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Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018

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2016-2017-2018

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018

 

 

( 1 )     Schedule  1 , page 3 (before line 12) , before item  2 , insert:

1A  After section 7D

Insert:

7E   Educational institutions established for religious purposes: reasonableness test

             (1)  For the purposes of section 7B, a condition, requirement or practice imposed, or proposed to be imposed, in relation to a student by an educational institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed is reasonable if:

                     (a)  the condition, requirement or practice is imposed, or proposed to be imposed, in good faith in order to avoid injury to the religious susceptibilities of adherents of that religion or creed; and

                     (b)  the condition, requirement or practice is imposed, or proposed to be imposed, in a manner that is consistent with a policy of the educational institution that complies with subsection (2); and

                     (c)  if the student is a child—in imposing, or proposing to impose, the condition, requirement or practice, the educational institution has regard to the best interests of the child.

             (2)  A policy of an educational institution complies with this subsection if the policy:

                     (a)  is in writing; and

                     (b)  is publicly available; and

                     (c)  sets out the educational institution’s policy in relation to adherence to its doctrines, tenets, beliefs or teachings; and

                     (d)  complies with any other requirements prescribed by the regulations for the purposes of this paragraph.

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