U2 AOS3 - DOGS + the Religious Discrimination Bill

Question 1

Why did the plaintiff initiate the DOGS case in the High Court?

Answer 1

• The plaintiff believed that the legislation passed by the Commonwealth Parliament that allowed it to give financial assistance to non-government schools in Australian states was in breach of section 116 of the Constitution (freedom of religion)

Question 2

What was the High Court’s ultimate decision?

Answer 2

• The High Court found that the legislation was for education purposes, as opposed to establish a religion
• In the words of Sir Anthony Mason: “in my view, establishing a religion meant setting up a religion as a national institution, as the Anglican church was in England for example, and providing financial assistance didn’t amount to that”

Question 3

Conflicting views around the Religious Discrimination Bill

Answer 3

• After it was strongly criticised by various human rights organisations, it was revised and reintroduced into parliament in November 2021
• However, the new bill contained yet another controversial section, one which would allow individuals to make ‘statements of belief’ that otherwise might breach anti-discrimination laws, provided that the statement did not harass, threaten, intimidate or vilify a person or group

Question 4

Victorian Government’s Equal Opportunity Act 2021 (Vic)

Answer 4

• Before the 14th of June 2022, the Equal Opportunity Act allowed religious bodies and schools to discriminate in certain circumstances because of one of the following personal characteristics: sex, sexual orientation, lawful sexual activity, marital status, parental status, gender identity
  
  • For example, in certain circumstances, religious bodies or schools could lawfully refuse entry to a prospective student or refuse to employ someone
• However, from the 14th of June 2022, religious bodies and schools are not allowed to discriminate against people based on their personal characteristics in employment or schooling decisions
  
  • Religious bodies in the schools can only discriminate when:
    
    • Conformity with the beliefs, doctrines or principles of the body or school’s religion is an inherent requirement of the job
    • The person cannot meet that inherent requirement because of their religious belief or activity
    • The discrimination is reasonable and proportionate in this circumstances
  • Schools can only discriminate based on a student, or prospective student’s, religious beliefs or activities
  • However, the discrimination must be reasonable and proportionate in this circumstances and:
    
    • To do so would conform with the doctrine’s beliefs of principles of the school’s religion
    • The discrimination is reasonably necessary to avoid injury to the religious sensitivities of adherents to the school’s religion