Month: November 2022

neilfoster

ALRC inquiry into Religious Educational Institutions and Anti-Discrimination Laws

The Commonwealth Attorney-General has announced that the Australian Law Reform Commission will be conducting an inquiry into the general area of “Religious Educational Institutions and Anti-Discrimination Laws”. Detailed information about the inquiry can be seen at their home page.

Readers may recall that the ALRC had previously been given a wider inquiry by the former government: the web-page notes that

The Terms of Reference replace a previous Inquiry into religious exemptions in anti-discrimination legislation that has been on hold since March 2020.

This new inquiry, while narrower in terms of being limited to religious educational institutions, comes with a number of assumptions that some may find problematic:

The Terms of Reference describe the Government’s commitments as ensuring ‘that an educational institution conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed:

  • must not discriminate against a student on the basis of sexual orientation, gender identity, marital or relationship status or pregnancy;
  • must not discriminate against a member of staff on the basis of sex, sexual orientation, gender identity, marital or relationship status or pregnancy;
  • can continue to build a community of faith by giving preference, in good faith, to persons of the same religion as the educational institution in the selection of staff’.

The Commission has indicated that it will have regard to submissions made to the previous inquiry, but that it also “will undertake further consultations”. Organisations and individuals who are interested in making submissions to the inquiry (when public submissions are called for) can “subscribe” to email updates from the ALRC here. Given that the inquiry has quite a tight timeline (it is due to report on 21 April 2023) I suspect that submissions may need to be put together fairly quickly over the Christmas/New Year period.

Update

The ALRC has now released a consultation timetable (which can be seen here) which indicates that they will be releasing a discussion paper for general comments on 27 January 2023, to which responses need to be provided by 24 February 2023.

neilfoster

Newcastle Breakfast event for lawyers- Nov 30

For lawyers (and law students) who are interested in Law and Religion issues and are (or will be) in Newcastle on Wednesday Nov 30, our local lawyer’s Christian fellowship, in partnership with Sydney-based organisation Third Space, are running a breakfast seminar (7:30-8:30) on the topic “Wisdom for Good Government”.

The description of the topic and the speaker are as follows:

The governmental response to Covid-19 has precipitated (virtually unprecedented?) debate within Australian society about the proper reach of our authorities. The legitimacy or otherwise of ‘civil disobedience’ to legislative mandates has been hotly debated. How are we to chart a course through these choppy waters?

We are very pleased to have David Robertson as our speaker:

David Robertson is an experienced presenter and debater on the place of the Christian faith in the public sphere, a prolific blogger at The Wee Flea and he was the minister at St Peter’s Free Church in Dundee, Scotland for 27 years. David joined City Bible Forum in 2019 to lead a new initiative called Third Space. Whilst continuing to speak at City Legal, David also works with churches, seeking to help them communicate the good news in a world that desperately needs it.

The event will be held in room x-704 in the University of Newcastle city campus (“Nuspace”), on the corner of Hunter and Auckland Streets in the Newcastle CBD. Full details and a link to register can be found here: https://thirdspace.org.au/civicrm/event/info?id=2878&reset=1 . You can order some breakfast as well!