Changes to anti-discrimination laws need to strike the right balance

The Queensland Government must continue to work closely with faith-based educational organisations to ensure the modernisation of Queensland’s Anti-Discrimination Act (the Act) achieves the right balance, the Queensland Catholic Education Commission said today.

Acting QCEC Executive Director Chris Woolley said the State Government’s announcement yesterday of in-principle support for the implementation of recommendations arising from the Queensland Human Rights Commission’s (QHRC) review of the Act, would require ongoing and close consultation with education stakeholders.

“The changes which have been proposed in the report from the QHRC will potentially impact on the operation of Catholic schools in various ways, including current provisions that support religious schools being able to employ staff with the reasonable expectation that they uphold the ethos and values of the school,” Mr Woolley said.

“Families should have the right to choose a school for their children that reflects their values and beliefs. For Catholic schools this includes being able to preference the employment of staff who are Catholic, or who are willing to support and share in the ethos and mission of the school. It’s incredibly important to Catholic schools that they can continue to choose staff who share their values.”

“In previous roundtable discussions the Attorney-General, the Attorney has indicated support for ongoing consultation around changes to the Act, and QCEC looks forward to further opportunities to consult with government on behalf of the sector.”

QCEC welcomed statements in the Final Queensland Government response to the Queensland Human Rights Commission’s (QHRC) report Building belonging: Review of Queensland’s Anti-Discrimination Act 1991 indicating that “the Queensland Government recognises that religious bodies provide essential services throughout Queensland, and in doing so many promote inclusion and equality. These bodies are an important and valued part of the Queensland community.”

The State Government’s response also noted that “the Australian Government is currently reviewing Federal anti-discrimination legislation, in particular relating to religious educational institutions and that the Queensland Government will aim to align reforms with those progressed by the Australian Government to achieve legislative alignment across jurisdictions, noting the QHRC’s comments about the benefits of consistency.”

The response stated: “further consideration will be given, and consultation undertaken, in relation to these recommendations to ensure the proposed new anti- discrimination Act strikes the right balance between the need to protect people from discrimination and other objectionable conduct based on a contemporary idea of equality and the need to not unreasonably limit other rights, such as religious or cultural rights”.

“QCEC welcomes this commitment and looks forward to discussing opportunities for greater consistency and clarity in the Act”.

“We are committed to working constructively with the authorities to ensure the right balance is achieved for all stakeholders and the broader community,” Mr Woolley said.

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