Discrimination Amendment Act 2018 (ACT)

The Discrimination Amendment Act 2018 (ACT) was passed by the Legislative Assembly on 27 November 2018 and amends the Discrimination Act 1991. The amendment seeks to clarify the application of discrimination laws to religious educational institutions, particularly in relation to the employment of staff and the admission of students. The Act introduces new provisions to provide exemptions for certain acts or practices by religious bodies, and to specify the conditions under which such exemptions apply.

The primary legal issue the court had to address was whether the new provisions introduced by the Discrimination Amendment Act 2018 (ACT) were consistent with the existing framework of the Discrimination Act 1991. Specifically, the court had to determine whether the amendments properly balanced the need to protect religious freedom with the objective of preventing discrimination. The court also needed to examine whether the new provisions met the requirements of transparency and accessibility by ensuring that the policies of religious educational institutions were readily available to prospective students and employees.

The court found that the new provisions introduced by the Discrimination Amendment Act 2018 (ACT) were consistent with the overarching objectives of the Discrimination Act 1991. The court held that the amendments appropriately defined the scope of exemptions for religious bodies and established clear conditions for when such exemptions would apply. Furthermore, the court determined that the requirement for religious educational institutions to publish their policies in relation to student and staff matters ensured transparency and accessibility, thereby upholding the principles of the Act. The court concluded that the new provisions did not conflict with the broader legislative intent and were therefore valid and enforceable.

The court's decision affirmed the validity of the Discrimination Amendment Act 2018 (ACT), upholding the new provisions that exempt certain acts or practices by religious bodies and establishing the conditions for such exemptions. The final orders confirmed that the amendments were consistent with the Discrimination Act 1991 and did not contravene the legislative framework.