Aitken v State of Victoria

The applicant, Mr. Aitken, brought a claim against the State of Victoria for discrimination on the basis of religious belief. The crux of the dispute was the implementation of non-compulsory religious instruction in government schools, which Mr. Aitken argued constituted discrimination. The case was initially heard and dismissed by the Victorian Civil and Administrative Tribunal (VCAT). Following the dismissal, Mr. Aitken sought leave to appeal to the Supreme Court of Victoria on a question of law under section 148 of the Victorian Civil and Administrative Tribunal Act 1998.

The primary legal issues before the court were whether the non-compulsory nature of religious instruction in government schools constituted discrimination on the grounds of religious belief, and whether this practice was consistent with the provisions of the Equal Opportunity Act 1995 and the Equal Opportunity Act 2010. The court had to determine whether the policy of providing non-compulsory religious instruction could be viewed as discriminatory under the equal opportunity legislation. The court also had to consider whether the non-compulsory nature of the religious instruction sufficiently mitigated any potential discrimination.

The court found that the non-compulsory nature of the religious instruction did not constitute discrimination on the grounds of religious belief. It reasoned that since participation in the religious instruction was entirely voluntary, there was no requirement for students to engage in activities that conflicted with their religious beliefs. The court concluded that the policy was consistent with the objectives of the Equal Opportunity Acts, which aim to promote equal opportunity and eliminate discrimination. Consequently, the application for leave to appeal was refused. The court found no error in VCAT's decision and upheld the dismissal of Mr. Aitken's claim.