The Federal Government released the second exposure draft of the
Religious Discrimination Bill in December 2019, following
a consultation process on the first exposure draft. While the
outcome of further consultation and submissions cannot be predicted
with any certainty, it is worth faith-based schools giving some
thought now to the consequences of the current Bill being
enacted.
The Bill is structured in similar fashion to other Federal
discrimination legislation. If enacted, it would be unlawful for a
school to discriminate, either directly or indirectly, against a
person on the ground of the person's religious belief or
activity. Direct discrimination is where the school treats the
person less favourably than the school treats another person who
does not have or engage in the religious belief or activity.
Indirect discrimination is where the school imposes a condition or
requirement which has the effect of disadvantaging persons who hold
or engage in the same
