The Victorian Parliament is reviewing its anti-discrimination law, a review that is producing howls of protest from religion-based organisations that are generally excused from such law. NSW's Anti-Discrimination Act, too, excuses our state's religion-based organisations from the principles of anti-discrimination, and I say it is time that was reviewed, howls or not. That exemption is in section 56(c) of the Act: "Nothing in this Act affects the appointment of any other person in any capacity by a body established to propagate religion". The Act prohibits, generally, discrimination on the basis of age, sex (including pregnancy, breastfeeding and sexual harassment), marital or domestic status, disability, homosexuality, age, transgender status and carer's responsibilities, but churches and religion-based schools are free to exercise prejudice as they see fit.
There are many sections of the NSW Anti-Discrimination Act that warrant review, and I mention a few of them in my column in The Herald today, but this notion of churches and their organisations being a law unto themselves should be given the last rites. Surely the ugly saga of pedophilia in the church should have killed the claim that the church was beyond state law.
Even the distinction in the 32-year-old Act of lawful and unlawful discrimination is anachronistic. Should there be right and wrong prejudice, and discrimination, in our society? And should any church or school or other religion-based organisation be excused from anti-discrimination law?