Christian Youth Camps Ltd v Cobaw Community Health Services Ltd

Christian Youth Camps Ltd sought a declaration from the Court that Cobaw Community Health Services Ltd, an accommodation provider affiliated with the Christian Brethren religion, contravened the Equal Opportunity Act 1995 (Vic) by refusing to provide accommodation to a same-sex couple. The matter was heard in the Supreme Court of Victoria. The primary legal issues were whether the refusal to provide accommodation was discriminatory conduct under the Act, whether the refusal was attributable to the corporation, and whether the corporation was exempt from the Act by virtue of being established for religious purposes. The court was also required to determine if the exemption for religious purposes could apply where the refusal was not in accordance with religious doctrines or necessary to avoid injury to religious sensitivities.

The court held that the refusal to provide accommodation was discriminatory conduct under the Act, and that the conduct was attributable to the corporation. It held that the corporation was not exempt from the Act by virtue of being established for religious purposes because the refusal did not conform with religious doctrines or was not necessary to avoid injury to religious sensitivities. The court found that the corporation was incapable of holding a religious belief, and that the refusal of accommodation was not necessary to comply with the religious beliefs of the accommodation manager. The court further held that the exemption for religious purposes could not apply in this case as it was not in accordance with religious doctrines or necessary to avoid injury to religious sensitivities.

The court made a declaration that Cobaw Community Health Services Ltd contravened the Equal Opportunity Act 1995 (Vic) by refusing to provide accommodation to a same-sex couple. The court also found that Christian Youth Camps Ltd was entitled to an order for aggravated and exemplary damages, and for costs.