An opportunity for schools to respond to the Ruddock Report

The Morrison Government has asked the Australian Law Reform Commission to consider some of the recommendations made by the Review of Religious Freedom, commonly known as the Ruddock Report. The ALRC’s main responsibility will be to undertake a review of the framework of religious exemptions in anti-discrimination legislation across Australia. Schools, especially religious schools, will be greatly affected by the changes proposed in the Ruddock Report.

The Ruddock Report

In December 2018, the Federal Government publically released the Ruddock Report. The expert panel led by the Hon. Philip Ruddock had been tasked with examining and reporting on whether Australian law (both federal and state and territory) adequately protects the human right to freedom of religion. The Ruddock Report made a number of key recommendations.

The Federal Government determined that fourteen of those recommendations should be implemented “as soon as practicable”. One recommendation is to be implemented following consultation with other political parties. There are five remaining recommendations. The Federal Government has asked the Attorney General to give further consultation and legal consideration to these five recommendations, which are especially relevant to religious schools.

Recommendation 1 Those jurisdictions that retain exceptions or exemptions in their anti-discrimination laws for religious bodies with respect to race, disability, pregnancy or intersex status should review them, having regard to community expectations.

Recommendation 5 The Commonwealth should amend the Sex Discrimination Act 1984 to provide that religious schools can discriminate in relation to the employment of staff, and the engagement of contractors, on the basis of sexual orientation, gender identity or relationship status provided that: (a) the discrimination is founded in the precepts of the religion (b) the school has a publicly available policy outlining its position in relation to the matter and explaining how the policy will be enforced, and (c) the school provides a copy of the policy in writing to employees and contractors and prospective employees and contractors.

Recommendation 6 Jurisdictions should abolish any exceptions to anti-discrimination laws that provide for discrimination by religious schools in employment on the basis of race, disability, pregnancy or intersex status. Further, jurisdictions should ensure that any exceptions for religious schools do not permit discrimination against an existing employee solely on the basis that the employee has entered into a marriage.

Recommendation 7 The Commonwealth should amend the Sex Discrimination Act to provide that religious schools may discriminate in relation to students on the basis of sexual orientation, gender identity or relationship status provided that: (a) the discrimination is founded in the precepts of the religion (b) the school has a publicly available policy outlining its position in relation to the matter (c) the school provides a copy of the policy in writing to prospective students and their parents at the time of enrolment and to existing students and their parents at any time the policy is updated, and (d) the school has regard to the best interests of the child as the primary consideration in its conduct.

Recommendation 8 Jurisdictions should abolish any exceptions to anti-discrimination laws that provide for discrimination by religious schools with respect to students on the basis of race, disability, pregnancy or intersex status.

The role of the ALRC is to consider “what drafting options may be available that would achieve the twin purposes of limiting or removing altogether (if practicable) legislative exemptions to discrimination based on a person’s identity while also protecting the right of religious institutions to reasonably conduct their affairs in a way consistent with their religious ethos.” To do this, it will seek input from a variety of stakeholders.What next?

The ALRC has been asked to consult State and Territory governments, religious institutions, the education sector and other civil society representatives and produce consultation documents that will allow those institutions to respond. The ALRC is to report to the Federal Government with its findings by 10 April 2020.

In the meantime, it is expected that the ALRC will release a discussion paper in September 2019 which will set out proposed reforms. Submissions on the Discussion Paper will be due by 15 October 2019.

Please feel free to contact q%97%D8%D8%E2%88%91%A5%D1%DE%DAp if you would like any updates or if you have any questions about how your school can be preparing for these potential changes. David would also be pleased to help you make submissions once the Discussion Paper has been released.