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Protecting "statements of belief" at work a step closer

Controversial protections for employees who make "statements of belief" at work are a step closer after a Senate committee recommended the Religious Discrimination Bill pass with minor amendments.

Following its inquiry into the Bill – which aims to: eliminate, so far as is possible, discrimination on the ground of religious belief or activity; give everyone the "same rights to equality before the law" regardless of their beliefs; and ensure people can make "statements of belief" without fear of reprisal (subject to some limits) – the Parliamentary Joint Committee on Human Rights has produced a 296-page report in favour of its passage.

However it recommends 12 amendments, including:

  • limiting the discrimination exception in section 39(2)(b) to the inherent requirements of a "particular position", rather than the inherent requirements of the "employment or partnership";
  • adding a legislative note that states "reasonable management action conducted within a reasonable manner will not constitute unlawful discrimination" (and providing examples of types of such action); and
  • setting out what is required in a religious body's publicly available policy, namely its position in relation to particular religious beliefs or activities, and how this position will be enforced. The relevant Minister would also have the power to determine any other requirements ancillary to this, which the policy must comply with...
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