Submission on the Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020
21 August 2020 | Download full submission
This short submission sets out our serious concerns about the Bill and recommends Parliament should not pass it. Rather than pursuing piecemeal reforms to an Act that is no longer fit-for-purpose, we argue that the best course of action is for the NSW Government to refer the AntiDiscrimination Act 1977 (NSW) (the Act) for comprehensive, independent review, with genuine community consultation. If, instead, Parliament chooses to pass this Bill, we conclude with a number of recommended amendments that would lessen some of its most harmful aspects.
Summary of recommendations
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The NSW Parliament should not pass the Discrimination Amendment (Religious Freedoms and Equality) Bill 2020.
- The NSW Government should immediately refer the Anti-Discrimination Act 1977 for independent review, with genuine community consultation.
- Replace the proposed definition of ‘religious ethos organisation’ in s22K with a standard definition, which covers ‘bodies established to propagate religion’.
- Limit the scope of section 22M so that it is consistent with current exceptions in section 56(d) of the Act, which protects actions that ‘conform to the doctrines of the religion or are necessary to avoid injury to the religious susceptibilities of adherents of that religion’.
- The definition of religious belief should be limited to ‘holding or not holding a religious belief’, and the reference to ‘genuinely believes’ should be removed entirely.
- Consistent with community standards and anti-discrimination laws in other jurisdictions, all unlawful acts should be excluded from protection regardless of the maximum penalties that can be imposed.
- If the Bill passes, the NSW Government should adequately fund community legal centres that specialise in discrimination law to meet additional demand for legal assistance proposed amendments will generate.