This article applies to religious entities in Victoria.
Equal Opportunity (Religious Exceptions) Amendment Act 2021 (Vic)
Relevant parts of the Equal Opportunity (Religious Exceptions) Amendment Act 2021 (Vic) (the Amending Act) commenced on 14 June 2022 amending the Equal Opportunity Act 2010 (Vic) (the Principal Act).
Employment concerning religious bodies and religious educational institutions
The Amending Act has inserted new provisions in the Principal Act which affect the operation of the existing discrimination exceptions in the Principal Act where they apply to employment by a religious body and employment in a religious educational institution.
More specifically new section 82A provides that a person, effectively acting for a religious body, may rely on an exception to discrimination prohibitions, found within the Principal Act, in relation to the employment of persons in particular positions. In addition, new section 83A also allows religious educational institutions to rely on an exception to discrimination prohibitions in relation to the employment of persons in particular positions. Both of these new sections state that a person may rely on the relevant exception if:
- conformity with the doctrines, beliefs or principles of the religious body’s religion is an inherent requirement of the position; and
- the other person (e.g., an applicant) cannot meet that inherent requirement because of their religious belief or activity; and
- the discrimination is reasonable and proportionate in the circumstances.
Conclusion
Organisations should ensure HR and other relevant staff are made aware of the new exceptions to discrimination that are available to religious bodies in the area of employment, and to religious educational institutions in the area of employment (as discussed above).
