Chapter 1 - Introduction
[1]
Journals of the Senate [Proof], No. 127, 13 November 2018, p.
4077.
[2]
Department of the Prime Minister and Cabinet, 'Religious Freedom
Review', https://www.pmc.
gov.au/domestic-policy/religious-freedom-review (accessed
14 November 2018).
[3]
Department of the Prime Minister and Cabinet, Religious Freedom
Review Terms of Reference, 14 December 2017, https://www.pmc.gov.au/resource-centre/domestic-policy/religious-freedom-review-terms-reference
(accessed 14 November 2018).
[4]
Department of the Prime Minister and Cabinet, Religious Freedom
Review – Submissions, https://www.pmc.gov.au/domestic-policy/religious-freedom-review/review-submissions
(accessed 14 November 2018).
[5]
Department of the Prime Minister and Cabinet, 'Statement from the
Panel', https://www.pmc.gov.au/news-centre/domestic-policy/statement-panel (accessed
14 November 2018).
[6]
Mr Andrew Walter, First Assistant Secretary, Integrity and Security
Division, Attorney‑General's Department, Committee Hansard, Senate
Legal and Constitutional Affairs Legislation Committee, 23 October 2018, p.
104.
[7]
Matthew Doran, 'Religious freedom panel recommends formalising ability
for religious schools to turn away gay students', ABC News, 10 October
2018, https://www.abc.net.au/news/2018-10-10/religious-freedom-panel-recommendation-on-religious-schools/10358790
(accessed 15 November 2018).
[8]
Jewel Topsfield, 'Religious freedom review enshrines right of schools to
turn away gay children and teachers', The Sydney Morning Herald,
9 October 2018, https://www.smh.com.au/politics/federal/religious-freedom-review-enshrines-right-of-schools-to-turn-away-gay-children-and-teachers-20181009-p508o7.html
(accessed 15 November 2018).
[9]
'Read the full 20 recommendations from the religious freedom review', Fairfax
Media, 12 October 2018, https://www.smh.com.au/politics/federal/read-the-full-20-recommendations-from-the-religious-freedom-review-20181011-p50918.html
(accessed 14 November 2018).
[10]
'Read the full 20 recommendations from the religious freedom review', Fairfax
Media, 12 October 2018, https://www.smh.com.au/politics/federal/read-the-full-20-recommendations-from-the-religious-freedom-review-20181011-p50918.html
(accessed 14 November 2018).
[11]
See, for example, Mr Peter Black, Queensland Director, Equality Campaign, Committee
Hansard, 19 November 2018, p. 3; Mr Jonathon Hunyor, Chief
Executive Officer, Public Interest Advocacy Centre, Committee Hansard,
19 November 2018, p. 53.
[12]
Paul Karp, 'Labor offers support if Morrison acts to stop schools from
expelling gay students' Guardian Australia, 12 October 2018, https://www.theguardian.com/australia-news/2018/oct/12/labor-offers-support-if-morrison-acts-to-stop-schools-from-expelling-gay-students
(accessed 14 November 2018).
[13]
The Hon Scott Morrison, MP, Prime Minister, ' Media Release', Media
Release, 13 October 2018, https://www.pm.gov.au/media/media-statement
(accessed 14 November 2018).
[14]
The Hon Scott Morrison, MP, Prime Minister, ' Media Release', Media
Release, 13 October 2018, https://www.pm.gov.au/media/media-statement
(accessed 14 November 2018).
[15]
Paul Osborne, 'Gay student laws debate delayed, The Australian, 25
October 2018.
[16]
Explanatory Memorandum, Discrimination Free Schools Bill 2018, p.
1.
[17]
Anglican Church Diocese of Sydney, 'Open Letter to All Members of
Parliament of Australia', 25 October 2018.
[18]
Name Withheld, Submission 128, p. 1.
[19]
'Third Anglican school backtracks over letter about gay teachers and
students', SBS News, 8 November 2018, https://www.sbs.com.au/news/third-anglican-school-backtracks-over-letter-about-gay-teachers-and-students
(accessed 14 November 2018).
[20]
'Third Anglican school backtracks over letter about gay teachers and
students', SBS News, 8 November 2018, https://www.sbs.com.au/news/third-anglican-school-backtracks-over-letter-about-gay-teachers-and-students
(accessed 14 November 2018).
[21]
Ms Robin Banks, Committee Hansard, 19 November 2018, p. 59.
[22]
Australian Constitution, s. 116.
[23]
Professor George Williams AO, Submission to the Religious Freedoms
Review, 14 December 2017, p. 1.
[24]
Attorney-General's Department, Submission 67, p. 1.
[25]
Senator the Hon. Susan Ryan, Minister for Education and Youth Affairs, Senate
Hansard, 2 June 1983, 1185.
[26]
Sex Discrimination Amendment (Sexual Orientation, Gender Identity and
Intersex Status) Bill 2013, Explanatory Memorandum, p. 4.
[27]
Sex Discrimination Amendment (Sexual Orientation, Gender Identity and
Intersex Status) Bill 2013, Supplementary Explanatory Memorandum, p. 4.
[28]
Sex Discrimination Amendment (Sexual Orientation, Gender Identity and
Intersex Status) Bill 2013, Supplementary Explanatory Memorandum, p. 4.
[29]
Attorney-General's Department, Submission 67, p. 1.
[30]
Attorney-General's Department, Submission 67, p. 2.
[31]
Sex Discrimination Act 1984, s. 5A.
[32]
Sex Discrimination Act 1984, s. 5B.
[33]
Sex Discrimination Act 1984, s. 5C.
[34]
Sex Discrimination Act 1984, para. 7(b).
[35]
Sex Discrimination Act 1984, ss. 21(1).
[36]
Sex Discrimination Act 1984, ss. 21(2).
[37]
Sex Discrimination Act 1984, ss. 4(1).
[38]
Sex Discrimination Act 1984, ss. 14(1).
[39]
Sex Discrimination Act 1984, ss. 14(2). This also applies to
contract workers – see s. 16.
[40]
Sex Discrimination Act 1984, ss. 38(1) and 38(3). This also applies
to contract workers – see ss. 38(2).
[41]
Sex Discrimination Act 1984, ss. 4(1).
[42]
Sex Discrimination Act 1984, para. 37(1)(d).
[43]
Attorney-General's Department, Submission 67, p. 9.
[44]
Attorney-General's Department, Submission 67, p. 8.
[45]
Law Council of Australia, Submission 88, p. 18.
[46]
Fair Work Act 2009, para. 153(2)(b).
[47]
Fair Work Act 2009, para. 195(2)(b).
[48]
Fair Work Act 2009, para. 351(2)(c).
[49]
Fair Work Act 2009, para. 772(2).
[50]
Public Interest Advocacy Centre, Submission 108, p. 5.
[51]
Public Interest Advocacy Centre, Submission 108, p. 9. Section 578
of the Fair Work Act 2009 prescribes matters that the Fair Work
Commission must take into account when performing its functions.
[52]
Lee Carnie, Senior Lawyer, Human Rights Law Centre, Committee Hansard,
19 November 2018, p. 60.
[53]
Defined at section 8.
[54]
Discrimination Act 1991 (ACT), s. 7.
[55]
Discrimination Act 1991 (ACT), ss. 10(3).
[56]
Discrimination Act 1991 (ACT), ss. 33(1).
[57]
Discrimination Act 1991 (ACT), s. 18.
[58]
Discrimination Act 1991 (ACT), ss. 33(2).
[59]
Human Rights Act 2004 (ACT), ss. 8(2).
[60]
Human Rights Act 2004 (ACT), s. 14.
[61]
Human Rights Act 2004 (ACT), s. 7.
[62]
Human Rights Act 2004 (ACT), s. 28.
[63]
Anti-Discrimination Act 1977 (NSW), s. 49ZH.
[64]
Anti-Discrimination Act 1977 (NSW), s. 49ZO.
[65]
Anti-Discrimination Act 1977 (NSW), para. 49ZH (3)(c); ss. 49ZO
(3).
[66]
Anti-Discrimination Act 1977 (NSW), s. 49ZT.
[67]
Anti-Discrimination Act 1996 (NT) ss. 19(1). Discrimination is
defined at s. 20. This probation does not apply to transgender people.
[68]
Anti-Discrimination Act 1996 (NT) ss. 30(2).
[69]
Anti-Discrimination Act 1996 (NT) s. 37A.
[70]
Northern Territory Anti-Discrimination Commission, Submission 126,
p. 3.
[71]
Anti-Discrimination Act 1991 (Qld), s. 7. The meaning of
discrimination on the basis of an attribute is defined at s. 8.
[72]
Anti-Discrimination Act 1991 (Qld), div. 3.
[73]
Anti-Discrimination Act 1991 (Qld), div. 2.
[74]
Anti-Discrimination Act 1991 (Qld), s. 41.
[75]
Anti-Discrimination Act 1991 (Qld), ss. 25(3).
[76]
Equal Opportunity Act 1984 (SA), s. 30. The criteria for
discrimination on these grounds are outlined at s. 29.
[77]
Equal Opportunity Act 1984 (SA), ss. 34(3).
[78]
Equal Opportunity Act 1984 (SA), s. 37.
[79]
Equal Opportunity Act 1984 (SA), para. 50(1)(c).
[80]
Defined at s. 14 and s. 15.
[81]
Anti-Discrimination Act 1998 (TAS), s. 16.
[82]
Anti-Discrimination Act 1998 (TAS), ss. 51(2).
[83]
Anti-Discrimination Act 1998 (TAS), s. 51A.
[84]
Equal Opportunity Act 2010 (VIC), s. 6. Section 7 of the Act
defines discrimination.
[85]
Equal Opportunity Act 2010 (VIC), s. 83.
[86]
Charter of Human Rights and Responsibilities Act 2006 (VIC), s. 8.
[87]
Charter of Human Rights and Responsibilities Act 2006 (VIC), s. 14.
[88]
Equal Opportunity Act 1984 (WA), s. 35O.
[89]
Equal Opportunity Act 1984 (WA), s. 35W.
[90]
Equal Opportunity Act 1984 (WA), ss. 73(1) and ss. 73(3). This also
applies to contract workers—see: ss. 73(2).
Chapter 2 - Key issues
[1]
Attorney-General's Department, Submission 67, p. 7.
[2]
Pursuant to Articles 2(1) and 26 of the International Covenant on
Civil and Political Rights.
[3]
Pursuant to Article 18 of the International Covenant on Civil and
Political Rights.
[4]
For example, Article 3(1) provides that in all actions concerning
children, whether undertaken by private or public social welfare institutions,
courts of law, administrative authorities or legislative bodies, the best
interests of the child shall be a primary consideration.
[5]
Australian Human Rights Commission, Submission 5, p. 2.
[6]
Australian Human Rights Commission, Submission 5, p. 2.
[7]
Lee Carnie, Senior Lawyer, Human Rights Law Centre, Committee Hansard,
19 November 2018, p. 58.
[8]
Australian Law Reform Commission, Traditional Rights and
Freedoms—Encroachments by Commonwealth Laws (ALRC Report 129), 2 March
2016.
[9]
Australian Law Reform Commission, Traditional Rights and
Freedoms—Encroachments by Commonwealth Laws (ALRC Report 129), 2 March
2016, paragraphs 2.62–2.63 (citations omitted).
[10]
Parliamentary Joint Committee on Human Rights, Guide to Human Rights,
June 2015, pp. 7–8.
[11]
Parliamentary Joint Committee on Human Rights, Guide to Human Rights,
June 2015, p. 45.
[12]
Parliamentary Joint Committee on Human Rights, Guide to Human Rights,
June 2015, p. 34.
[13]
Parliamentary Joint Committee on Human Rights, Guide to Human Rights,
June 2015, p. 8.
[14]
See, for example, Kingsford Legal Centre and Community Legal Centres NSW, Submission
68, p. 2.
[15]
Australian Human Rights Commission, Submission 5, p. 3.
[16]
Australian Human Rights Commission, Submission 5, p. 3.
[17]
Australian Lawyers for Human Rights, Submission 87, p. 7.
[18]
Australian Lawyers for Human Rights, Submission 87, p. 7.
[19]
Ms Anna Brown, Director of Legal Advocacy, Human Rights Law Centre, Committee
Hansard, 19 November 2018, p. 52. This position was also presented in other
evidence to the committee.
[20]
Victorian Gay & Lesbian Rights Lobby, Submission 89, p. 2.
[21]
Jamie Gardiner, Vice-President, Liberty Victoria, Committee Hansard,
19 November 2018, p. 3.
[22]
Jamie Gardiner, Vice-President, Liberty Victoria, Committee Hansard,
19 November 2018, p. 3.
[23]
Ms Annette Pereira, Executive Officer, Australian Association of Christian
Schools, Committee Hansard, 19 November 2018, p. 31.
[24]
See, for example, Ms Megan Mitchell, National Children's Commissioner, Australian
Human Rights Commission, Committee Hansard, 19 November 2018, p. 18.
[25]
See, for example, Mr Jonathon Hunyor, Chief Executive Officer, Public
Interest Advocacy Centre, Committee Hansard, 19 November 2018, p. 53.
[26]
See, for example, Australian Family Coalition, Submission 61, p. 3.
[27]
Ms Robin Banks, Committee Hansard, 19 November 2018, p. 58.
[28]
Jamie Gardiner, Vice-President, Liberty Victoria, Committee Hansard,
19 November 2018, p. 4.
[29]
Dr Tiffany Jones, Department of Educational Studies, Macquarie University,
Submission 11, p. 12 (emphasis omitted).
[30]
Associate Professor Luke Beck, Submission 28, p. 1.
[31]
Associate Professor Luke Beck, Submission 28, p. 2.
[32]
Dr Alex Deagon, Submission 9, p. 1.
[33]
Professor George Williams AO, Submission to the Religious Freedom
Review, 14 December 2017, p. 1.
[34]
Professor Patrick Parkinson AM, Submission 4, pp. 2–4.
[35]
Mr Mark Spencer, Executive Officer, Policy, Governance and Staff
Relations, Christian Schools Australia, Committee Hansard, 19 November
2018, pp. 31–32.
[36]
Archbishop Peter Comensoli, Delegate, Australian Catholic Bishops
Conference, Committee Hansard, 19 November 2018, p. 21.
[37]
Mr Ray Collins, Acting Executive Director, National Catholic Education
Commission, Committee Hansard, 19 November 2018, p. 22.
[38]
Mr Brad Gaynor, President, Australian Catholic Primary Principals'
Association, Committee Hansard, 19 November 2018, p. 39.
[39]
See, for example, Senator Fierravanti-Wells, Committee Hansard, 19
November 2018, p. 5.
[40]
Ms Brenda Appleton, Chair, Transgender Victoria, Committee Hansard,
19 November 2018, p. 14.
[41]
Mr James Laussen, Principal, Overnewton Anglican Community College, Committee
Hansard, 19 November 2018, p. 66.
[42]
Mr Mark Spencer, Executive Officer, Policy, Governance and Staff
Relations, Christian Schools Australia, Committee Hansard, 19 November
2018, p. 33.
[43]
Equal Voices, Submission 142, p. 4.
[44]
Independent Education Union, Submission 59, pp. 2–4; also see, Mr
Anthony Odgers, Assistant Federal Secretary, Independent Education Union of
Australia, Committee Hansard, 19 November 2018, p. 47.
[45]
Mr Anthony Odgers, Assistant Federal Secretary, Independent Education
Union of Australia, Committee Hansard, 19 November 2018, p. 46.
[46]
Mr Anthony Odgers, Assistant Federal Secretary, Independent Education
Union of Australia, Committee Hansard, 19 November 2018, pp. 49–50.
[47]
Mr Anthony Odgers, Assistant Federal Secretary, Independent Education
Union of Australia, Committee Hansard, 19 November 2018, p. 46.
[48]
Mr Anthony Odgers, Assistant Federal Secretary, Independent Education
Union of Australia, Committee Hansard, 19 November 2018, p. 48.
[49]
Mr Anthony Odgers, Assistant Federal Secretary, Independent Education
Union of Australia, Committee Hansard, 19 November 2018, p. 49.
[50]
Mr Anthony Odgers, Assistant Federal Secretary, Independent Education
Union of Australia, Committee Hansard, 19 November 2018, pp. 48–49.
[51]
Archbishop Peter Comensoli, Delegate, Australian Catholic Bishops
Conference, Committee Hansard, 19 November 2018, p. 21.
[52]
Mr Adel Salman, Islamic Schools Association of Australia, Committee
Hansard, 19 November 2018, p. 68.
[53]
Ms Annette Pereira, Executive Officer, Australian Association of Christian
Schools, Committee Hansard, 19 November 2018, p. 31.
[54]
See, for example, Mr Blair Courtney-O'Connor, Submission 12, p. 1;
Mr Bruce Burgess, Submission 86, pp. 2–3.
[55]
Ms Annette Pereira, Executive Officer, Australian Association of Christian
Schools, Committee Hansard, 19 November 2018, p. 35.
[56]
Ms Beth Blackwood, Chief Executive Officer, Association of Heads of
Independent Schools of Australia, Committee Hansard, 19 November 2018,
p. 36.
[57]
Mr Frank FitzGerald, Executive Officer, Catholic Secondary Principals
Australia, Committee Hansard, 19 November 2018, p. 37.
[58]
Mr Frank FitzGerald, Executive Officer, Catholic Secondary Principals
Australia, Committee Hansard, 19 November 2018, p. 37.
[59]
Mr Mark Spencer, Executive Officer, Policy, Governance and Staff
Relations, Christian Schools Australia, Committee Hansard, 19 November
2018, pp. 34–35.
[60]
Ms Annette Pereira, Executive Officer, Australian Association of Christian
Schools, Committee Hansard, 19 November 2018, p. 34.
[61]
Mr Adel Salman, Islamic Schools Association of Australia, Committee
Hansard, 19 November 2018, p. 68; also see, for example, Mr Mark
Spencer, Executive Officer, Policy, Governance and Staff Relations, Christian
Schools Australia, Committee Hansard, 19 November 2018, p. 33.
[62]
See, for example, Archbishop Peter Comensoli, Delegate, Australian
Catholic Bishops Conference, Committee Hansard, 19 November 2018,
p. 26; Mr Mark Spencer, Executive Officer, Policy, Governance and Staff
Relations, Christian Schools Australia, Committee Hansard, 19 November
2018, p. 33.
[63]
Archbishop Peter Comensoli, Delegate, Australian Catholic Bishops
Conference, Committee Hansard, 19 November 2018, p. 21.
[64]
Mr Mark Spencer, Executive Officer, Policy, Governance and Staff
Relations, Christian Schools Australia, Committee Hansard, 19 November
2018, p. 33.
[65]
Archbishop Peter Comensoli, Delegate, Australian Catholic Bishops
Conference, Committee Hansard, 19 November 2018, p. 27.
[66]
Archbishop Peter Comensoli, Delegate, Australian Catholic Bishops
Conference, Committee Hansard, 19 November 2018, p. 25.
[67]
Mr Frank FitzGerald, Executive Officer, Catholic Secondary Principals
Australia, Committee Hansard, 19 November 2018, p. 39.
[68]
Mr Ray Collins, Acting Executive Director, National Catholic Education
Commission, Committee Hansard, 19 November 2018, p. 26.
[69]
Mr Francis Moore, Executive Director Administration, Catholic Archdiocese
of Melbourne, Committee Hansard, 19 November 2018, p. 24.
[70]
Mr Mark Spencer, Executive Officer, Policy, Governance and Staff
Relations, Christian Schools Australia, Committee Hansard, 19 November
2018, p. 33.
[71]
See Mr Francis Moore, Executive Director Administration, Catholic
Archdiocese of Melbourne, Committee Hansard, 19 November 2018,
p. 25; Mr Mark Spencer, Executive Officer, Policy, Governance and Staff
Relations, Christian Schools Australia, Committee Hansard, 19 November
2018, p. 33.
[72]
Mr Adel Salman, Islamic Schools Association of Australia, Committee
Hansard, 19 November 2018, p. 69.
[73]
Mr Adel Salman, Islamic Schools Association of Australia, Committee
Hansard, 19 November 2018, p. 70.
[74]
See, for example, Ms Anna Brown, Director of Legal Advocacy, Human Rights
Law Centre, Committee Hansard, 19 November 2018, p. 52.
[75]
Mr Jeremy Stowe-Lindner, Principal, Bialik College, Submission 8,
p. 1.
[76]
Ms Felicity Marlowe, Executive Director, Rainbow Families Victoria, Committee
Hansard, 19 November 2018, p 7.
[77]
Mr Rodney Croome, Spokesperson, Equality Tasmania and Spokesperson,
just.equal, Committee Hansard, 19 November 2018, p. 2.
[78]
Mr Daniel Comensoli, Policy Analyst, National LGBTI Health Alliance, Committee
Hansard, 19 November 2018, p. 2; also see, for example, Ms Brenda Appleton,
Chair, Transgender Victoria, Committee Hansard, 19 November 2018, p. 10;
Dr Ashleigh Lin, National Health and Medical Research Council Career
Development Fellow and Program Head, Mental Health and Youth, Telethon Kids
Institute, Committee Hansard, 19 November 2018, p. 15.
[79]
Mr Daniel Comensoli, Policy Analyst, National LGBTI Health Alliance, Committee
Hansard, 19 November 2018, pp. 2–3.
[80]
Royal Australian & New Zealand College of Psychiatrists, Submission
106, p. 1.
[81]
See, for example, Equal Voices, Submission 142, pp. 8–9; Parents of
Gender Diverse Children, Submission 51, pp. 5–10.
[82]
Ms Brenda Appleton, Chair, Transgender Victoria, Committee Hansard,
19 November 2018, p. 10.
[83]
Name Withheld, Submission 133, p. 1.
[84]
Independent Education Union, Submission 59, p. 3.
[85]
Independent Education Union, Submission 59, p. 2.
[86]
Ms Megan Mitchell, National Children's Commissioner, Australian Human
Rights Commission, Committee Hansard, 19 November 2018, pp. 15–16.
[87]
Ms Megan Mitchell, National Children's Commissioner, Australian Human
Rights Commission, Committee Hansard, 19 November 2018, p. 16.
[88]
Australian Human Rights Commission, Submission 5, p. 2.
[89]
Mr Anthony Odgers, Assistant Federal Secretary, Independent Education
Union of Australia, Committee Hansard, 19 November 2018, p. 46.
[90]
Ms Felicity Marlowe, Executive Director, Rainbow Families Victoria, Committee
Hansard, 19 November 2018, p. 7.
[91]
Mr Benjamin Dudman, Submission 10, p. 1.
[92]
Mr Benjamin Dudman, Submission 10, p. 1.
[93]
Mr Benjamin Dudman, Submission 10, p. 1; also see, for example, Mr
Sam Watson, Committee Hansard, 19 November 2018, p. 55.
[94]
Mr Daniel Comensoli, Policy Analyst, National LGBTI Health Alliance, Committee
Hansard, 19 November 2018, p. 5.
[95]
Ms Felicity Marlowe, Executive Director, Rainbow Families Victoria, Committee
Hansard, 19 November 2018, pp. 7–8; also see, for example, Ms Karyn
Walker, Co-Founder, Parents of Gender Diverse Children, Committee Hansard,
19 November 2018, p. 9.
[96]
Mr Phillip Grutzner, Principal, Carey Grammar Baptist School, Committee
Hansard, 19 November 2018, p. 64.
[97]
See, for example, Ms Brenda Appleton, Chair, Transgender Victoria, Committee
Hansard, 19 November 2018, p. 11.
[98]
Ms Felicity Marlowe, Executive Director, Rainbow Families Victoria, Committee
Hansard, 19 November 2018, p. 11.
[99]
Rainbow Catholics InterAgency for Ministry, Submission 74, p. 2.
[100] Human Rights Law Centre, Submission
105, pp. 10–11, pp. 13–15, pp. 21–22.
[101] Lee Carnie, Senior Lawyer,
Human Rights Law Centre, Committee Hansard, 19 November 2018,
p. 53.
[102] Lee Carnie, Senior Lawyer,
Human Rights Law Centre, Committee Hansard, 19 November 2018,
p. 53.
[103] Mr Rodney Croome,
Spokesperson, Equality Tasmania and Spokesperson, just.equal, Committee
Hansard, 19 November 2018, p. 2.
[104] See, for example, Mr Phil
Browne, Submission 21; Church of the Flying Spaghetti Monster Australia,
Submission 29; Minus18 Foundation, Submission 134.
[105] Ms Felicity Marlowe, Executive
Director, Rainbow Families Victoria, Committee Hansard,
19 November 2018, p. 7.
[106] Adjunct Associate Professor
Mark Fowler, Submission 46, pp. 20–21 (citations omitted).
[107] Mr Anthony Odgers, Assistant
Federal Secretary, Independent Education Union of Australia, Committee
Hansard, 19 November 2018, p. 48.
[108] Independent Education Union
of Australia, Submission 59, p. 5.
[109] Mr Anthony Odgers, Assistant
Federal Secretary, Independent Education Union of Australia, Committee
Hansard, 19 November 2018, p. 48.
[110] Mr Anthony Odgers, Assistant
Federal Secretary, Independent Education Union of Australia, Committee
Hansard, 19 November 2018, p. 48.
[111] Mr Anthony Odgers, Assistant
Federal Secretary, Independent Education Union of Australia, Committee
Hansard, 19 November 2018, p. 49.
[112] Lee Carnie, Senior Lawyer,
Human Rights Law Centre, Committee Hansard, 19 November 2018,
p. 60.
[113] Archbishop Peter Comensoli, Delegate,
Australian Catholic Bishops Conference, Committee Hansard, 19 November
2018, p. 28.
[114] Archbishop Peter Comensoli, Delegate,
Australian Catholic Bishops Conference, Committee Hansard, 19 November
2018, p. 28.
[115] Mr Jeremy Stuparich, Public
Policy Director, Australian Catholic Bishops Conference, Committee Hansard,
19 November 2018, p. 29; Mr Ray Collins, Acting Executive Director,
National Catholic Education Commission, Committee Hansard, 19 November
2018, p. 29.
[116] Mr Adel Salman, Islamic
Schools Association of Australia, Committee Hansard,
19 November 2018, p. 68.
[117] Mr Adel Salman, Islamic
Schools Association of Australia, Committee Hansard,
19 November 2018, p. 68.
[118] Mr Adel Salman, Islamic
Schools Association of Australia, Committee Hansard,
19 November 2018, p. 70.
[119] Mr Adel Salman, Islamic
Schools Association of Australia, Committee Hansard,
19 November 2018, p. 70.
[120] See, for example, Ms Anna
Brown, Director of Legal Advocacy, Human Rights Law Centre, Committee
Hansard, 19 November 2018, p. 52.
[121] Mr Jonathon Hunyor, Chief
Executive Officer, Public Interest Advocacy Centre, Committee Hansard,
19 November 2018, p. 54.
[122] Mr Jonathon Hunyor, Chief
Executive Officer, Public Interest Advocacy Centre, Committee Hansard,
19 November 2018, p. 59; also see Ms Felicity Marlowe, Executive
Director, Rainbow Families Victoria, Committee Hansard, 19 November
2018, p. 11.
[123] Jamie Gardiner, Vice-President,
Liberty Victoria, Committee Hansard, 19 November 2018, p. 5.
[124] Mr Daniel Comensoli, Policy
Analyst, National LGBTI Health Alliance, Committee Hansard, 19 November
2018, p. 5.
[125] See, for example, Mr Rodney
Croome, Spokesperson, Equality Tasmania and Spokesperson, just.equal, Committee
Hansard, 19 November 2018, p. 1; Jamie Gardiner, Vice-President, Liberty
Victoria, Committee Hansard, 19 November 2018, p. 3; Ms Brenda
Appleton, Chair, Transgender Victoria, Committee Hansard, 19 November
2018, p. 52; Mr Jonathon Hunyor, Chief Executive Officer, Public Interest
Advocacy Centre, Committee Hansard, 19 November 2018, p. 54;
Ms Robin Banks, Committee Hansard, 19 November 2018, p. 54; Mr Sam
Watson, Committee Hansard, 19 November 2018, p. 55.
[126] Ms Robin Banks, Committee
Hansard, 19 November 2018, p. 59.
[127] Ms Robin Banks, Committee
Hansard, 19 November 2018, p. 59.
[128] Ms Robin Banks, Committee
Hansard, 19 November 2018, p. 55.
[129] Mr Rodney Croome,
Spokesperson, Equality Tasmania and Spokesperson, just.equal, Committee
Hansard, 19 November 2018, p. 1; also see, for example, Mr Anthony Odgers, Assistant
Federal Secretary, Independent Education Union of Australia, Committee
Hansard, 19 November 2018, p. 46.
[130] Mr Rodney Croome,
Spokesperson, Equality Tasmania and Spokesperson, just.equal, Committee
Hansard, 19 November 2018, p. 1.
[131] Australian Association of
Christian Schools, Submission 39, p. 4.
[132] Ms Anna Brown, Director of
Legal Advocacy, Human Rights Law Centre, Committee Hansard, 19 November
2018, pp. 52–53; also see amendments proposed by, for example, Mr Jonathon
Hunyor, Chief Executive Officer, Public Interest Advocacy Centre, Committee
Hansard, 19 November 2018, pp. 53–54.
[133] Ms Anna Brown, Director of
Legal Advocacy, Human Rights Law Centre, Committee Hansard, 19 November
2018, pp. 56–57.
[134] Ms Anna Brown, Director of
Legal Advocacy, Human Rights Law Centre, Committee Hansard, 19 November
2018, p. 52; also see, for example, Mr Anthony Odgers, Assistant Federal
Secretary, Independent Education Union of Australia, Committee Hansard,
19 November 2018, p. 48.
[135] Ms Anna Brown, Director of
Legal Advocacy, Human Rights Law Centre, Committee Hansard, 19 November
2018, p. 53.
[136] Ms Anna Brown, Director of
Legal Advocacy, Human Rights Law Centre, Committee Hansard, 19 November
2018, p. 52; also see Ms Anna Brown, Director of Legal Advocacy, and Lee Carnie,
Senior Lawyer, Human Rights Law Centre, Committee Hansard,
19 November 2018, p. 56.
[137] See, for example, Ms Robin
Banks, Committee Hansard, 19 November 2018, p. 61; Mr Jonathon
Hunyor, Chief Executive Officer, Public Interest Advocacy Centre, Committee
Hansard, 19 November 2018, p. 61; Northern Territory Anti-Discrimination
Commissioner, Submission 31, p. 2.
[138] Ms Megan Mitchell, National
Children's Commissioner, Australian Human Rights Commission, Committee
Hansard, 19 November 2018, p. 17.
[139] Mr Jonathon Hunyor, Chief
Executive Officer, Public Interest Advocacy Centre, Committee Hansard,
19 November 2018, pp. 53–54; also see some discussion about the
possible benefits of ensuring that the approach taken by faith‑based
educational institutions is clear and transparent, by for example, Mr Anthony
Odgers, Assistant Federal Secretary, Independent Education Union of Australia, Committee
Hansard, 19 November 2018, p. 47; Ms Anna Brown, Director of
Legal Advocacy, Human Rights Law Centre, Committee Hansard, 19 November
2018, p. 57.
[140] Mr Francis Moore, Executive
Director Administration, Catholic Archdiocese of Melbourne, Committee
Hansard, 19 November 2018, p. 23.
[141] Archbishop Peter Comensoli, Delegate,
Australian Catholic Bishops Conference, Committee Hansard, 19 November
2018, p. 27.
[142] Archbishop Peter Comensoli, Delegate,
Australian Catholic Bishops Conference, Committee Hansard, 19 November
2018, p. 27.
[143] Mr Mark Spencer, Executive
Officer, Policy, Governance and Staff Relations, Christian Schools Australia, Committee
Hansard, 19 November 2018, p. 36.
[144] Attorney-General's
Department, Submission 67, p. 8.
[145] See, for example, Jamie
Gardiner, Vice-President, Liberty Victoria, Committee Hansard, 19 November
2018, p. 6; Archbishop Peter Comensoli, Delegate, Australian Catholic
Bishops Conference, Committee Hansard, 19 November 2018, p. 22; Mr
Ray Collins, Acting Executive Director, National Catholic Education Commission,
Committee Hansard, 19 November 2018, p. 22.
[146] See, for example, Association
of Heads of Independent Schools of Australia, Submission 2, p. 1;
Law Council of Australia, Submission 88, p. 8.
[147] See recommendations 5 and 7
of the Review, according to leaks published by the media, 'Read the full 20
recommendations from the religious freedom review', Fairfax Media,
12 October 2018,
https://www.smh.com.au/politics/federal/read-the-full-20-recommendations-from-the-religious-freedom-review-20181011-p50918.html
(accessed 23 November 2018).
Introduction - International Covenant on Civil and Political Rights
[1] Human Rights Committee, General Comment No 22:
Article 18, 48th sess, (20 July 1993), [8].
[2]
See for example, Sister Immaculate Joseph and 80 Teaching Sisters of the
Holy Cross of the Third Order of Saint Francis in Menzingen of Sri Lanka v. Sri
Lanka, Communication No. 1249/2004, U.N. Doc. CCPR/C/85/D/1249/2004 (2005).
[3] UN General Assembly, Declaration on the
Elimination of All Forms of Intolerance and of Discrimination Based on Religion
or Belief, 25 November 1981, A/RES/36/55, Article 6.
[4]
Section 12(1) Charities Act 2013 (Cth).
[5]
For example UN Doc, A/65/207 (2010) p. 12-13, paras. 35-36; see also UN Doc,
E/CN.4/1987/35 (1986) 16, para. 51. See also Paul M Taylor, Freedom of Religion
UN and European Human Rights Law and Practice (Cambridge University Press,
2005) 248-250.
[6] UN General Assembly, Elimination of all Forms of
Religious Intolerance, 7 August 2013, A/68/290, available at: https://documents-dds-ny.un.org/doc/UNDOC/GEN/N13/421/91/PDF/N1342191.pdf?OpenElement, cited in Mark Fowler, submission 46, 8.
[7]
Human Rights and Equal Opportunity Commission, Article 18: Freedom of Religion
and Belief, (1999) 109.
[8] UN
Human Rights Committee (HRC), CCPR General Comment No. 18:
Non-discrimination, 10 November 1989, available at:
http://www.refworld.org/docid/453883fa8.html.
[9]
Australian Human Rights Commission, Submission 5, 20.
[10] UN Commission on Human Rights, The Siracusa
Principles on the Limitation and Derogation Provisions in the International
Covenant on Civil and Political Rights, 41st sess, E/CN.4/1985/4 (28
September 1984).
[11]
Institute of Civil Society, Submission 35,
11.
[12]
Ibid, 12. Mark Spencer from Christian
Schools Australia submitted similarly at Committee Hansard, 35.
[13] Op cit., 11, paragraph 11.
[14]
Dr Alex Deagon, Submission 9, 16.
[15] Manfred Nowak, CCPR Commentary, 2nd
revised edition (Kehl: N P Engel, 2006), 443.
[16]
United Nations Universal Declaration of Human
Rights, the International Covenant on Economic, Social and Cultural Rights and
the Convention on the Rights of the Child, Article 10-3.
[17] International Covenant on Economic, Social and
Cultural Rights Article 13; Convention on the Rights of the Child (1989),
opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September
1990) art 3(2).
[18] Ibid art 14(1).
[19] Ibid art 14(2). See also art 5, which contains a
general requirement for State Parties to ‘respect the responsibilities, rights
and duties of parents ... to provide ... appropriate direction and guidance in the
exercise by the child of the rights contained in the Covenant.’
[20]
Mark Fowler, Submission 46, 7.
[21]
Ibid.
[22]
Committee Hansard, 68.
[23]
Dr Alex Deagon, Submission 9, 4.
[24]
Institute of Civil Society, Submission 35,
7.
[25]
Australian Association of Christian Schools, Submission
49, 2.
[26]
Dr Alex Deagon, Submission 9, 7.
[27]
Australian Association of Christian Schools, Submission
49, 2.
[28]
Mark Fowler, Submission 46, 4.
[29] (1995) 20 EHRR CD 78.
[30]
Institute of Civil Society, Submission 35,
9.
[31]
Mark Fowler, Submission 46, Supplementary
Submission 1, 2.
[32]
Dr Alex Deagon, Submission 9, 5.
[33]
Ibid, 7-8, 9.
[34]
Ibid, 13-4.
[35] Hasan and Chaush v Bulgaria (European Court of
Human Rights, Grand Chamber, Application no. 30985/96, 26 October 2000)), cited
in Mark Fowler, submission 46, 9.
[36] Kjeldsen, Busk Madsen and Pedersen v
Denmark (1979-80) 1 EHRR 711, at 21-22.
[37] Ingrid Jordebo Foundation of Christian Schools v
Sweden (European Commission of Human Rights, Application No. 11533/85, 7
May 1985).
[38] Ingrid Jordebo Foundation of Christian Schools v
Sweden (European Commission of Human Rights, Application No. 11533/85, 7
May 1985).
[39]
Australian Association of Christian Schools, Submission
49, 2.
[40]
Institute of Civil Society, Submission
35, 8.
[41]
Professor Patrick Parkinson, Submission 4, 6-7.
[42]
Christian Schools Australia, Submission 110, 2.
[43]
Committee majority report, paragraph 2.130.
[44]
Professor Patrick Parkinson, Submission 4,
7.
[45]
Dr Alex Deagon, Submission 9,
17.
[46]
Mark Fowler, Submission 46, 21.
[47]
Dr Alex Deagon, Submission 9,
6.
[48]
Australian Association of Christian Schools, Submission
49, 3.
[49]
Trinity Western University v Law Society of Upper Canada, 2018 SCC 33. Cited
in A Deagon, 14.
[50]
Australian Association of Christian Schools, Submission
49, 3.
[51]
See for example the reasoning of Lee v Ashers Baking Company Ltd [2018] UKSC 49
(10 Oct 2018), per Lady Hale, with whom Lord Mance, Lord Kerr, Lord Hodge and
Lady Black agree, at paragraphs 45 following.
[52]
Australian Christian Schools, Submission 45, 2.
[53]
Dr Renae Barker, Submission 1, 2-3.
[54]
Associated Christian Schools, Submission 45, 4.
[55]
Ibid, 6.
[56]
Ibid, 9.
[57]
Australian Christian Schools, Submission 45, 9.
[58]
Ibid, 13.
[59]
Australian Association of Christian Schools, Submission
49, 1.
[60]
Associated Christian Schools, Submission 45, 10.
[61]
Ibid, 11.
[62]
Australian Association of Christian Schools, Submission
49, 2.
[63]
Cited in Dr Alex Deagon, Submission 9, 12-3.
[64]
4 Institute of Civil Society, Submission 35,
4.
[65]
Parkinson, “Christian Concerns about an Australian Charter of Rights” (2010)
15(2) Australian Journal of Human Rights 83, 97, cited in submission by ACS.
[66]
Dr Alex Deagon, Submission 9, 13.
[67]
Christian Youth Camps Limited & Ors v Cobaw Community Health Services
Limited & Ors [2014] VSCA 75 (16 April 2014), per Maxwell J at 57,
citing Hampel J at first instance.
[68]
See for example section 5A SDA.
[69]
Associated Christian Schools, Submission 45, 2.
[70]
Australian Association of Christian Schools, Submission 49, 2.
[71]
Christian Schools Australia, Submission 110, 4.
[72]
Institute of Civil Society, Submission 35, 5.
[73]
Associate Professor Mark Fowler, Submission 46, 4.
[74]
Australian Christian Schools, Submission 45, 2.
[75]
Associate Professor Mark Fowler, Submission 46, 3.
[76]
Associated Christian Schools, Submission 46, 2.
[77]
Australian Association of Christian Schools, Submission 49, 3.
[78]
Australian Human Rights Commission, Submission 5, 1-2.
[79]
Associated Christian Schools, Submission 45, 3.
[80]
Associated Christian Schools, Submission 45,
15.
AUSTRALIAN GREENS ADDITIONAL COMMENTS
[1]
Mr Jonathon Hunyor, Chief Executive Officer, Public Interest Advocacy
Centre, Committee Hansard, 19 November 2018, p. 54.
[2]
Mr Jonathon Hunyor, Chief Executive Officer, Public Interest Advocacy
Centre, Committee Hansard, 19 November 2018, p. 59; also see Ms Felicity
Marlowe, Executive Director, Rainbow Families Victoria, Committee Hansard,
19 November 2018, p 11.
[3]
The Equality Campaign, Submission 72, p. 11.
[4]
Equal Voices, Submission142, p. 7.
[5]
Australian Discrimination Law Experts Group, Submission 101, p.
2.
[6]
Public Interest Advocacy Centre, Submission 108, p. 1.
[7]
Australian Discrimination Law Experts Group, Submission 101, p.
3.
[8]
Australian Discrimination Law Experts Group, Submission 101, p.
3.
[9]
Public Interest Advocacy Centre, Submission 108, p. 4.
[10]
Human Rights Law Centre, Submission 105, p. 25.
[11]
Public Interest Advocacy Centre, Submission 108, p. 4.
[12]
Human Rights Law Centre, Submission 105, p. 4.
[13]
Mr Jonathon Hunyor, Chief Executive Officer, Public Interest Advocacy
Centre, Committee Hansard, 19 November 2018, p. 61; Northern Territory
Anti-Discrimination Commission, Submission 126, p. 2.
[14]
Ms Anna Brown, Director of Legal Advocacy, Human Rights Law Centre, Committee
Hansard, 19 November 2018, p. 52 also see Ms Anna Brown, Director of Legal
Advocacy, and Lee Carnie, Senior Lawyer, Human Rights Law Centre, Committee
Hansard, 19 November 2018, p. 56.
[15]
Ms Robin Banks, Private capacity, Committee Hansard, 19 November
2018, p. 58.
[16]
Mr Rodney Croome, Spokesperson, just.equal and Spokesperson, Equality
Tasmania, Committee Hansard, 19 November 2018, p. 2.