Anglican Schools Commission
Is Discrimination Ever
Acceptable?
The Revd Peter Laurence OAM, CEO, Anglican Schools Commission
Australia is waiting for the Federal Government to announce its intentions regarding the 2022/2023 review by the Australian Law Reform Commission (ALRC) into Religious Educational Institutions and Anti-Discrimination Laws. Anglican schools are classified as ‘Religious Educational Institutions’.
Whilst this matter is not attracting much media attention in Western Australia, it is a ‘front page’ story over east. Different churches and religious schooling groups have been vocal in their concerns about the removal of the current right for religious schools to ‘discriminate’ against either or both students and staff. The areas of concern revolve around when a student or staff member’s beliefs or lifestyle choices differ from that of the stated position of the church or school.
Last year, I had the privilege of meeting with The Honourable Justice Stephen Rothman AM, the Chief Commissioner of the ALRC Review. At that time, I was able to share with Justice Rothman the Anglican Schools Commission’s position on the four areas identified in the ALRC Consultation Paper.
For the record, this remains our position today. If we are to be authentically committed to our Core Values (of which ‘inclusion’ and ‘justice’ sit alongside ‘faith’ and ‘respect’), there can be no other position for the ASC.
At the heart of the ALRC’s proposals sit the principles of general protections for, and inclusion of, students and staff. These are core to our stated values.
So, the ASC supports the position that Anglican schools should not be allowed to discriminate against current or prospective students (or a family member or carer), or against staff members, on the grounds of sexual orientation, gender identity, marital or relationships status, or pregnancy. Anglican schools are bound by a duty of care to our young people and the safety and wellbeing of our students is the top priority of every school.
We also agree with the ALCR that Anglican schools should be able to have an ongoing requirement for all staff to respect the religious ethos of the educational institution.
But we have some concerns over one position being proposed by the ALRC around the issue of preferencing staff involved in ‘the teaching, observance, or practice of religion on religious grounds’. For many roles in an ASC school, either teaching or support staff, an Anglican (or Christian of another denomination) is required or desired. Yet, for other roles, we see no reason why a person’s personal faith position should be a determining factor in their employment.
The ASC’s position is that any Principal should be able to preference a staff member on religious grounds, if that is a genuine requirement of the role. We wouldn’t support that right being taken away.
Sadly, this proposed legislative change has become a political hot potato, and it’s unclear whether the Federal Government will make a determination in their current term.
So, is it ever acceptable to discriminate against a person?