Equal Opportunity (Religious Exceptions) Amendment Act 2021 (Vic)

Equal Opportunity (Religious Exceptions) Amendment Act 2021

No. 56 of 2021

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Equal Opportunity Act 2010

Division 1—Employment and general

3Definition of religious body

4New section 81A inserted

5Religious bodies

6New section 82A inserted

7Religious schools

8New section 83A inserted

9Section 84 repealed

Division 2—Government funded goods and services

10Other definitions

11Religious bodies

12New section 82B inserted

Part 3—Repeal of this Act

13Repeal of this Act

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Endnotes

1      General information

Equal Opportunity (Religious Exceptions) Amendment Act 2021

No. 56 of 2021

[Assented to 14 December 2021]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are to amend the Equal Opportunity Act 2010—

(a)to limit the exceptions in relation to employment matters in respect of—

(i)religious bodies; and

(ii)educational institutions that are, or are to be, conducted in accordance with religious doctrines, beliefs or principles; and

(b)to limit the exceptions in relation to the provision of government funded goods and services by religious bodies; and

(c)to limit the exceptions that apply in the course of establishing, directing, controlling or administering educational institutions that are, or are to be, conducted in accordance with religious doctrines, beliefs or principles; and

(d)to remove the general exception on religious grounds in respect of discrimination by individuals.

2Commencement

(1)Subject to subsections (2) and (3), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act, other than Division 2 of Part 2, does not come into operation before the day that is 6 months after the day on which this Act receives the Royal Assent, it comes into operation on that day.

(3)If Division 2 of Part 2 does not come into operation before the day that is 12 months after the day on which this Act receives the Royal Assent, it comes into operation on that day.

Part 2—Amendment of Equal Opportunity Act 2010

Division 1—Employment and general

3Definition of religious body

In section 81 of the Equal Opportunity Act 2010, for "sections 82 and 83" substitute "this Part".

4New section 81A inserted

After section 81 of the Equal Opportunity Act 2010 insert—

"81A   Other definitions

In this Part—

relevant educational entity means a person or body to which section 83 applies.".

5Religious bodies

(1)In section 82(2) of the Equal Opportunity Act 2010, after "done" insert "(except in relation to employment)".

(2)In section 82(2) of the Equal Opportunity Act 2010, after "that" insert " is reasonable and proportionate in the circumstances, and".

(3)In section 82(2)(a) and (b) of the Equal Opportunity Act 2010, before "religion" insert "religious body's".

(4)After section 82(2) of the Equal Opportunity Act 2010 insert—

"(3)Subsection (2) of this section has effect subject to sections 83 and 83A.".

6New section 82A inserted

After section 82 of the Equal Opportunity Act 2010 insert—

"82A   Religious bodies—employment

(1)A person may discriminate against another person in relation to the employment of the other person in a particular position by a religious body if—

(a)conformity with the doctrines, beliefs or principles of the religious body's religion is an inherent requirement of the position; and

(b)the other person cannot meet that inherent requirement because of their religious belief or activity; and

(c)the discrimination is reasonable and proportionate in the circumstances.

(2)The nature of the religious body and the religious doctrines, beliefs or principles in accordance with which it is conducted must be taken into account in determining the inherent requirements of a position for the purposes of subsection (1)(a).

(3)This section does not permit discrimination on the basis of any attribute other than as specified in subsection (1).".

7Religious schools

(1)In the heading to section 83 of the Equal Opportunity Act 2010, for "schools" substitute "educational institutions".

(2)In section 83(2) of the Equal Opportunity Act 2010, for "done on the basis of a person's religious belief or activity, sex, sexual orientation, lawful sexual activity, marital status, parental status or gender identity" substitute "done (except in relation to employment) on the basis of a person's religious belief or activity".

(3)In section 83(2) of the Equal Opportunity Act 2010, after "that" insert " is reasonable and proportionate in the circumstances, and".

(4)In sections 83(2)(a) and (b) of the Equal Opportunity Act 2010, after "religion" insert "in accordance with which the educational institution is to be conducted".

8New section 83A inserted

After section 83 of the Equal Opportunity Act 2010 insert—

"83A   Religious educational institutions: employment

(1)A person may discriminate against another person in relation to the employment of the other person in a particular position by a relevant educational entity in the course of establishing, directing, controlling or administering an educational institution if—

(a)conformity with the doctrines, beliefs or principles of the religion in accordance with which the educational institution is to be conducted is an inherent requirement of the position; and

(b)the other person cannot meet that inherent requirement because of their religious belief or activity; and

(c)the discrimination is reasonable and proportionate in the circumstances.

(2)The nature of the educational institution and the religious doctrines, beliefs or principles in accordance with which it is to be conducted must be taken into account in determining the inherent requirements of a position for the purposes of subsection (1)(a).

(3)This section does not permit discrimination on the basis of any attribute other than as specified in subsection (1).".

9Section 84 repealed

Section 84 of the Equal Opportunity Act 2010 is repealed.

Division 2—Government funded goods and services

10Other definitions

In section 81A of the Equal Opportunity Act 2010 insert—

"government funded goods or services means goods or services (including accommodation services) provided under a funding agreement between a religious body and a public sector body;

public sector body has the same meaning as in the Public Administration Act 2004;".

11Religious bodies

In section 82(2) of the Equal Opportunity Act 2010, after "employment" insert "or the provision of government funded goods or services".

12New section 82B inserted

After section 82A of the Equal Opportunity Act 2010 insert—

"82B   Religious bodies—provision of government funded services

(1)A person may discriminate against another person if the discrimination is constituted by, or relates to, one of the following—

(a)a religious body refusing to provide government funded goods or services to a person on the basis of the person's religious belief or activity;

(b)a religious body determining the terms on which government funded goods or services are provided to a person on the basis of the person's religious belief or activity;

(c)a religious body subjecting a person to any detriment, in connection with the body's provision of government funded goods or services to the person, on the basis of the person's religious belief or activity;

where—

(d)the refusal, the terms or subjecting the person to the detriment, as the case requires, is in conformity with the doctrines, beliefs or principles of the religious body's religion or is reasonably necessary to avoid injury to the religious sensitivities of adherents of the religion; and

(e)the discrimination is reasonable and proportionate in the circumstances.

(2)This section does not permit discrimination on the basis of any attribute other than as specified in subsection (1).

(3)Subsection (1) applies whether or not the government funded goods or services are provided for payment.".

Part 3—Repeal of this Act

13Repeal of this Act

This Act is repealed on the first anniversary of the first day on which all of its provisions are in operation.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 28 October 2021

Legislative Council: 19 November 2021

The long title for the Bill for this Act was "A Bill for an Act to amend the Equal Opportunity Act 2010 in relation to exceptions in respect of religion, and for other purposes."