QLD^ SA VIC WA Exemptions for personal religious beliefs VIC VIC VIC VIC VIC * exemptions do not apply to accommodation, acts or practices in connection with the provision of Commonwealth-funded aged care by the body. ^ These general exemptions do not apply in the work or education related areas. # This exemption entails it is not unlawful for an educational authority administered according to the precepts of a religion to discriminate against a student because the student wishes to dress according to a manner required by a different religion. † This exemption does not apply to students already enrolled in the educational institution.