The Shadow Attorney-General, Senator Michaelia Cash, has given an absolute assurance that the coalition parties will not support Allegra Spender’s bill to remove provisions for religious schools. The Spender bill repeals and replaces Section 38 of the Sex Discrimination Act 1984, removing provisions that include allowing faith-based schools to hire and promote staff according to the schools’ religious ethos.
In addition, the Federal Government has said this change would require bipartisan support, making Senator Cash’s response significant (see Hansard extract below).
Senator Cash responded to an inquiry from prominent Baptist leader Ross Clifford:
“As you know, when I was Attorney-General, I introduced the Religious Discrimination Bill 2021 on behalf of the Morrison Government, reflecting my strong commitment to protecting religious freedom and the rights of religious institutions to operate in accordance with their faith, beliefs and values. That commitment extends to both religious schools and faith-based tertiary institutions, including theological colleges such as Morling College. Importantly, clauses 7 and 11 of the Religious Discrimination Bill 2021 recognised the importance of protecting the religious character of educational institutions and their ability to make employment decisions consistent with their religious beliefs.
“These provisions were not confined to the recruitment of new staff. The Explanatory Memorandum expressly contemplated circumstances where an existing teacher changed their religious beliefs, and the institution subsequently terminated their employment in accordance with its publicly available religious employment policy.
“Separately, section 38 of the Sex Discrimination Act 1984 recognises the importance of religious freedom by providing protections for religious educational institutions in relation to certain employment decisions, including those concerning existing staff.
“You may also recall that, as Shadow Attorney-General, I raised serious concerns about the religious discrimination legislation proposed by the Albanese Government’s Attorney-General Mark Dreyfus in 2024. I made clear that the Government needed to address the concerns raised by faith communities that its proposals did not adequately protect religious educational institutions and their ability to maintain their religious character.
“My position has not changed.
“The Coalition does not support Ms Spender’s Bill. We are particularly concerned that her proposed changes to section 38 of the Sex Discrimination Act would undermine existing protections for religious educational institutions, including their ability to make employment decisions consistent with their religious beliefs and values. These concerns extend to both schools and faith-based tertiary institutions, and to decisions affecting existing staff, not simply the recruitment of new employees.
“I remain committed to protecting religious freedom and the ability of religious educational institutions to maintain their distinctive religious character.”
In answering a question from Spender on discrimination in schools in March 2024, PM Anthony Albanese said a multi-party arrangement would be needed to make changes.
From Hansard: Ms SPENDER (Wentworth) (14:58): My question is to the Prime Minister. My community is deeply concerned about protecting all Australians from discrimination, no matter their gender, sexuality or faith. During the last election, a young trans person came to me, heartbroken at the exclusion they faced at school. They asked me to stand up for the LGBTQIA community. Every day we delay action on discrimination law is another day a student could be excluded from school because of who they are. How can parliament work together to strengthen protections for the LGBTQIA community as well as for people of faith?
Mr ALBANESE (Grayndler—Prime Minister) (14:59): I thank the member for Wentworth for her question and for her commitment, which I share, that no Australians should be discriminated against on the basis of their gender, their sexuality or their faith. This is something that has been discussed in this chamber, prior to the member for Wentworth’s arrival, for some period of time. I support religious liberty, and I think that it would be an important step forward if this parliament were to pass legislation to have the adoption of a religious discrimination bill. The government has prepared two pieces of legislation, a religious discrimination bill and a Sex Discrimination Act amendment bill, to achieve the objectives of ensuring that people of faith can practice their faith free of discrimination and that religious-based schools can operate on the basis of their faith, including on employment issues. We have consulted widely, and I thank the Attorney-General for the consultation that has occurred with faith-based organisations. I’ve met with many religious leaders, including a round table in the middle of last year with a group of religious leaders.
What I’ve said from the very beginning, including at that round table, is that there needs to be bipartisan support for this position, because, as Senator Birmingham said this morning, I think it is a reasonable ambition to want to seek bipartisanship. If it is going to be passed through the Senate, given the nature, it needs the support not just of the government but of either the coalition or the Greens political party. That’s just the numerical facts of what is there.
We will work with everyone, including the crossbenchers, on these issues. I have said, though, that we wouldn’t go through a parliamentary committee process. Since 2016, there have been at least 10 inquiries, there have been over 262 consultations, and there have been over 70,000 submissions to committees. It is now time to determine whether we’ll progress forward or not. I am up for progressing forward on the basis of a bipartisan position, and I hope that that can be achieved. If not, then that of course will be a decision for this parliament as well.
I know that, for so many Australians, the issues of discrimination are very central to them, and I thank the member for Wentworth for the way in which she has taken up these issues in such a considered and respectful way. (Time expired)
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