Proposed reforms to discrimination legislation would make
i t impossible for Catholic schools to be Catholic
The National Catholic Education Commission (NCEC) is extremely disappointed with the proposed
reforms outlined by the Australian Law Reform Commission (ALRC) in its current inquiry into
religious education al institutions and anti – discrimination laws.
National Catholic Education Executive Director Jacinta Collins said if the reforms proposed in the
ALRC consultation paper Religious Educational Institutions and Anti – Discrimination Law were to be
adopted, it would be a major blow to authentic faith – b ased education in Australia.
“At the National Catholic Education Commission meeting today, our educational leaders across
Australia were very concerned by the narrow approach taken in the ALRC paper.”
“The proposed reforms fail to provide real protec tions for religious schools to effectively operate
and teach according to their religious beliefs and ethos,” Ms Collins said.
Ms Collins said the review has been limited to exemptions in the Sex Discrimination, Fair Work and
other Acts and does not address the need for protections for religious rights in Australia.
” Changes to anti – discrimination laws must must go hand – in – hand with proactive legislation to
protect religious freedom.
“International law recognises protections to establish religio us educational institutions and the right
of parents to choose a school for their children that is in line with their religious values and beliefs.
” In a pluralist society, Catholic schools should be free to be Catholic,” Ms Collins said. “T his means
bei ng able to build a community of faith within the school and parish, which is not limited to a
narrow approach to preferencing the enrolment or employment of Catholic students or staff, or the
teaching of religious education.
“It should allow for faith co mmunities to give expression to their beliefs and to associate freely
within the confines of the law and reasonable regulation without over – reach from the state,” she
said.
Ms Collins said in operating in accordance with their religious beliefs, Catholic school communities
do not discriminate, and are not seeking to discriminate, based on an individual’s personal
attribute s. However, it’s critical that staff are willing to support the mission and ethos of the school.
“Research over consecutive years into school choice shows that families continue to highly value
their choice of a faith – based education,” Ms Collins said.
A recent survey showed broad community support for faith – based schools in Australia with 63% of
the general population, 82% of Catholics and 79% of parents with children in Catholic schools
agreeing that religious schools should be ‘entitled to require employees to act in their roles that
uphold the ethos and values of that fai th and the school should be free to favour hiring employees
who share these values’. (Utting Research, November 2021)
Ms Collins said the Commission expressed some concern over the process to date and looks
forward to the ALRC engaging with the Independen t Expert Committee that Justice Rothman has
re – established to advise the consultation.
“We will make a detailed submission on behalf of the Catholic education sector to the consultation
process and will urge the large number of families who choose Cathol ic schools to also make their
views known.
“This is an important tipping point for faith – based schools in Australia,” she said. “W e need to find a
fair and reasonable balance balance to ensure staff and students are not discriminated against on
the basis of sex, sexual orientation, gender identity, marital or relationship status or pregnancy.
