Religious Educational Institutions Inquiry

How should the law balance freedom of religion with protections against discrimination in religious schools?

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Consultation Team

The Australian Law Reform Commission (ALRC) has released a consultation paper proposing changes to how anti-discrimination laws apply to religious schools and other faith-based education providers.

The goal is to better protect students and staff from discrimination while still allowing religious schools to maintain their values.

What’s Being Proposed?

The ALRC is suggesting 14 changes based on four key ideas. If these changes go ahead, they would:

  1. Stop discrimination against students in religious schools based on things like sexual orientation, gender identity, relationship status, or pregnancy.
  2. Protect teachers and school staff from similar discrimination.
  3. Allow religious schools to:
  4. Prefer to hire staff who share their religious beliefs if religion is part of the job.
  5. Ask all staff to respect the school’s religious values.

These changes would bring federal law more in line with what already exists in most Australian states and territories.

Why Is This Happening?

In November 2022, the Attorney-General asked the ALRC to review the current laws and suggest changes that meet both the government’s promises and Australia’s international obligations.

Currently, religious schools are allowed to discriminate against students and staff in ways that would normally be unlawful in other settings. These proposals aim to remove those exceptions — but still allow for religious practices and leadership roles to be protected.

Have Your Say

The ALRC wants feedback on these proposals. You can share your views until 24 February 2023. Final recommendations will go to the Attorney-General by 21 April 2023.

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Abbie Aleksahkin

Abbie Aleksahkin

How will these proposed changes affect the ability of religious schools to teach and uphold their beliefs while still following anti-discrimination laws?

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How will these proposed changes affect the ability of religious schools to teach and uphold their beliefs while still following anti-discrimination laws?

Answered by Mathew Harvey on May 13, 2025

Thank you for your question, Abbie.

The proposed changes aim to balance the rights of students and staff with the ability of religious schools to maintain their values. Under these recommendations, religious schools would not be able to discriminate against students or staff based on attributes like sexual orientation, gender identity, or relationship status. However, schools would still be allowed to prefer hiring staff who share their religious beliefs if those beliefs are relevant to the role, and to require all staff to respect the school’s religious ethos.

This means religious schools can continue to teach and uphold their beliefs, but they must do so within a framework that respects the rights of all students and staff. The changes are designed to ensure that religious schools remain places where their values are practiced, while also protecting individuals from discrimination.

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Documents


  • Media Release

    PDF

    189 KB

Key Links


Key Dates


  • Consultation Open

    Consultation Paper Released to public

  • Final Recommendations

    Provide its final recommendations to the Attorney-General

Project Consultation Team

Meet our consultation team. They are here to help you with any questions you may have about this project. Feel free to reach out to them via email.

  • Daniel Johnson

    Community Manager

  • Dezi Kropp

    Engagement Coordinator

  • Hayley Smith

    Project Manager

  • Paula O'Brian

    Project Manager