Chapter 1 - Introduction

[1]        Journals of the Senate, No. 137, 6 December 2018, pp. 4480–4482.

[2]        Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Explanatory Memorandum, p. 4.

[3]        Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Explanatory Memorandum, p. 5.

[4]        Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 15 of 2018, 5 December 2018, p. 48.

[5]        Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Explanatory Memorandum, p. 1.

[6]        Senate Legal and Constitutional Affairs References Committee, Legislative exemptions that allow faith-based educational institutions to discriminate against students, teachers and staff, www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Schooldiscrimination, November 2018.

Chapter 2 - Overview of the bill and circulated amendments

[1]        Attorney-General's Department, Submission 228, p. 2.

[2]        Attorney-General's Department, Submission 228, p. 2.

[3]        Attorney-General's Department, Submission 228, p. 4.

[4]        Attorney-General's Department, Submission 228, p. 4.

[5]        Attorney-General's Department, Submission 228, p. 4.

[6]        Attorney-General's Department, Submission 228, p. 4.

[7]        Attorney-General's Department, Submission 228, p. 5.

[8]        Attorney-General's Department, Submission 228, p. 5.

[9]        Attorney-General's Department, Submission 228, p. 4.

[10]      For a more detailed explanation of the legal frameworks in place in each state and territory, see: Senate Legal and Constitutional Affairs References Committee, Legislative exemptions that allow faith-based educational institutions to discriminate against students, teachers and staff, www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Schooldiscrimination, November 2018, pp. 13–20.

[11]      Journals of the Senate, No. 133, 29 November 2018, p. 4331.

[12]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Explanatory Memorandum, p. 2.

[13]      Senator the Hon. Penny Wong, Senate Hansard, 3 December 2018, p. 9127.

[14]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Explanatory Memorandum, p. 1.

[15]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Explanatory Memorandum, p. 2.

[16]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Explanatory Memorandum, p. 2.

[17]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Explanatory Memorandum, p. 3.

[18]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Explanatory Memorandum, p. 3.

[19]      Attorney-General's Department, Submission 228, pp. 7 and 9.

[20]      Senator the Hon. Michaelia Cash, Minister for Small and Family Business, Skills and Vocational Education, Senate Hansard, 3 December 2018, p. 9121.

[21]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Supplementary Explanatory Memorandum relating to Amendment Sheet KQ147, pp. 2– 3.

[22]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Supplementary Explanatory Memorandum relating to Amendment Sheet KQ148, p. 2.

[23]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Supplementary Explanatory Memorandum relating to Amendment Sheet KQ149, p. 2.

[24]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Supplementary Explanatory Memorandum relating to Amendment Sheet KQ150, p. 2.

[25]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Supplementary Explanatory Memorandum relating to Amendment Sheet KQ151, p. 2.

[26]      Attorney-General's Department, Submission 228, pp. 7 and 9.

[27]      Senator the Hon. Michaelia Cash, Minister for Small and Family Business, Skills and Vocational Education, Senate Hansard, 3 December 2018, p. 9124.

[28]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Amendment Sheet 8601, p. 1.

[29]      Senator Janet Rice, Senate Hansard, 29 November 2018, p. 9081.

[30]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Amendment Sheet 8614, p. 1.

Chapter 3 - Views on the bill and circulated amendments

[1]        See for example: Rainbow Families Queensland, Submission 249, p. 1; Rainbow Families Victoria, Submission 190, p. 1; Equality Australia, Submission 282, p. 1; Anglican Church of Australia Public Affairs Commission, Submission 16, p. 3; Law Council of Australia, Submission 415, p. 20; Alannah and Madeline Foundation, Submission 7 , pp. 4–5; Civil Liberties Australia, Submission 230, p. 1; Australian Lawyers Alliance, Submission 4, pp. 6–7; Asian Australian Alliance, Submission 340, p. 1; PFLAG Perth, Submission 175, p. 1; Public Interest Advocacy Centre, Submission 173, p. 5; LGBTI Legal Service, Submission 278, p. 3; Caxton Legal Centre, Submission 13, p. 2; Amnesty International, Submission 172, p. 2.

[2]        Equality Australia, Submission 282, p. 6.

[3]        Equality Australia, Submission 282, p. 5.

[4]        National LGBTI Health Alliance, Submission 323, p. 2.

[5]        See for example: Institute for Civil Society, Submission 702, p. 1; Australian Christian Lobby, Submission 56, p. 1; Christian Democratic Party, Submission 55, p. 4; Australian Family Association, Submission 22, p. 7;  Association of Heads of Independent Schools of Australia, Submission 177, pp. 2–3; Australian Family Coalition; Submission 232, p. 5; Family Council of Victoria, Submission 649, p. 1; Australian National Imams Council, Submission 351, pp. 1–2; Reverend Bruce Meller, Clerk of Assembly, Presbyterian Church of Australia, Proof Committee Hansard, 7 February 2019, p. 49; Mr Erik Hofsink, Public Advocate, Australian Association of Christian Schools, Proof Committee Hansard, 7 February 2019, p. 22.

[6]        Australian Christian Lobby, Submission 56, p. 1.

[7]        Australian Christian Lobby, Submission 56, p. 5.

[8]        FamilyVoice Australia, Submission 180, p. 9.

[9]        Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Explanatory Memorandum, p. 2.

[10]      Senator the Hon. Michaelia Cash, Minister for Small and Family Business, Skills and Vocational Education, Senate Hansard, 3 December 2018, p. 9121.

[11]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Supplementary Explanatory Memorandum relating to Amendment Sheet KQ148, p. 2.

[12]      Anglican Church Diocese of Sydney, Submission 46, p. 6.

[13]      Law Council of Australia, Submission 415, p. 42.

[14]      Law Council of Australia, Submission 415, p. 27.

[15]      Law Council of Australia, Submission 415, p. 42.

[16]      Monash University Castan Centre for Human Rights Law, Submission 187, p. 3.

[17]      Australian Human Rights Commission, Submission 171, p. 10.

[18]      Australian Human Rights Commission, Submission 171, p. 10.

[19]      Australian Human Rights Commission, Submission 171, p. 10.

[20]      See for example: Rainbow Families Victoria, Submission 190; p. 1; Rainbow Families Queensland, Submission 249, p. 1; Public Interest Advocacy Centre, Submission 173, p. 13;

[21]      See for example: Australian Association of Christian Schools, Submission 168, p. 3; Christian Schools Australia / Adventist Schools Australia, Submission 167, p. 10; Australian Christian Higher Education Alliance, Submission 220, p. 11.

[22]      Professor Michael Quinlan, Submission 72, p. 7.

[23]      Anglican Church Diocese of Sydney, Submission 46, pp.4, 8.

[24]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Supplementary Explanatory Memorandum relating to Amendment Sheet KQ149, p. 3.

[25]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Supplementary Explanatory Memorandum relating to Amendment Sheet KQ149, p. 3.

[26]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Supplementary Explanatory Memorandum relating to Amendment Sheet KQ149, p. 3.

[27]      See for example: Christian Schools Australia / Adventist Schools Australia, Submission 167, p. 10; Australian Christian Higher Education Alliance, Submission 220, p. 11;

[28]      Australian Catholic Bishops Conference, Submission 224, p. 11.

[29]      Dr Alex Deagon, Submission 3, p. 6.

[30]      See for example: Equal Voices, Submission 223, p. 3; Amnesty International, Submission 172, p. 2; Lee Carnie, Director of Legal Advocacy, Equality Australia Sydney, Proof Committee Hansard, 7 February 2019, pp. 78–79.

[31]      Australian Human Rights Commission, Submission 171, p. 12.

[32]      Australian Human Rights Commission, Submission 171, p. 12.

[33]      Law Council of Australia, Submission 415, pp. 35–38.

[34]      Law Council of Australia, Submission 415, p. 38.

[35]      Law Council of Australia, Submission 415, pp. 38–39.  

[36]      Law Council of Australia, Submission 415, p. 39.

[37]      Monash University Castan Centre for Human Rights Law, Submission 187, p. 3.

[38]      Monash University Castan Centre for Human Rights Law, Submission 187, p. 3.

[39]      Professor Michael Quinlan, Submission 72, p. 7.

[40]      Attorney-General's Department, Submission 228, pp. 7 and 9.

[41]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Supplementary Explanatory Memorandum relating to Amendment Sheet KQ148, p. 3.

[42]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Supplementary Explanatory Memorandum relating to Amendment Sheet KQ148, p. 3.

[43]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Supplementary Explanatory Memorandum relating to Amendment Sheet KQ148, p. 4.

[44]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Supplementary Explanatory Memorandum relating to Amendment Sheet KQ148, p. 4.

[45]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Supplementary Explanatory Memorandum relating to Amendment Sheet KQ150, p. 2; Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Supplementary Explanatory Memorandum relating to Amendment Sheet KQ151, p. 2.

[46]      Anglican Church Diocese of Sydney, Submission 46, p. 8.

[47]      Christian Schools Australia / Adventist Schools Australia, Submission 167, p. 10

[48]      Australian Catholic Bishops Conference, Submission 224, p. 11.

[49]      Australian Catholic Bishops Conference, Submission 224, p. 11.

[50]      Dr Renae Barker, Submission 681, pp. 12–13.

[51]      Dr Renae Barker, Submission 681, p. 12.

[52]      See for example: National LGBTI Health Alliance, Submission 323, p. 4; Rainbow Families Victoria, Submission 190, p. 1; Rainbow Families Queensland, Submission 249, p. 1; Amnesty International, Submission 172, p. 2; Lee Carnie, Director of Legal Advocacy, Equality Australia Sydney, Proof Committee Hansard, 7 February 2019, pp. 78–79.

[53]      Australian Human Rights Commission, Submission 171, p. 12.

[54]      Law Council of Australia, Submission 415, p. 29.

[55]      Law Council of Australia, Submission 415, p. 29.

[56]      Law Council of Australia, Submission 415, p. 29.

[57]      Australian Discrimination Law Experts Group, Submission 587, p. 4.

[58]      Public Interest Advocacy Centre, Submission 173, pp. 12–13.

[59]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Explanatory Memorandum, p. 1.

[60]      Senator the Hon. Penny Wong, Senate Hansard, 29 November 2018, p. 9074.

[61]      See for example: Public Interest Advocacy Centre, Submission 173, p. 10; Asian Australian Alliance, Submission 340, p. 1; Equality Australia, Submission 282, p. 11; South Australian Rainbow Advocacy Alliance, Submission 227, p. 3; Rainbow Catholics InterAgency for Ministry, Submission 225, p. 4; Rainbow Families Queensland, Submission 249, p. 1; Rainbow Families Victoria, Submission 190, p. 1; Reverend Doctor Josephine Inkpin, Co-Chair, Equal Voice Queensland, Proof Committee Hansard, 6 February 2019, pp. 40, 43; Mr Chris Watt, Federal Secretary, Independent Education Union of Australia, Proof Committee Hansard, 7 February 2019, p. 58.

[62]      PFLAG Perth, Submission 175, p. 1.

[63]      Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Amendment Sheet 8601, p. 1.

[64]      Law Council of Australia, Submission 415, p. 46. See also Ms Kate Eastman SC, Chair, Equal Opportunity Committee, Law Council of Australia, Proof Committee Hansard, 7 February 2019, p. 91.

[65]      Dr Renae Barker, Submission 682, p. 14;

[66]      Mr Edward Santow, Human Rights Commissioner, Australian Human Rights Commission, Proof Committee Hansard, 7 February 2019, p. 9.

[67]      See for example: Professor Michael Quinlan, private capacity, Proof Committee Hansard, 6 February 2019, pp. 5, 7; Mr Mark Spencer, Executive Officer, Policy, Governance and Staff Relations, Christian Schools Australia,  Proof Committee Hansard, 7 February 2019, p. 23; Professor Mark Sneddon, Executive Director, Institute for Civil Society, Proof Committee Hansard, 7 February 2019, p. 52.

[68]      Professor Michael Quinlan, Submission 72, p. 1.

[69]      Dr Alex Deagon, private capacity, Proof Committee Hansard, 6 February 2019, p. 8.

[70]      Archbishop Mark Coleridge, President, Australian Catholic Bishops Conference, Proof Committee Hansard, 6 February 2019, p. 14.

[71]      Ms Sarah Chidgey, Deputy Secretary, Integrity and International Group, Attorney-General's Department, Proof Committee Hansard, 7 February 2019, p. 99.

[72]      Most Reverend Dr Glenn Davies, Archbishop of Sydney, Anglican Church Diocese of Sydney, Proof Committee Hansard, 7 February 2019, p. 33.

[73]      Most Reverend Dr Glenn Davies, Archbishop of Sydney, Anglican Church Diocese of Sydney, answers to questions on notice (7 February 2019), received 7 February 2019, p. 1.

[74]      Most Reverend Dr Glenn Davies, Archbishop of Sydney, Anglican Church Diocese of Sydney, answers to questions on notice (7 February 2019), received 7 February 2019, p. 1 (emphasis omitted).

[75]      Ms Kristin Crawford, Director, Human Rights Unit, Attorney-General's Department, Proof Committee Hansard, 7 February 2019, p. 99.

Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018 - Labor Senators Dissenting Report

[1] Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, Explanatory Memorandum, p. 2

[4] Australian Discrimination Law Experts Group, Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018 Submission 587, 25 January, 2019, pg. 2

[5] Anna Brown and Lee Carnie, Human Rights Law Centre, Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018 Submission 282 – Attachment 3, 21 November 2018, pg. 9

[6] Australian Marriage Equality, Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018 Submission 282_Attachment 4, pg. 10

[7] Rebecca Reynolds, Executive Director, National LGBTI Health Alliance, Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018 Submission 323 – Attachment 2, February 2018, pg. 7

[8] Dr Tiffany Jones, Department Educational Studies, Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018 Submission 233, January 2019, pg. 6

[9] Rev. Dr Michael Stead, Anglican Church, Diocese of Sydney, Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018 Submission 46, 10 January, 2019, Pg. 3

[10] Archbishop Mark Coleridge, President, Australian Catholic Bishops Conference, Committee Hearing, Brisbane, Wednesday, 6 February 2019 Page 13

[11] Ms Ann Maree Rebgetz, Board Director of Secondary Principals Australia, Committee Hearing, Brisbane, Wednesday, 6 February 2019, Page 13

[12] Ms Betts, Executive Director, Brisbane Catholic Education Office Committee Hearing, Brisbane, Wednesday, 6 February 2019, Page 14

[13]Anna Brown, Equality Australia,  Committee Hansard, Thursday, 7 February 2019,  Page 78

[14] Reverend Doctor Josephine Inkpin, Co-Chair, Equal Voices Committee Hearing, Brisbane, Wednesday, 6 February 2019 Page 41

[15] Mr Anthony Odgers, Assistant Federal Secretary, Independent Education Union of Australia, 19 November 2018, pg. 46 and pg. 49

[16] Committee Hansard, Monday, 19 November 2018, Page 50

[17]      Law Council of Australia, Submission 415, p. 27.

Australian Greens Dissenting Report

[1]        Equality Australia, Submission 282; Public Interest Advocacy Centre, Submission 173; Law Council of Australia, Submission 415.

[2]        Lee Carnie, Director of Legal Advocacy, Equality Australia, Proof Committee Hansard, 7 February 2019, p. 78.

[3]        just.equal, Submission 934, p. 2.

[4]        Equality Australia, Submission 282, p. 6.

[5]        Mr Jonathon Hunyor, Chief Executive Officer, Public Interest Advocacy Centre, Proof Committee Hansard, 7 February 2019, p. 81.

[6]        Equality Australia, Submission 282, p. 7.

[7]        Equality Australia, Submission 282; National LGBTI Health Alliance, Submission 323.

[8]        Lee Carnie, Director of Legal Advocacy, Equality Australia, Proof Committee Hansard, 7 February 2019, p. 79.

[9]        Lee Carnie, Director of Legal Advocacy, Equality Australia, Proof Committee Hansard, 7 February 2019, p. 79.

[10]      Mr. Rodney Croome, Campaign Coordinator, Equality Tasmania, Proof Committee Hansard, 7 February 2019, p. 84.

[11]      Public Interest Advocacy Centre, Submission 173, p. 10.

[12]      Mr. Rodney Croome, Campaign Coordinator, Equality Tasmania, Proof Committee Hansard, 7 February 2019, p. 79.

[13]      Public Interest Advocacy Centre, Submission 173; Law Council of Australia, Submission 415.