In a Federation like Australia, different jurisdictions (States and Territories) may have different rules on what amounts to “discrimination” or “vilification”, and how those things interact with religious freedom. One of the pressing issues here in recent years has been whether there will be a “race to the bottom” in freedom of speech on religious issues, with one jurisdiction in particular, Tasmania, raising deep concerns with a very broad prohibition on causing “offence” related to matters such as sexual orientation.
Today the High Court of Australia, on appeal from NSW, has affirmed the decision of the NSW Court of Appeal that State and Territory “tribunals” (non-judicial panels usually used in discrimination issues) have no jurisdiction to impose penalties on residents of other Australian jurisdictions under their own local laws. The important decision in Burns v Corbett [2018] HCA 15 (18 April 2018) (court-prepared summary available here) is a good outcome, and at the very least will force Australian jurisdictions to consider very carefully whether they want their local law to apply in other parts of the country. If they do, they will be required to give jurisdiction in those cases to their courts, rather than to lower tribunals.
Law and Religion Australia 