RELIGIOUS DISCRIMINATION BILL 2021

2019-2020-2021

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Religious Discrimination Bill 2021

No. , 2021

(Attorney-General)

A Bill for an Act relating to discrimination on the

ground of religious belief or activity, and for

related purposes

No. , 2021

Religious Discrimination Bill 2021

Contents

Part 1--Preliminary

Short title ........................................................................................... 1

Commencement ................................................................................. 2

Objects of this Act ............................................................................. 2

Simplified outline of this Act ............................................................ 3

Definitions ......................................................................................... 4

Extended meaning of

ground

............................................................. 9

Part 2--Conduct etc. that is not discrimination

Religious bodies may generally act in accordance with their

faith etc. ........................................................................................... 10

Certain conduct by religious hospitals, aged care facilities,

accommodation providers and disability service providers

that is not covered by section 7 ........................................................ 11

Areas of public life in which the conduct of religious

hospitals, aged care facilities, accommodation providers and

disability service providers is not discrimination............................. 12

Reasonable conduct intended to meet a need or reduce a

disadvantage .................................................................................... 15

Conduct in relation to employment by religious educational

institutions--overriding certain State and Territory laws ................ 15

Statements of belief ......................................................................... 16

Part 3--Concept of discrimination on the ground of religious

belief or activity

Discrimination on the ground of religious belief or activity--

direct discrimination ........................................................................ 18

Discrimination on the ground of religious belief or activity--

indirect discrimination ..................................................................... 18

Discrimination on the ground of religious belief or activity--

qualifying body conduct rules ......................................................... 19

Discrimination extends to persons associated with

individuals who hold or engage in a religious belief or

activity ............................................................................................. 20

Conduct engaged in for 2 or more reasons ...................................... 21

Part 4--Unlawful discrimination

Division 1--Introduction

Introduction ..................................................................................... 22

Division 2--Discrimination in work

Employment .................................................................................... 23

Religious Discrimination Bill 2021

No. , 2021

Partnerships ..................................................................................... 23

Qualifying bodies ............................................................................ 24

Registered organisations .................................................................. 25

Employment agencies ...................................................................... 25

Division 3--Discrimination in other areas

Education ......................................................................................... 27

Access to premises .......................................................................... 27

Goods, services and facilities .......................................................... 28

Accommodation .............................................................................. 28

Land ................................................................................................. 29

Sport ................................................................................................ 29

Clubs ............................................................................................... 29

Requesting or requiring information ................................................ 30

Commonwealth laws and programs ................................................. 30

Victimisation ................................................................................... 31

Division 4--Exceptions and exemptions

Subdivision A--Introduction

Certain conduct by religious bodies is not covered by this

Division ........................................................................................... 33

Subdivision B--General exceptions

Counselling, promoting etc. a serious offence ................................. 33

Conferring charitable benefits ......................................................... 33

Conduct in direct compliance with certain legislation etc. .............. 34

Orders, determinations and industrial instruments .......................... 35

Subdivision C--Specific exceptions relating to particular areas of

public life

Exceptions relating to work ............................................................. 36

Exceptions relating to accommodation and facilities ....................... 37

Exception for disposal of land ......................................................... 39

Exception relating to clubs .............................................................. 39

Exception relating to voluntary bodies ............................................ 39

Subdivision D--Exemptions granted by the Commission

Commission may grant exemptions ................................................. 39

Applying for an exemption .............................................................. 40

Effect of exemptions ........................................................................ 40

Variation and revocation of exemptions .......................................... 40

Review by Administrative Appeals Tribunal................................... 41

Part 5--Offences

No. , 2021

Religious Discrimination Bill 2021

iii

Unlawful conduct is not an offence unless expressly

provided ........................................................................................... 42

Victimisation ................................................................................... 42

Advertisements ................................................................................ 44

Part 6--Religious Discrimination Commissioner

Religious Discrimination Commissioner ......................................... 45

Term of appointment ....................................................................... 45

Remuneration of Commissioner ...................................................... 45

Leave of absence ............................................................................. 46

Outside employment ........................................................................ 46

Other terms and conditions of appointment ..................................... 46

Resignation ...................................................................................... 46

Termination ..................................................................................... 47

Acting Commissioner ...................................................................... 48

Part 7--Functions of the Australian Human Rights

Commission

Functions of the Commission .......................................................... 49

Part 8--Application and constitutional provisions

This Act binds the Crown ................................................................ 51

Geographical application of this Act ............................................... 51

Constitutional basis of this Act ........................................................ 51

Additional operation of this Act ...................................................... 52

Limited application provisions ........................................................ 55

Compensation for acquisition of property ....................................... 55

Relationship with State and Territory laws ...................................... 56

Part 9--Other matters

Delegation ....................................................................................... 57

Liability of persons involved in unlawful conduct .......................... 57

Conduct by representatives .............................................................. 58

Protection from civil actions ............................................................ 59

No right of action unless expressly provided ................................... 59

Non-disclosure of protected information ......................................... 60

Commissioner to give information to the Commission ................... 61

Review of operation of Act ............................................................. 61

Regulations ...................................................................................... 61

Part 1

Preliminary

Section 2

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2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of

this Act

A single day to be fixed by Proclamation.

However, if the provisions do not commence

within the period of 6 months beginning on

the day this Act receives the Royal Assent,

they commence on the day after the end of

that period.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Objects of this Act

(1) Recognising the freedom of all people to have or adopt a religion

or belief of their choice, and freedom to manifest this religion or

belief either individually or in community with others, the objects

of this Act are:

(a) to eliminate, so far as is possible, discrimination against

persons on the ground of religious belief or activity in a range

of areas of public life; and

(b) to ensure, as far as practicable, that everyone has the same

rights to equality before the law, regardless of religious belief

or activity; and

community of the principle that people of all religious

Preliminary

Part 1

Section 4

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Religious Discrimination Bill 2021

beliefs, including people with no religious belief, have the

same fundamental rights in relation to those beliefs; and

(d) to ensure that people can, consistently with Australia's

obligations with respect to freedom of religion and freedom

of expression, and subject to specified limits, make

statements of belief.

(2) In giving effect to the objects of this Act, regard is to be had to:

(a) the indivisibility and universality of human rights, and their

equal status in international law; and

(b) the principle that every person is free and equal in dignity

and rights.

4 Simplified outline of this Act

This Act makes it unlawful to discriminate against a person on the

ground of religious belief or activity in a range of areas of public

life, including work, education, access to premises and the

provision of goods, services and accommodation.

Discrimination is unlawful if it occurs, for example, because of a

religious belief or activity that the person holds or engages in (see

section 6). It is also unlawful if it occurs because of the person's

association with someone else who holds or engages in a religious

belief or activity, regardless of whether or not they themselves hold

or engage in a religious belief or activity (see section 16).

However, certain conduct is not discrimination at all, such as

conduct by religious bodies in some circumstances. Certain

statements of belief also do not constitute discrimination for the

purposes of specified legislation, including this Act (see Part 2).

There are some exceptions to unlawful discrimination (see

Division 4 of Part 4). The Australian Human Rights Commission

may also grant certain exemptions (see Subdivision D of

Division 4 of Part 4).

Certain conduct involving advertisements and victimisation is an

offence (see Part 5).

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Preliminary

Section 5

Religious Discrimination Bill 2021

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Conduct that is unlawful or an offence under this Act is unlawful

discrimination for the purposes of the

Australian Human Rights

Commission Act 1986

. Complaints can be made under that Act to

the Australian Human Rights Commission about such conduct.

The office of the Religious Discrimination Commissioner is

established by this Act (see Part 6). The Australian Human Rights

Commission has a number of functions in relation to this Act (see

Part 7).

This Act has effect subject to certain geographical and

constitutional limitations (see Part 8).

Provision is made for miscellaneous matters such as delegation and

protection from civil actions (see Part 9).

5 Definitions

(1) In this Act:

accommodation

includes residential and business accommodation.

Australia

, when used in a geographical sense, includes all the

external Territories.

child

: without limiting who is a child of a person for the purposes

of this Act, someone is the

child

of a person if he or she is a child

of the person within the meaning of the

Family Law Act 1975

club

means an association (whether incorporated or

unincorporated) of persons associated together for social, literary,

cultural, political, sporting, athletic or other lawful purposes that

provides and maintains its facilities, in whole or in part, from the

funds of the association.

Commission

means the Australian Human Rights Commission.

Commissioner

means the Religious Discrimination Commissioner

appointed under section 52.

Preliminary

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Section 5

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Religious Discrimination Bill 2021

de facto partner

of a person has the meaning given by the

Acts

Interpretation Act 1901

discriminate

: see sections 7, 9, 10, 13, 14 and 15.

Note 1:

See also section 16, which extends the concept of discrimination to

persons who are associated with individuals who hold or engage in a

religious belief or activity.

Note 2:

Certain statements of belief do not constitute discrimination for the

purposes of specified legislation, including this Act (see section 12).

educational institution

means a school, college, university or other

institution at which education or training is provided.

Note:

This includes child care centres and early learning centres at which

education or training is provided.

employer

includes a person acting or purporting to act on behalf of

an employer.

employment

means:

(a) work under a contract of employment (within its ordinary

meaning); or

(b) work that a person is otherwise appointed or engaged to

perform;

whether the work is on a full-time, part-time, temporary or casual

basis, or whether it is paid or unpaid.

engage in conduct

means:

(a) do an act; or

(b) omit to perform an act.

ground

has a meaning affected by section 6.

local by-law

means a law made by a body established for the

purposes of local government by or under a law of a State or

Territory.

near relative

, in relation to a person, means:

(a) a parent, step-parent, grandparent or step-grandparent of the

person; or

(b) a child, step-child, grandchild or step-grandchild of the

person; or

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Preliminary

Section 5

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(d) the spouse or de facto partner of the person; or

(e) another person who has any of the relationships specified in

paragraph (a), (b) or (c) to the person's spouse or de facto

partner.

paid work

means work for financial gain or reward (whether as an

employee, a self-employed person or otherwise).

parent

: without limiting who is a parent of a person for the

purposes of this Act, someone is the

parent

of a person if the

person is his or her child because of the definition of

child

in this

subsection.

premises

includes:

(a) a structure, building, aircraft, vehicle or vessel; and

(b) a place (whether enclosed or built on or not); and

paragraph (a) or (b)).

qualifying body

means an authority or body that is empowered to

confer, renew, extend, revoke, vary or withdraw an authorisation or

qualification that is needed for, or facilitates, any of the following

by an individual:

(a) the practice of a profession;

(b) the carrying on of a trade;

registered charity

means an entity that is registered under the

Australian Charities and Not-for-profits Commission Act 2012

the type of entity mentioned in column 1 of item 1 of the table in

subsection 25-5(5) of that Act.

religious belief or activity

means:

(a) holding a religious belief; or

(b) engaging in religious activity; or

(d) not engaging in, or refusing to engage in, religious activity.

Preliminary

Part 1

Section 5

No. , 2021

Religious Discrimination Bill 2021

religious body

means any of the following that is conducted in

accordance with the doctrines, tenets, beliefs or teachings of a

particular religion:

(a) an educational institution;

(b) a registered charity;

or primarily in commercial activities).

serious offence

: see subsection 35(2).

services

means services of any kind, including (for example) the

following:

(a) services relating to banking, insurance, superannuation and

the provision of grants, loans, credit or finance;

(b) services relating to entertainment, recreation or refreshment;

(d) services relating to telecommunications;

(e) services of the kind provided by the members of any

profession or trade;

(f) services of the kind provided by a government, a government

authority or a body established for the purposes of local

government by or under a law of a State or Territory.

statement of belief

: a statement is a

statement of belief

if:

(a) the statement:

(i) is of a religious belief held by a person; and

(ii) is made, in good faith, by written or spoken words or

other communication (other than physical contact), by

the person; and

(iii) is of a belief that the person genuinely considers to be in

accordance with the doctrines, tenets, beliefs or

teachings of that religion; or

(b) the statement:

(i) is of a belief held by a person who does not hold a

religious belief; and

(ii) is made, in good faith, by written or spoken words or

other communication (other than physical contact), by

the person; and

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Preliminary

Section 5

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(iii) is of a belief that the person genuinely considers to

relate to the fact of not holding a religious belief.

step-child

: without limiting who is a step-child of a person for the

purposes of this Act, someone who is a child of a de facto partner

of the person is the

step-child

of the person if he or she would be

the person's step-child except that the person is not legally married

to the partner.

step-parent

: without limiting who is a step-parent of a person for

the purposes of this Act, someone who is a de facto partner of a

parent of the person is the

step-parent

of the person if he or she

would be the person's step-parent except that he or she is not

legally married to the person's parent.

this Act

includes the regulations.

vilify

, in relation to a person or group of persons, means incite

hatred or violence towards the person or group.

voluntary body

means an association or other body (whether

incorporated or unincorporated), the activities of which are not

engaged in for the purpose of making a profit, but does not include:

(a) a club; or

(b) a body established by a law of the Commonwealth, a State or

a Territory; or

its members.

(2) For the purposes of paragraph (b) of the definition of

religious

belief or activity

in subsection (1), religious activity does not

include an activity that is unlawful.

(3) For the purposes of subsection (2), an activity is not unlawful

merely because a local by-law prohibits the activity.

(4) For the purposes of this Act, if one person is the child of another

person because of the definition of

child

in subsection (1),

relationships traced to or through that person are to be determined

on the basis that the person is the child of the other person.

Preliminary

Part 1

Section 6

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Religious Discrimination Bill 2021

6 Extended meaning of ground

Discrimination on the

ground

of a person's religious belief or

activity includes discrimination:

(a) on the ground of a characteristic that people who hold or

engage in the religious belief or activity generally have; and

(b) on the ground of a characteristic that people who hold or

engage in the religious belief or activity are generally

presumed to have; and

holds or engages in; and

(d) on the ground of the religious belief or activity that a person

has held or engaged in in the past, whether or not the person

still holds or engages in the religious belief or activity; and

(e) on the ground of the religious belief or activity that a person

is thought to hold or engage in, whether or not the person

holds or engages in the religious belief or activity; and

(f) on the ground of the religious belief or activity that a person

is thought to have held or engaged in in the past, whether or

not the person has held or engaged in the religious belief or

activity in the past.

Part 2

Conduct etc. that is not discrimination

Section 7

Religious Discrimination Bill 2021

No. , 2021

Part 2--Conduct etc. that is not discrimination

7 Religious bodies may generally act in accordance with their faith

etc.

What this section is about

(1) This section sets out circumstances in which a religious body's

conduct is not discrimination under this Act. Because the conduct

is not discrimination, it is therefore not unlawful under this Act in

any area of public life, including work, education, access to

premises and the provision of goods, services and accommodation.

As such, it is not necessary to consider whether the conduct comes

within an exception in Division 4 of Part 4.

Note 1:

For example, because of subsection (4), it is not discrimination for a

religious primary school to require all of its staff and students to

practice that religion, if such a requirement is necessary to avoid

injury to the religious susceptibilities of people of that religion.

Note 2:

This section does not cover the conduct of religious hospitals, aged

care facilities, accommodation providers or disability service

providers (see section 8). However, certain conduct of these bodies is

covered by section 9.

Conduct that is not discrimination by a religious body

(2) Subject to subsection (6), a religious body does not

discriminate

against a person under this Act by engaging, in good faith, in

conduct that a person of the same religion as the religious body

could reasonably consider to be in accordance with the doctrines,

tenets, beliefs or teachings of that religion.

Note 1:

Subsection (6) contains an additional requirement for religious

educational institutions in relation to conduct in the context of

employment.

Note 2:

Conduct that is not discrimination under this Act may still constitute

direct or indirect discrimination under other anti-discrimination laws

of the Commonwealth including, for example, the

Sex Discrimination

Act 1984

Conduct etc. that is not discrimination

Part 2

Section 8

No. , 2021

Religious Discrimination Bill 2021

(3) Without limiting subsection (2), conduct mentioned in that

subsection includes giving preference to persons of the same

religion as the religious body.

(4) Subject to subsection (6), a religious body does not

discriminate

against a person under this Act by engaging, in good faith, in

conduct to avoid injury to the religious susceptibilities of adherents

of the same religion as the religious body.

Note 1:

Subsection (6) contains an additional requirement for religious

educational institutions in relation to conduct in the context of

employment.

Note 2:

Conduct that is not discrimination under this Act may still constitute

direct or indirect discrimination under other anti-discrimination laws

of the Commonwealth including, for example, the

Sex Discrimination

Act 1984

(5) Without limiting subsection (4), conduct mentioned in that

subsection includes giving preference to persons of the same

religion as the religious body.

Religious educational institutions must have a publicly available

policy in relation to conduct in the context of employment

(6) If a religious body that is an educational institution engages in

conduct mentioned in subsection (2) or (4) in relation to the

matters described in section 19 (about employment):

(a) the conduct must be in accordance with a publicly available

policy; and

(b) if the Minister determines requirements under

subsection (7)--the policy, including in relation to its

availability, must comply with the requirements.

(7) The Minister may, by legislative instrument, determine

requirements for the purposes of paragraph (6)(b).

8 Certain conduct by religious hospitals, aged care facilities,

accommodation providers and disability service providers

that is not covered by section 7

Subsections 7(2) and (4) do not apply to conduct of a religious

body if the conduct is in the course of:

Part 2

Conduct etc. that is not discrimination

Section 9

Religious Discrimination Bill 2021

No. , 2021

(a) establishing, directing, controlling or administering a hospital

or aged care facility; or

(b) if the religious body solely or primarily provides

accommodation--the provision of accommodation; or

conference site that provides accommodation; or

(d) if the religious body solely or primarily provides services to

people with disability--the provision of the services.

Note 1:

However, conduct mentioned in paragraph (a), (b) or (d) does not

constitute discrimination in some circumstances (see section 9).

Note 2:

For the purposes of paragraph (c), it is not unlawful for a person

engaging, in good faith, in conduct in the course of administering etc.

religious camps or conference sites to discriminate in relation to

accommodation in some circumstances (see subsections 40(2) and

(5)).

9 Areas of public life in which the conduct of religious hospitals,

aged care facilities, accommodation providers and

disability service providers is not discrimination

What this section is about

(1) This section sets out some areas of public life (employment and

partnerships) in which the conduct of religious hospitals, aged care

facilities, accommodation providers and disability service

providers is not discrimination under this Act. Because the conduct

is not discrimination, it is therefore not unlawful under this Act in

those areas and it is not necessary to consider whether the conduct

comes within the relevant exception in Division 4 of Part 4.

Note:

For example, it is not discrimination for a religious hospital, aged care

facility, accommodation provider or disability service provider to seek

to preserve a religious ethos amongst its staff by making faith-based

decisions in relation to employment. Such conduct is therefore not

unlawful under section 19.

Kinds of religious bodies this section applies to

(2) This section applies to the following bodies:

Conduct etc. that is not discrimination

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Section 9

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Religious Discrimination Bill 2021

(a) a body (a

religious hospital

) that establishes, directs, controls

or administers a hospital in accordance with the doctrines,

tenets, beliefs or teachings of a particular religion;

(b) a body (a

religious aged care facility

) that establishes,

directs, controls or administers an aged care facility in

accordance with the doctrines, tenets, beliefs or teachings of

a particular religion;

religious accommodation provider

) that solely or

primarily provides accommodation in accordance with the

doctrines, tenets, beliefs or teachings of a particular religion;

(d) a body (a

religious disability service provider

) that solely or

primarily provides services to people with disability in

accordance with the doctrines, tenets, beliefs or teachings of

a particular religion.

Conduct by religious hospitals, aged care facilities,

accommodation providers and disability service providers in the

context of employment and partnerships is not discrimination

(3) A religious hospital, religious aged care facility, religious

accommodation provider or religious disability service provider

does not

discriminate

against a person under this Act by engaging

in conduct if:

(a) either of the following apply to the conduct:

(i) if the body is an employer--the conduct is described in

section 19 (about employment);

(ii) if the body is a partnership or a partner in a

partnership--the conduct is described in section 20

(about partnerships); and

(b) the conduct is engaged in by the body in good faith; and

consider the conduct to be in accordance with the doctrines,

tenets, beliefs or teachings of that religion; and

(d) the conduct is in accordance with a publicly available policy;

and

(e) if the Minister determines requirements under

subsection (7)--the policy, including in relation to its

availability, complies with the requirements.

Part 2

Conduct etc. that is not discrimination

Section 9

Religious Discrimination Bill 2021

No. , 2021

Note:

Conduct that is not discrimination under this Act may still constitute

direct or indirect discrimination under other anti-discrimination laws

of the Commonwealth including, for example, the

Sex Discrimination

Act 1984

(4) Without limiting subsection (3), conduct mentioned in that

subsection includes giving preference to persons of the same

religion as the body.

(5) A religious hospital, religious aged care facility, religious

accommodation provider or religious disability service provider

does not

discriminate

against a person under this Act by engaging

in conduct if:

(a) either of the following apply to the conduct:

(i) if the body is an employer--the conduct is described in

section 19 (about employment);

(ii) if the body is a partnership or a partner in a

partnership--the conduct is described in section 20

(about partnerships); and

(b) the conduct is engaged in by the body in good faith; and

injury to the religious susceptibilities of adherents of the

same religion as the body; and

(d) the conduct is in accordance with a publicly available policy;

and

(e) if the Minister determines requirements under

subsection (7)--the policy, including in relation to its

availability, complies with the requirements.

Note:

Conduct that is not discrimination under this Act may still constitute

direct or indirect discrimination under other anti-discrimination laws

of the Commonwealth including, for example, the

Sex Discrimination

Act 1984

(6) Without limiting subsection (5), conduct mentioned in that

subsection includes giving preference to persons of the same

religion as the body.

Requirements relating to publicly available policies

(7) The Minister may, by legislative instrument, determine

requirements for the purposes of paragraph (3)(e) or (5)(e).

Conduct etc. that is not discrimination

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Religious Discrimination Bill 2021

10 Reasonable conduct intended to meet a need or reduce a

disadvantage

(1) A person does not

discriminate

against another person under this

Act by engaging in conduct that:

(a) is reasonable in the circumstances; and

(b) is consistent with the purposes of this Act; and

(i) is intended to meet a need arising out of a religious

belief or activity of a person or group of persons; or

(ii) is intended to reduce a disadvantage experienced by a

person or group of persons on the basis of the person's

or group's religious beliefs or activities.

Note:

For example, a residential aged care facility or hospital does not

discriminate under this Act by providing services to meet the needs

(including dietary, cultural and religious needs) of a minority religious

group, such as a Jewish or Greek Orthodox residential aged care home

or hospital that provides services specifically for the Jewish or Greek

Orthodox community.

(2) This section applies despite anything else in this Act.

11 Conduct in relation to employment by religious educational

institutions--overriding certain State and Territory laws

(1) A religious body that is an educational institution does not

contravene a prescribed State or Territory law if:

(a) when engaging in conduct described in section 19 (about

employment), the religious body gives preference, in good

faith, to persons who hold or engage in a particular religious

belief or activity; and

(b) the conduct is in accordance with a written policy that:

(i) outlines the religious body's position in relation to

particular religious beliefs or activities; and

(ii) explains how the position in subparagraph (i) is or will

be enforced by the religious body; and

(iii) is publicly available, including at the time employment

opportunities with the religious body become available.

Part 2

Conduct etc. that is not discrimination

Section 12

Religious Discrimination Bill 2021

No. , 2021

(2) For the purposes of this section, a

prescribed State or Territory

law

means a law of a State or Territory that is prescribed under

subsection (3).

(3) The regulations may prescribe one or more laws of a State or a

Territory for the purposes of subsection (2) if the Minister is

satisfied that the law has the effect of both:

(a) prohibiting discrimination on the ground of religious belief or

activity; and

(b) preventing religious bodies that are educational institutions

from giving preference, in good faith, to persons who hold or

engage in a particular religious belief or activity when

engaging in conduct described in section 19 (about

employment).

(4) This section is intended to apply to the exclusion of a law of a State

or Territory so far as it would otherwise apply in relation to the

conduct of a religious body that is an educational institution only if

the law is prescribed under subsection (3).

Note:

If such a law is not prescribed, the law is intended to operate

concurrently with this Act, including this section, to the extent it is

capable of doing so (see section 68).

12 Statements of belief

(1) A statement of belief, in and of itself, does not:

(a) constitute discrimination for the purposes of any of the

following:

(i) this Act;

(ii) the

Age Discrimination Act 2004

;

(iii) the

Disability Discrimination Act 1992

;

(iv) the

Racial Discrimination Act 1975

;

(v) the

Sex Discrimination Act 1984

;

(vi) the

Anti-Discrimination Act 1977

(NSW);

(vii) the

Equal Opportunity Act 2010

(Vic.);

(viii) the

Anti-Discrimination Act 1991

(Qld);

(ix) the

Equal Opportunity Act 1984

(WA);

(x) the

Equal Opportunity Act 1984

(SA);

Conduct etc. that is not discrimination

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Section 12

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Religious Discrimination Bill 2021

(xi) the

Anti-Discrimination Act 1998

(Tas.);

(xii) the

Discrimination Act 1991

(ACT);

(xiii) the

Anti-Discrimination Act

(NT); or

(b) contravene subsection 17(1) of the

Anti-Discrimination Act

1998

(Tas.); or

for the purposes of this paragraph.

Note:

This section does not protect a statement that has no relationship to

religious belief (see the definition of

statement of belief

subsection 5(1)).

(2) Subsection (1) does not apply to a statement of belief:

(a) that is malicious; or

(b) that a reasonable person would consider would threaten,

intimidate, harass or vilify a person or group; or

Note 1:

A moderately expressed religious view that does not incite hatred or

violence would not constitute vilification.

Note 2:

Paragraph 35(1)(b) covers expressions of religious belief that a

reasonable person, having regard to all the circumstances, would

conclude counsel, promote, encourage or urge conduct that would

constitute a serious offence.

Part 3

Concept of discrimination on the ground of religious belief or activity

Section 13

Religious Discrimination Bill 2021

No. , 2021

Part 3--Concept of discrimination on the ground of

religious belief or activity

13 Discrimination on the ground of religious belief or activity--

direct discrimination

A person

discriminates

against another person on the ground of the

other person's religious belief or activity if:

(a) the person treats, or proposes to treat, the other person less

favourably than the person treats, or would treat, another

person who does not hold or engage in the religious belief or

activity in circumstances that are not materially different; and

(b) the reason for the less favourable treatment is the other

person's religious belief or activity.

14 Discrimination on the ground of religious belief or activity--

indirect discrimination

Indirect discrimination

(1) A person

discriminates

against another person on the ground of the

other person's religious belief or activity if:

(a) the person imposes, or proposes to impose, a condition,

requirement or practice; and

(b) the condition, requirement or practice has, or is likely to

have, the effect of disadvantaging persons who hold or

engage in the same religious belief or activity as the other

person; and

Considerations relating to reasonableness

(2) Whether a condition, requirement or practice is reasonable depends

on all the relevant circumstances of the case, including the

following:

Concept of discrimination on the ground of religious belief or activity

Part 3

Section 15

No. , 2021

Religious Discrimination Bill 2021

(a) the nature and extent of the disadvantage resulting from the

imposition, or proposed imposition, of the condition,

requirement or practice;

(b) the feasibility of overcoming or mitigating the disadvantage;

by the person who imposes, or proposes to impose, the

condition, requirement or practice.

15 Discrimination on the ground of religious belief or activity--

qualifying body conduct rules

(1) A qualifying body

discriminates

against a person on the ground of

the person's religious belief or activity if:

(a) the qualifying body imposes, or proposes to impose, a

condition, requirement or practice (a

qualifying body

conduct rule

) on persons seeking or holding an authorisation

or qualification from the qualifying body that relates to

standards of behaviour of those persons; and

(b) the qualifying body conduct rule has, or is likely to have, the

effect of restricting or preventing the person from making a

statement of belief other than in the course of the person

practising in the relevant profession, carrying on the relevant

trade or engaging in the relevant occupation.

(2) However, a qualifying body does not

discriminate

against a person

under subsection (1) if compliance with the qualifying body

conduct rule by the person is an essential requirement of the

profession, trade or occupation.

(3) Subsection (1) does not apply to a statement of belief:

(a) that is malicious; or

(b) that a reasonable person would consider would threaten,

intimidate, harass or vilify a person or group; or

Note 1:

A moderately expressed religious view that does not incite hatred or

violence would not constitute vilification.

Note 2:

Paragraph 35(1)(b) covers expressions of religious belief that a

reasonable person, having regard to all the circumstances, would

Part 3

Concept of discrimination on the ground of religious belief or activity

Section 16

Religious Discrimination Bill 2021

No. , 2021

conclude counsel, promote, encourage or urge conduct that would

constitute a serious offence.

Section does not limit section 14

(4) This section does not limit section 14 (about indirect

discrimination).

16 Discrimination extends to persons associated with individuals

who hold or engage in a religious belief or activity

(1) This Act (other than section 15 and Part 2) applies to a person who

has an association with an individual who holds or engages in a

religious belief or activity in the same way as it applies to a person

who holds or engages in a religious belief or activity.

Note:

It is therefore unlawful under this Act to discriminate against a person

(irrespective of whether they hold or engage in a religious belief or

activity) in the areas of public life that the Act covers on the basis of

the person's association with someone who does hold or engage in a

religious belief or activity.

Example: It is unlawful, under section 19, for an employer to discriminate

against an employee on the ground of a religious belief or activity of

the employee's spouse.

(2) Without limiting subsection (1), a person that is an individual has

association

with another individual if:

(a) the other individual is a near relative of the person; or

(b) the person lives with the other individual on a genuine

domestic basis; or

with the person; or

(d) the other individual is in an ongoing recreational relationship

with the person; or

(e) the person and the other individual are members of the same

unincorporated association.

(3) For the purposes of subsection (1), a person that is a body

corporate has an

association

with an individual if a reasonable

person would closely associate the body corporate with that

individual.

Concept of discrimination on the ground of religious belief or activity

Part 3

Section 17

No. , 2021

Religious Discrimination Bill 2021

17 Conduct engaged in for 2 or more reasons

If:

(a) conduct is engaged in for 2 or more reasons; and

(b) one of the reasons is a person's religious belief or activity

(whether or not it is the dominant or a substantial reason for

the conduct);

then, for the purposes of this Act, the conduct is taken to be

engaged in for that reason.

Part 4

Unlawful discrimination

Division 1

Introduction

Section 18

Religious Discrimination Bill 2021

No. , 2021

Part 4--Unlawful discrimination

Division 1--Introduction

18 Introduction

(1) This Part sets out when discrimination on the ground of a person's

religious belief or activity is unlawful.

Note:

Complaints can be made to the Australian Human Rights Commission

about conduct that is unlawful under this Part (see the definition of

unlawful discrimination

in subsection 3(1) of the

Australian Human

Rights Commission Act 1986

, and section 46P of that Act).

(2) There are some exceptions to unlawful discrimination. These are

set out in Division 4. The Commission may also grant certain

exemptions (see Subdivision D of Division 4).

(3) Certain conduct that is engaged in by religious bodies on the

ground of a person's religious belief or activity is not

discrimination under this Act and is therefore not covered by this

Part (see Part 2).

(4) Certain statements of belief also do not constitute discrimination

for the purposes of specified legislation, including this Act. Such

statements are also not covered by this Part (see section 12).

Unlawful discrimination

Part 4

Discrimination in work

Division 2

Section 19

No. , 2021

Religious Discrimination Bill 2021

Division 2--Discrimination in work

19 Employment

Discrimination in relation to hiring etc.

(1) It is unlawful for an employer to discriminate against another

person on the ground of the other person's religious belief or

activity:

(a) in the arrangements made for the purpose of determining who

should be offered employment; or

(b) in determining who should be offered employment; or

Note:

The word

employment

has an extended meaning in this Act and

includes, for example, contract work and work on commission (see

subsection 5(1)). The words

employer

and

employee

have similarly

extended meanings (see section 18A of the

Acts Interpretation Act

1901

Discrimination in relation to terms and conditions of employment

etc.

(2) It is unlawful for an employer to discriminate against an employee

on the ground of the employee's religious belief or activity:

(a) in the terms or conditions of employment that the employer

affords the employee; or

(b) by denying the employee access, or limiting the employee's

access, to opportunities for promotion, transfer or training, or

to any other benefits associated with employment; or

(d) by subjecting the employee to any other detriment.

20 Partnerships

Discrimination in relation to forming partnerships etc.

(1) It is unlawful for 3 or more persons who are proposing to form

themselves into a partnership to discriminate against another

Part 4

Unlawful discrimination

Division 2

Discrimination in work

Section 21

Religious Discrimination Bill 2021

No. , 2021

person on the ground of the other person's religious belief or

activity:

(a) in determining who should be invited to become a partner in

the partnership; or

(b) in the terms or conditions on which the other person is

invited to become a partner in the partnership.

(2) It is unlawful for any one or more of the partners in a partnership

consisting of 3 or more partners to discriminate against another

person on the ground of the other person's religious belief or

activity:

(a) in determining who should be invited to become a partner in

the partnership; or

(b) in the terms or conditions on which the other person is

invited to become a partner in the partnership.

Discrimination against partner

(3) It is unlawful for any one or more of the partners in a partnership

consisting of 3 or more partners to discriminate against another

partner in the partnership on the ground of the other partner's

religious belief or activity:

(a) by denying the other partner access, or limiting the other

partner's access, to any benefit arising from being a partner

in the partnership; or

(b) by expelling the other partner from the partnership; or

21 Qualifying bodies

It is unlawful for a qualifying body to discriminate against a person

on the ground of the person's religious belief or activity:

(a) by refusing or failing to confer, renew, extend or vary an

authorisation or qualification; or

(b) in the terms or conditions on which the qualifying body is

prepared to confer, renew, extend or vary an authorisation or

qualification; or

qualification.

Unlawful discrimination

Part 4

Discrimination in work

Division 2

Section 22

No. , 2021

Religious Discrimination Bill 2021

22 Registered organisations

Discrimination in relation to applications for membership

(1) It is unlawful for a registered organisation, the committee of

management of a registered organisation or a member of the

committee of management of a registered organisation to

discriminate against another person, on the ground of the person's

religious belief or activity:

(a) by refusing or failing to accept the person's application for

membership; or

(b) in the terms or conditions on which the organisation is

prepared to admit the person to membership.

Discrimination against members

(2) It is unlawful for a registered organisation, the committee of

management of a registered organisation or a member of the

committee of management of a registered organisation to

discriminate against a person who is a member of the registered

organisation, on the ground of the member's religious belief or

activity:

(a) by denying the member access, or limiting the member's

access, to any benefit provided by the organisation; or

(b) by depriving the member of membership or varying the terms

of the member's membership; or

Meaning of registered organisation

(3) In this section:

registered organisation

means an organisation registered under the

Fair Work (Registered Organisations) Act 2009

23 Employment agencies

It is unlawful for an employment agency to discriminate against a

person on the ground of the person's religious belief or activity:

(a) by refusing to provide the person with any of its services; or

Unlawful discrimination

Part 4

Discrimination in other areas

Division 3

Section 24

No. , 2021

Religious Discrimination Bill 2021

Division 3--Discrimination in other areas

24 Education

(1) It is unlawful for an educational institution to discriminate against

a person on the ground of the person's religious belief or activity:

(a) by refusing or failing to accept the person's application for

admission as a student; or

(b) in the terms or conditions on which it is prepared to admit the

person as a student.

(2) It is unlawful for an educational institution to discriminate against

a student on the ground of the student's religious belief or activity:

(a) by denying the student access, or limiting the student's

access, to any benefit provided by the educational institution;

(b) by expelling the student; or

25 Access to premises

It is unlawful for a person to discriminate against another person

on the ground of the other person's religious belief or activity:

(a) by refusing to allow the other person access to, or the use of,

any premises that the public or a section of the public is

entitled or allowed to enter or use (whether for payment or

not); or

(b) in the terms or conditions on which the person is prepared to

allow the other person access to, or the use of, any such

premises; or

in such premises that the public or a section of the public is

entitled or allowed to use (whether for payment or not); or

(d) in the terms or conditions on which the person is prepared to

allow the other person the use of any such facilities; or

(e) by requiring the other person to leave such premises or cease

to use such facilities.

Part 4

Unlawful discrimination

Division 3

Discrimination in other areas

Section 26

Religious Discrimination Bill 2021

No. , 2021

26 Goods, services and facilities

It is unlawful for a person who, whether for payment or not,

provides goods or services, or makes facilities available, to

discriminate against another person on the ground of the other

person's religious belief or activity:

(a) by refusing to provide the other person with those goods or

services or to make those facilities available to the other

person; or

(b) in the terms or conditions on which the person provides the

other person with those goods or services or makes those

facilities available to the other person; or

with those goods or services or makes those facilities

available to the other person.

27 Accommodation

(1) It is unlawful for a person, whether as principal or agent, to

discriminate against another person on the ground of the other

person's religious belief or activity:

(a) by refusing the other person's application for

accommodation; or

(b) in the terms or conditions on which the accommodation is

offered to the other person; or

accommodation or according to the other person a lower

order of precedence in any list of applicants for that

accommodation.

(2) It is unlawful for a person, whether as principal or agent, to

discriminate against another person on the ground of the other

person's religious belief or activity:

(a) by denying the other person access, or limiting the other

person's access, to any benefit associated with

accommodation occupied by the other person; or

(b) by evicting the other person from accommodation occupied

by the other person; or

Unlawful discrimination

Part 4

Discrimination in other areas

Division 3

Section 28

No. , 2021

Religious Discrimination Bill 2021

relation to accommodation occupied by the other person.

28 Land

It is unlawful for a person, whether as principal or agent, to

discriminate against another person on the ground of the other

person's religious belief or activity:

(a) by refusing or failing to dispose of an estate or interest in

land to the other person; or

(b) in the terms or conditions on which an estate or interest in

land is offered to the other person.

29 Sport

It is unlawful for a person to discriminate against another person

on the ground of the other person's religious belief or activity by

excluding that other person from participation in a sporting activity

(including umpiring, coaching and administration of sporting

activities).

30 Clubs

(1) It is unlawful for a club, the committee of management of a club or

a member of the committee of management of a club to

discriminate against a person who is not a member of the club on

the ground of the person's religious belief or activity:

(a) by refusing or failing to accept the person's application for

membership; or

(b) in the terms or conditions on which the club is prepared to

admit the person to membership.

(2) It is unlawful for a club, the committee of management of a club or

a member of the committee of management of a club to

discriminate against a person who is a member of the club on the

ground of the member's religious belief or activity:

(a) in the terms or conditions of membership that are afforded to

the member; or

Part 4

Unlawful discrimination

Division 3

Discrimination in other areas

Section 31

Religious Discrimination Bill 2021

No. , 2021

(b) by refusing or failing to accept the member's application for

a particular class or type of membership; or

access to any benefit provided by the club; or

(d) by depriving the member of membership or varying the terms

of membership; or

(e) by subjecting the member to any other detriment.

31 Requesting or requiring information

It is unlawful for a person (the

first person

) to request or require

another person to provide information if:

(a) the first person requests or requires the information for the

purpose of engaging in conduct in relation to the other

person; and

(b) the conduct would be unlawful under another provision of

this Part.

Example: It is unlawful under section 19 to refuse to employ a person on the

ground of the person's religious belief or activity. Under this section,

it is therefore also unlawful to ask a person in a job interview if they

are religious if the question is asked for the purposes of determining

whether to employ the person.

32 Commonwealth laws and programs

It is unlawful for a person who:

(a) performs any function or exercises any power:

(i) under a law of the Commonwealth; or

(ii) for the purposes of a program conducted by or on behalf

of the Commonwealth; or

(b) has any other responsibility for:

(i) the administration of a law of the Commonwealth; or

(ii) the conduct of a program conducted by or on behalf of

the Commonwealth;

to discriminate against another person on the ground of the other

person's religious belief or activity in performing that function,

exercising that power or fulfilling that responsibility.

Unlawful discrimination

Part 4

Discrimination in other areas

Division 3

Section 33

No. , 2021

Religious Discrimination Bill 2021

33 Victimisation

Victimisation--actual detriment

(1) It is unlawful for a person (the

first person

) to engage in conduct

that causes detriment to another person (the

second person

) if the

first person engages in the conduct because he or she believes that:

(a) the second person has made, or proposes to make, a

complaint under the

Australian Human Rights Commission

Act 1986

; or

(b) the second person has brought, or proposes to bring,

proceedings under the

Australian Human Rights Commission

Act 1986

against any person; or

information, or has produced, or proposes to produce, any

documents to a person exercising or performing any power or

function under this Act or the

Australian Human Rights

Commission Act 1986

; or

(d) the second person has attended, or proposes to attend, a

conference held under the

Australian Human Rights

Commission Act 1986

; or

(e) the second person has appeared, or proposes to appear, as a

witness in a proceeding under this Act or the

Australian

Human Rights Commission Act 1986

; or

(f) the second person has reasonably asserted, or proposes to

assert, any rights of the second person, or of any other

person, under this Act or the

Australian Human Rights

Commission Act 1986

; or

(g) the second person has made an allegation that a person has

engaged in conduct that is unlawful by reason of a provision

of this Part (other than this section).

Note:

See also section 50 (offence of victimisation).

Victimisation--threat of detriment

(2) It is unlawful for a person (the

first person

) to make to another

person (the

second person

) a threat to cause detriment to the

second person or to any other person if the first person makes the

Part 4

Unlawful discrimination

Division 3

Discrimination in other areas

Section 33

Religious Discrimination Bill 2021

No. , 2021

threat because he or she believes a matter mentioned in any of the

paragraphs in subsection (1).

Note:

See also section 50 (offence of victimisation).

(3) For the purposes of subsection (2), a threat may be:

(a) express or implied; or

(b) conditional or unconditional.

Unlawful discrimination

Part 4

Exceptions and exemptions

Division 4

Section 34

No. , 2021

Religious Discrimination Bill 2021

Division 4--Exceptions and exemptions

Subdivision A--Introduction

34 Certain conduct by religious bodies is not covered by this

Division

Certain conduct by religious bodies is not discrimination under

Division 2 or 3 of this Part, and it is therefore not necessary for the

conduct to come within an exception in this Division (see Part 2).

Subdivision B--General exceptions

35 Counselling, promoting etc. a serious offence

(1) Divisions 2 and 3 do not make it unlawful to discriminate against a

person on the ground of the person's religious belief or activity if:

(a) the person has expressed a particular religious belief; and

(b) a reasonable person, having regard to all the circumstances,

would conclude that, in expressing the belief, the person is

counselling, promoting, encouraging or urging conduct that

would constitute a serious offence; and

assume that the person holds the particular belief.

(2)

Serious offence

means an offence involving harm (within the

meaning of the

Criminal Code

), or financial detriment, that is

punishable by imprisonment for 2 years or more under a law of the

Commonwealth, a State or a Territory.

36 Conferring charitable benefits

(1) Nothing in Division 2 or 3:

(a) affects a provision of the governing rules (within the meaning

of the

Australian Charities and Not-for-profits Commission

Act 2012

) of a registered charity, if the provision:

(i) confers charitable benefits; or

(ii) enables charitable benefits to be conferred;

Part 4

Unlawful discrimination

Division 4

Exceptions and exemptions

Section 37

Religious Discrimination Bill 2021

No. , 2021

wholly or in part on persons who hold or engage in a

particular religious belief or activity; or

(b) makes unlawful any conduct engaged in to give effect to such

a provision.

(2) Nothing in Division 2 or 3:

(a) affects a provision of a deed, will or other instrument, if the

provision:

(i) confers charitable benefits; or

(ii) enables charitable benefits to be conferred;

wholly or in part on persons who hold or engage in a

particular religious belief or activity; or

(b) makes unlawful any conduct engaged in to give effect to such

a provision.

37 Conduct in direct compliance with certain legislation etc.

Provisions of Commonwealth Acts etc.

(1) Nothing in Division 2 or 3 makes it unlawful for a person to

discriminate against another person, on the ground of the other

person's religious belief or activity, if:

(a) the conduct constituting the discrimination is in direct

compliance with a provision of a law of the Commonwealth,

or of an instrument made under such a law; and

(b) that provision is not prescribed by the regulations for the

purposes of this paragraph.

Law enforcement, national security and intelligence functions etc.

(2) Nothing in Division 2 or 3 makes it unlawful for a person to

discriminate against another person, on the ground of the other

person's religious belief or activity, if:

(a) the person is performing a function or exercising a power

relating to law enforcement, national security or intelligence

under a law or program of the Commonwealth; and

(b) the conduct constituting the discrimination is reasonably

necessary in performing the function or exercising the power.

Unlawful discrimination

Part 4

Exceptions and exemptions

Division 4

Section 38

No. , 2021

Religious Discrimination Bill 2021

State and Territory Acts etc.

(3) Nothing in Division 2 or 3 makes it unlawful for a person to

discriminate against another person, on the ground of the other

person's religious belief or activity, if:

(a) the conduct constituting the discrimination is in direct

compliance with a provision of a law of a State or a

Territory; and

(b) that provision is not prescribed by the regulations for the

purposes of this paragraph.

(4) Despite subsection 14(2) of the

Legislation Act 2003

, regulations

made for the purposes of paragraph (3)(b) of this section may

prescribe a provision of a law of a State or a Territory as in force at

a particular time or as in force from time to time.

Meaning of national security

(5) In this section:

national security

has the meaning given by the

National Security

Information (Criminal and Civil Proceedings) Act 2004

and

includes granting, revoking or denying Australian Government

security clearances (within the meaning of the

Criminal Code

38 Orders, determinations and industrial instruments

Nothing in Division 2 or 3 makes it unlawful for a person to

discriminate against another person, on the ground of the other

person's religious belief or activity, if the conduct constituting the

discrimination is in direct compliance with any of the following:

(a) an order of a court or tribunal;

(b) without limiting paragraph (a)--an order, determination or

award of a court or tribunal that has power to fix minimum

wages or other terms and conditions of employment;

(i) a fair work instrument (within the meaning of the

Fair

Work Act 2009

); or

(ii) a transitional instrument or Division 2B State

instrument (within the meaning of the

Fair Work

Part 4

Unlawful discrimination

Division 4

Exceptions and exemptions

Section 39

Religious Discrimination Bill 2021

No. , 2021

(Transitional Provisions and Consequential

Amendments) Act 2009

Subdivision C--Specific exceptions relating to particular areas

of public life

39 Exceptions relating to work

Exception--domestic duties

(1) Paragraphs 19(1)(a) and (b) (about offering employment) do not

make it unlawful for a person (the

first person

) to discriminate

against another person, on the ground of the other person's

religious belief or activity, in connection with employment to

perform domestic duties on the premises on which the first person

resides.

Exception--inherent requirements

(2) Sections 19 (about employment) and 20 (about partnerships) do not

make it unlawful for a person (the

first person

) to discriminate

against another person, on the ground of the other person's

religious belief or activity, if:

(a) the discrimination is in connection with a position as an

employee or partner; and

(b) because of the other person's religious belief or activity, the

other person is unable to carry out the inherent requirements

of the employment or partnership.

(3) Subsection (2) does not apply in relation to discrimination referred

to in paragraph 19(2)(b) or (d) or 20(3)(a) or (c), other than

discrimination in determining who should be offered promotion or

transfer.

(4) Section 21 (about qualifying bodies) does not make it unlawful for

a qualifying body to discriminate against a person, on the ground

of the person's religious belief or activity, if the person is unable to

carry out the inherent requirements of the relevant profession, trade

or occupation because of the person's religious belief or activity.

Unlawful discrimination

Part 4

Exceptions and exemptions

Division 4

Section 40

No. , 2021

Religious Discrimination Bill 2021

(5) Section 23 (about employment agencies) does not make it unlawful

for an employment agency to discriminate against a person, on the

ground of the person's religious belief or activity, if the person is

unable to carry out the inherent requirements of the work sought

because of the person's religious belief or activity.

Employee includes prospective employee

(6) In this section, a reference to an employee includes a reference to a

prospective employee.

40 Exceptions relating to accommodation and facilities

Exception--accommodation provider who is resident etc.

(1) Section 27 (about accommodation) does not apply to or in respect

of the provision of accommodation in premises if:

(a) the person who provides, or proposes to provide, the

accommodation or a near relative of that person resides, and

intends to continue to reside on those premises; and

(b) the accommodation provided in those premises is for no more

than 3 persons, other than a person mentioned in

paragraph (a) or near relatives of such a person.

Exception--religious camps and conference sites

(2) Sections 26, to the extent it relates to making facilities available,

and 27 (about accommodation) do not make it unlawful for a

person (the

first person

) to discriminate against another person, on

the ground of the other person's religious belief or activity, if:

(a) the conduct constituting the discrimination is in the course of

establishing, directing, controlling or administering a camp or

conference site that:

(i) provides accommodation; and

(ii) is conducted in accordance with the doctrines, tenets,

beliefs or teachings of a particular religion; and

(b) the conduct is engaged in by the first person in good faith;

and

Part 4

Unlawful discrimination

Division 4

Exceptions and exemptions

Section 40

Religious Discrimination Bill 2021

No. , 2021

reasonably consider the conduct to be in accordance with the

doctrines, tenets, beliefs or teachings of that religion; and

(d) the conduct is in accordance with a publicly available policy

issued by the first person; and

(e) if the Minister determines requirements under

subsection (3)--the policy, including in relation to its

availability, complies with the requirements.

(3) The Minister may, by legislative instrument, determine

requirements for the purposes of paragraph (2)(e).

(4) Without limiting subsection (2), conduct mentioned in that

subsection includes giving preference to persons of the same

religion as the first person.

(5) Sections 26, to the extent it relates to making facilities available,

and 27 (about accommodation) do not make it unlawful for a

person (the

first person

) to discriminate against another person, on

the ground of the other person's religious belief or activity, if:

(a) the conduct constituting the discrimination is in the course of

establishing, directing, controlling or administering a camp or

conference site that:

(i) provides accommodation; and

(ii) is conducted in accordance with the doctrines, tenets,

beliefs or teachings of a particular religion; and

(b) the first person engages, in good faith, in the conduct to avoid

injury to the religious susceptibilities of adherents of the

same religion as the first person; and

and

(d) if the Minister determines requirements under

subsection (6)--the policy, including in relation to its

availability, complies with the requirements.

(6) The Minister may, by legislative instrument, determine

requirements for the purposes of paragraph (5)(d).

Unlawful discrimination

Part 4

Exceptions and exemptions

Division 4

Section 41

No. , 2021

Religious Discrimination Bill 2021

(7) Without limiting subsection (5), conduct mentioned in that

subsection includes giving preference to persons of the same

religion as the first person.

41 Exception for disposal of land

Section 28 (about land) does not apply in relation to a disposal of

an estate or interest in land by will or by way of gift.

42 Exception relating to clubs

Section 30 (about clubs) does not make it unlawful to discriminate

against a person, on the ground of the person's religious belief or

activity, if membership (however described) of the club is

restricted to persons who hold or engage in a particular religious

belief or activity and the person does not hold or engage in that

religious belief or activity.

43 Exception relating to voluntary bodies

(1) This section applies to voluntary bodies whose membership

(however described) is restricted to persons who hold or engage in

a particular religious belief or activity.

(2) Divisions 2 and 3 do not make it unlawful for a voluntary body to

discriminate against a person, on the ground of the person's

religious belief or activity, in connection with:

(a) the admission of persons as members of the body; or

(b) the provision of benefits, facilities or services to members of

the body.

Subdivision D--Exemptions granted by the Commission

44 Commission may grant exemptions

(1) The Commission may, by notifiable instrument, grant to a person

or body an exemption from the operation of a provision of

Division 2 or 3.

(2) The exemption must:

Part 4

Unlawful discrimination

Division 4

Exceptions and exemptions

Section 45

Religious Discrimination Bill 2021

No. , 2021

(a) specify the persons or bodies covered by the exemption; and

(b) specify the provision or provisions to which the exemption

applies; and

years, starting from when the exemption takes effect).

(3) The exemption may:

(a) be granted subject to such terms and conditions as are

specified in the instrument of exemption; and

(b) be expressed to apply only in such circumstances, or in

relation to such activities, as are specified in the instrument

of exemption.

45 Applying for an exemption

(1) One or more persons or bodies may apply to the Commission for

the granting of an exemption under section 44.

(2) The application must be in a form approved, in writing, by the

Commission.

46 Effect of exemptions

This Part does not make it unlawful for:

(a) a person or body that is covered by an exemption granted

under section 44; or

(b) a person employed by, or under the direction or control of, a

person or body that is covered by an exemption granted

under section 44;

to engage in conduct in accordance with the exemption.

47 Variation and revocation of exemptions

(1) The Commission or the Minister may, by notifiable instrument,

vary or revoke an exemption granted under section 44.

(2) The variation or revocation takes effect on the day specified in the

notifiable instrument.

Unlawful discrimination

Part 4

Exceptions and exemptions

Division 4

Section 48

No. , 2021

Religious Discrimination Bill 2021

48 Review by Administrative Appeals Tribunal

Applications may be made to the Administrative Appeals Tribunal

for review of the following decisions:

(a) decisions of the Commission under section 44;

(b) decisions of the Commission under section 47;

Part 5

Offences

Section 49

Religious Discrimination Bill 2021

No. , 2021

Part 5--Offences

49 Unlawful conduct is not an offence unless expressly provided

Except as expressly provided by this Part, nothing in this Act

makes it an offence to engage in conduct that is unlawful because

of a provision of Part 4.

50 Victimisation

Victimisation--actual detriment

(1) A person (the

first person

) commits an offence if:

(a) the first person engages in conduct; and

(b) the first person's conduct causes detriment to another person

(the

second person

); and

detriment to the second person; and

(d) the first person engages in his or her conduct because he or

she believes that:

(i) the second person has made, or proposes to make, a

complaint under the

Australian Human Rights

Commission Act 1986

; or

(ii) the second person has brought, or proposes to bring,

proceedings under the

Australian Human Rights

Commission Act 1986

against any person; or

(iii) the second person has given, or proposes to give, any

information, or has produced, or proposes to produce,

any documents to a person exercising or performing any

power or function under this Act or the

Australian

Human Rights Commission Act 1986

; or

(iv) the second person has attended, or proposes to attend, a

conference held under the

Australian Human Rights

Commission Act 1986

; or

Offences

Part 5

Section 50

No. , 2021

Religious Discrimination Bill 2021

(v) the second person has appeared, or proposes to appear,

as a witness in a proceeding under this Act or the

Australian Human Rights Commission Act 1986

; or

(vi) the second person has reasonably asserted, or proposes

to assert, any rights of the second person, or of any

other person, under this Act or the

Australian Human

Rights Commission Act 1986

; or

(vii) the second person has made an allegation that a person

has engaged in conduct that is unlawful by reason of a

provision of Part 4 of this Act.

Note:

Complaints can be made to the Commission about conduct that is an

offence under this subsection (see the definition of

unlawful

discrimination

in subsection 3(1) of the

Australian Human Rights

Commission Act 1986

, and section 46P of that Act).

Penalty: Imprisonment for 6 months or 30 penalty units, or both.

Victimisation--threat of detriment

(2) A person (the

first person

) commits an offence if:

(a) the first person makes to another person (the

second person

)

a threat to cause detriment to the second person or to any

other person; and

(b) the first person:

(i) intends the second person to fear that the threat will be

carried out; or

(ii) is reckless as to causing the second person to fear that

the threat will be carried out; and

matter mentioned in paragraph (1)(d).

Note:

Complaints can be made to the Commission about conduct that is an

offence under this subsection (see the definition of

unlawful

discrimination

in subsection 3(1) of the

Australian Human Rights

Commission Act 1986

, and section 46P of that Act).

Penalty: Imprisonment for 6 months or 30 penalty units, or both.

(3) For the purposes of subsection (2), a threat may be:

(a) express or implied; or

(b) conditional or unconditional.

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Offences

Section 51

Religious Discrimination Bill 2021

No. , 2021

(4) In a prosecution for an offence against subsection (2), it is not

necessary to prove that the person threatened actually feared that

the threat would be carried out.

51 Advertisements

A person commits an offence if:

(a) the person publishes or displays an advertisement or notice,

or causes or permits an advertisement or notice to be

published or displayed; and

(b) the advertisement or notice indicates, or could reasonably be

understood to indicate, an intention to engage in conduct that

would be unlawful under Part 4.

Note:

Complaints can be made to the Commission about conduct that is an

offence under this section (see the definition of

unlawful

discrimination

in subsection 3(1) of the

Australian Human Rights

Commission Act 1986

, and section 46P of that Act).

Penalty: 10 penalty units.

Religious Discrimination Commissioner

Part 6

Section 52

No. , 2021

Religious Discrimination Bill 2021

Part 6--Religious Discrimination Commissioner

52 Religious Discrimination Commissioner

(1) There is to be a Religious Discrimination Commissioner.

(2) The Commissioner is to be appointed by the Governor-General by

written instrument.

Note:

The Commissioner may be reappointed: see section 33AA of the

Acts

Interpretation Act 1901

(3) The Commissioner may be appointed on either a full-time or

part-time basis.

(4) A person is not qualified to be appointed as the Commissioner

unless the Minister is satisfied that the person has appropriate

qualifications, knowledge or experience.

53 Term of appointment

The Commissioner holds office for the period specified in the

instrument of appointment. The period must not exceed 7 years.

54 Remuneration of Commissioner

(1) The Commissioner is to be paid the remuneration that is

determined by the Remuneration Tribunal. If no determination of

that remuneration by the Tribunal is in operation, the

Commissioner is to be paid the remuneration that is prescribed by

the regulations.

(2) The Commissioner is to be paid the allowances that are prescribed

by the regulations.

(3) Subsections 7(9) and (13) of the

Remuneration Tribunal Act 1973

do not apply in relation to the office of the Commissioner.

Note:

The effect of this subsection is that remuneration or allowances of the

Commissioner will be paid out of money appropriated by an Act other

than the

Remuneration Tribunal Act 1973

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Religious Discrimination Commissioner

Section 55

Religious Discrimination Bill 2021

No. , 2021

(4) This section has effect subject to the

Remuneration Tribunal Act

1973

(except as provided by subsection (3) of this section).

55 Leave of absence

(1) If the Commissioner is appointed on a full-time basis:

(a) the Commissioner has the recreation leave entitlements that

are determined by the Remuneration Tribunal; and

(b) the Minister may grant the Commissioner leave of absence,

other than recreation leave, on the terms and conditions as to

remuneration or otherwise that the Minister determines.

(2) If the Commissioner is appointed on a part-time basis, the Minister

may grant leave of absence to the Commissioner on the terms and

conditions that the Minister determines.

56 Outside employment

(1) If the Commissioner is appointed on a full-time basis, the

Commissioner must not engage in paid work outside the duties of

the Commissioner's office without the Minister's approval.

(2) If the Commissioner is appointed on a part-time basis, the

Commissioner must not engage in any paid work that, in the

Minister's opinion, conflicts, or could conflict, with the proper

performance of the Commissioner's duties.

57 Other terms and conditions of appointment

The Commissioner holds office on the terms and conditions (if

any), in relation to matters not covered by this Act, that are

determined by the Governor-General.

58 Resignation

(1) The Commissioner may resign the Commissioner's appointment

by giving the Governor-General a written resignation.

Religious Discrimination Commissioner

Part 6

Section 59

No. , 2021

Religious Discrimination Bill 2021

(2) The resignation takes effect on the day it is received by the

Governor-General or, if a later day is specified in the written

resignation, on that later day.

59 Termination

(1) The Governor-General may terminate the appointment of the

Commissioner:

(a) for misbehaviour; or

(b) if the Commissioner is unable to perform the duties of the

Commissioner's office because of physical or mental

incapacity.

(2) The Governor-General must terminate the appointment of the

Commissioner:

(a) if the Commissioner:

(i) becomes bankrupt; or

(ii) takes steps to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with one or more of the Commissioner's

creditors; or

(iv) makes an assignment of the Commissioner's

remuneration for the benefit of one or more of the

Commissioner's creditors; or

(b) if the Commissioner is appointed on a full-time basis--if the

Commissioner is absent from duty, except on leave of

absence, for 14 consecutive days or for 28 days in any period

of 12 months; or

Commissioner engages in paid work outside the duties of the

Commissioner's office without the Minister's approval; or

(d) if the Commissioner is appointed on a part-time basis--if the

Commissioner is absent, except on leave of absence, for 3

consecutive meetings of the Commission; or

(e) if the Commissioner is appointed on a part-time basis--if the

Commissioner engages in paid work outside the duties of the

office of Commissioner that, in the Minister's opinion,

Part 6

Religious Discrimination Commissioner

Section 60

Religious Discrimination Bill 2021

No. , 2021

conflicts, or could conflict, with the proper performance of

the Commissioner's duties.

60 Acting Commissioner

(1) The Minister may, by written instrument, appoint a person to act as

the Commissioner:

(a) during a vacancy in the office of the Commissioner (whether

or not an appointment has previously been made to the

office); or

(b) during any period, or during all periods, when the

Commissioner:

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the functions of the

office.

Note:

For rules that apply to acting appointments, see sections 33AB and

33A of the

Acts Interpretation Act 1901

(2) A person is not qualified to be appointed under subsection (1)

unless the Minister is satisfied that the person has appropriate

qualifications, knowledge or experience.

Functions of the Australian Human Rights Commission

Part 7

Section 61

No. , 2021

Religious Discrimination Bill 2021

Part 7--Functions of the Australian Human Rights

Commission

61 Functions of the Commission

The following functions are conferred on the Commission:

(a) to exercise the powers conferred on it by section 44 (about

granting exemptions);

(b) to promote an understanding and acceptance of, and

compliance with, this Act;

programs, on behalf of the Commonwealth for the purpose of

promoting the objects of this Act;

(d) to examine enactments (within the meaning of the

Australian

Human Rights Commission Act 1986

) to determine whether

those enactments are inconsistent with or contrary to the

objects of this Act;

(e) at the request of the Minister, to examine proposed

enactments (within the meaning of the

Australian Human

Rights Commission Act 1986

) to determine whether those

enactments would be inconsistent with or contrary to the

objects of this Act;

(f) to report to the Minister the result of examinations conducted

for the purposes of paragraph (d) or (e);

(g) on its own initiative or at the request of the Minister, to report

to the Minister as to the laws that should be made by the

Parliament, or action that should be taken by the

Commonwealth, on matters relating to discrimination on the

ground of religious belief or activity;

(h) to prepare and publish guidelines for avoiding discrimination

on the ground of religious belief or activity;

(i) where the Commission considers it appropriate, with the

leave of the court conducting the proceedings and subject to

any conditions imposed by the court, to intervene in

proceedings that involve issues of discrimination on the

ground of religious belief or activity;

Application and constitutional provisions

Part 8

Section 62

No. , 2021

Religious Discrimination Bill 2021

Part 8--Application and constitutional provisions

62 This Act binds the Crown

(1) This Act binds the Crown in each of its capacities.

(2) However, this Act does not make the Crown liable to be prosecuted

for an offence.

63 Geographical application of this Act

(1) This Act applies throughout Australia.

(2) This Act applies to conduct engaged in in Australia, even if the

conduct involves persons or things, or matters arising, outside

Australia.

64 Constitutional basis of this Act

This Act gives effect to Australia's obligations under one or more

of the following international instruments, as amended and in force

for Australia from time to time:

(a) the International Covenant on Civil and Political Rights done

at New York on 16 December 1966 ([1980] ATS 23);

(b) the International Covenant on Economic, Social and Cultural

Rights done at New York on 16 December 1966 ([1976] ATS

5);

on 20 November 1989 ([1991] ATS 4);

(d) the International Convention on the Elimination of all Forms

of Racial Discrimination done at New York on 21 December

1965 ([1975] ATS 40);

(e) the ILO Convention (No. 111) concerning Discrimination in

respect of Employment and Occupation done at Geneva on

25 June 1958 ([1974] ATS 12);

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Section 65

Religious Discrimination Bill 2021

No. , 2021

(f) the ILO Convention (No. 158) concerning Termination of

Employment at the Initiative of the Employer done at Geneva

on 22 June 1982 ([1994] ATS 4).

Note:

The text of a Convention or Covenant could, in 2021, be viewed in the

Australian Treaties Library on the AustLII website

(http://www.austlii.edu.au).

65 Additional operation of this Act

Act also has effect as provided by this section

(1) In addition to section 64, this Act also has effect as provided by

this section.

Constitutional corporations

(2) This Act also has the effect it would have if each reference in this

Act to a person (the

first person

) engaging in conduct in relation to

another person were, by express reference, limited so that it applies

only if one or more of the following paragraphs applies:

(a) the first person is a corporation to which paragraph 51(xx) of

the Constitution applies;

(b) the first person is an officer, employee or agent

of a

corporation to which paragraph 51(xx) of the Constitution

applies, and the conduct is connected with the person's duties

as such an officer, employee or agent;

corporation to which paragraph 51(xx) of the Constitution

applies, and the conduct is connected with the person's duties

as such an officer, employee or agent.

Commonwealth and Territory matters

(3) This Act also has the effect it would have if each reference in this

Act to a person (the

first person

) engaging in conduct in relation to

another person were, by express reference, limited so that it applies

only if one or more of the following paragraphs applies:

(a) the first person is the Commonwealth, a Territory, or a body

covered authority

) covered by subsection (4);

Application and constitutional provisions

Part 8

Section 65

No. , 2021

Religious Discrimination Bill 2021

(b) the first person is an officer, employee or agent of the

Commonwealth, a Territory or a covered authority, and the

conduct is connected with the person's duties as such an

officer, employee or agent;

Commonwealth, a Territory or a covered authority, and the

conduct is connected with the person's duties as such an

officer, employee or agent;

(d) the conduct occurs in the course of the first person, or the

other person, performing a function or exercising a power

under a law of the Commonwealth or a law of a Territory;

(e) the conduct is engaged in within a Territory.

(4) The following bodies are covered by this subsection:

(a) a body established for a public purpose by or under a law of

the Commonwealth or a Territory;

(b) an incorporated company over which any of the following is

in a position to exercise control:

(i) the Commonwealth;

(ii) the Government of a Territory;

(iii) a body referred to in paragraph (a);

(i) an office or position established by or under a law of the

Commonwealth or a Territory; or

(ii) an appointment made under a law of the

Commonwealth or a Territory; or

(iii) an appointment made by the Governor-General, by a

Minister, or by any other person on behalf of the

Commonwealth Government; or

(iv) an appointment made by a Minister of a Territory, or by

any other person on behalf of the Government of a

Territory; or

(v) an office or appointment that is prescribed by the

regulations for the purpose of this subparagraph.

Part 8

Application and constitutional provisions

Section 65

Religious Discrimination Bill 2021

No. , 2021

Trade or commerce

(5) This Act also has the effect it would have if each reference in this

Act to a person (the

first person

) engaging in conduct in relation to

another person were, by express reference, confined to conduct

engaged in while the first person, or the other person, is acting in

the course of, or in relation to, trade or commerce:

(a) between Australia and places outside Australia; or

(b) among the States; or

(d) between 2 Territories.

Banking and insurance

(6) This Act also has the effect it would have if each reference in this

Act to a person (the

first person

) engaging in conduct in relation to

another person were, by express reference, confined to conduct

engaged in while the first person, or the other person, is acting in

the course of, or in relation to, the carrying on of:

(a) the business of banking, other than State banking (within the

meaning of paragraph 51(xiii) of the Constitution) not

extending beyond the limits of the State concerned; or

(b) the business of insurance, other than State insurance (within

the meaning of paragraph 51(xiv) of the Constitution) not

extending beyond the limits of the State concerned.

Telecommunications

(7) This Act also has the effect it would have if each reference in this

Act to a person engaging in conduct in relation to another person

were, by express reference, confined to conduct engaged in by

means of a postal, telegraphic, telephonic or other like service

within the meaning of paragraph 51(v) of the Constitution.

Defence

(8) This Act also has the effect it would have if each reference in this

Act to a person engaging in conduct in relation to another person

were, by express reference, confined to conduct engaged in for

purposes relating to the defence of Australia.

Application and constitutional provisions

Part 8

Section 66

No. , 2021

Religious Discrimination Bill 2021

66 Limited application provisions

(1) Subsections 7(4) and (5), 9(5) and (6) and 40(5) and (7) apply in

relation to any of the following kinds of conduct:

(a) conduct engaged in by a corporation to which

paragraph 51(xx) of the Constitution applies;

(b) conduct engaged in by a person acting in the course of, or in

relation to, trade or commerce:

(i) between Australia and places outside Australia; or

(ii) among the States; or

(iii) between a State and a Territory; or

(iv) between 2 Territories;

in a Territory;

(d) conduct engaged in by a body corporate that is taken to be

registered in a Territory under section 119A of the

Corporations Act 2001

;

(e) conduct engaged in in a Territory;

(f) conduct engaged in by means of a postal, telegraphic,

telephonic or other like service within the meaning of

paragraph 51(v) of the Constitution.

(2) This section applies despite sections 64 and 65.

67 Compensation for acquisition of property

(1) If the operation of this Act would result in an acquisition of

property (within the meaning of paragraph 51(xxxi) of the

Constitution) from a person otherwise than on just terms (within

the meaning of that paragraph), the Commonwealth is liable to pay

a reasonable amount of compensation to the person.

(2) If the Commonwealth and the person do not agree on the amount

of the compensation, the person may institute proceedings in the

Federal Court of Australia or the Supreme Court of a State or

Territory for the recovery from the Commonwealth of such

reasonable amount of compensation as the court determines.

Part 8

Application and constitutional provisions

Section 68

Religious Discrimination Bill 2021

No. , 2021

68 Relationship with State and Territory laws

(1) This Act is not intended to exclude or limit the operation of a law

of a State or Territory to the extent that the law is capable of

operating concurrently with this Act.

Note:

Nothing in this subsection detracts from the operation of section 12.

(2) If:

(a) a law of a State or Territory deals with a matter dealt with by

this Act; and

(b) a person has made a complaint, instituted a proceeding or

taken any other action under that law in respect of conduct

engaged in and in respect of which the person would, but for

this subsection, have been entitled to make a complaint under

the

Australian Human Rights Commission Act 1986

alleging

that the conduct is unlawful under a provision of this Act;

the person is not entitled to make a complaint or institute a

proceeding under the

Australian Human Rights Commission Act

1986

alleging that the act or omission is unlawful under a provision

of this Act.

(3) If:

(a) a law of a State or Territory deals with a matter dealt with by

this Act; and

(b) conduct engaged in by a person that constitutes an offence

against that law also constitutes an offence against this Act;

the person may be prosecuted and convicted either under that law

of the State or Territory or under this Act.

(4) Nothing in subsection (3) renders a person liable to be punished

more than once in respect of the same conduct.

Other matters

Part 9

Section 69

No. , 2021

Religious Discrimination Bill 2021

Part 9--Other matters

69 Delegation

Delegation by the Commission

(1) The Commission may, in writing, delegate all or any of its

functions or powers under this Act to:

(a) the Commissioner or another member of the Commission; or

(b) a member of the staff of the Commission; or

Note:

Sections 34AA to 34A of the

Acts Interpretation Act 1901

contain

provisions relating to delegations.

Delegation by the Commissioner

(2) The Commissioner may, in writing, delegate all or any of the

Commissioner's functions or powers under this Act to:

(a) a member of the staff of the Commission approved by the

Commission; or

(b) any other person or body of persons approved by the

Commission.

Note:

Sections 34AA to 34A of the

Acts Interpretation Act 1901

contain

provisions relating to delegations.

Delegate must comply with directions of delegator

(3) In performing a delegated function or exercising a delegated

power, the delegate must comply with any written directions of the

delegator.

70 Liability of persons involved in unlawful conduct

(1) A person must not do any of the following in relation to conduct

that is unlawful under Part 4:

(a) attempt to engage in that conduct;

(b) aid, abet, counsel or procure that conduct;

Part 9

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Section 71

Religious Discrimination Bill 2021

No. , 2021

(d) be in any way, directly or indirectly, knowingly concerned in,

or party to, that conduct;

(e) conspire with others to engage in, or effect, that conduct.

(2) A person who contravenes subsection (1) in relation to conduct that

is unlawful under Part 4 is taken, for the purposes of this Act, to

have engaged in the conduct.

71 Conduct by representatives

(1) Any conduct engaged in on behalf of a person by a representative

of the person within the scope of actual or apparent authority is

taken to have been engaged in also by the person, unless the person

establishes that the person took reasonable precautions and

exercised due diligence to avoid the conduct.

(2) If it is necessary to establish the state of mind of a person in

relation to particular conduct, it is sufficient to show:

(a) that the conduct was engaged in by a representative of the

person within the scope of actual or apparent authority; and

(b) that the representative had that state of mind.

(3) A reference in subsection (2) to the state of mind of a

representative of a person includes a reference to:

(a) the representative's knowledge, intention, opinion, belief or

purpose; and

(b) the representative's reasons for the intention, opinion, belief

or purpose.

(4) In this section:

representative

of a person means:

(a) if the person is a body corporate--a director, employee or

agent of the body corporate; or

(b) if the person is a body politic--an employee or agent of the

body politic; or

individual.

Other matters

Part 9

Section 72

No. , 2021

Religious Discrimination Bill 2021

(5) This section does not apply to proceedings for an offence against

Part 5.

72 Protection from civil actions

(1) Subsection (2) applies to:

(a) the Commission; and

(b) the Commissioner or another member of the Commission;

and

(i) the Commission; or

(ii) the Commissioner or another member of the

Commission.

(2) A person mentioned in subsection (1) is not liable to an action or

other proceeding for damages for or in relation to conduct engaged

in in good faith:

(a) in the performance, or purported performance, of any

function conferred on the Commission by this Act; or

(b) in the exercise, or purported exercise, of any power conferred

on the Commission by this Act.

(3) Subsection (4) applies if a submission has been made, or a

document, information or evidence has been given, to the

Commission or to a person acting for or on behalf of the

Commission.

(4) A person is not liable to an action, suit or proceeding in respect of

loss, damage or injury of any kind suffered by another person by

reason only that the submission was made or the document,

information or evidence was given.

(5) This section is subject to section 67 (about compensation for

acquisition of property).

73 No right of action unless expressly provided

Except as expressly provided in this Act, nothing in this Act

confers any right of action in relation to conduct that:

(a) is unlawful under a provision of Part 4; or

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(b) is an offence against a provision of Part 5.

74 Non-disclosure of protected information

(1) A person commits an offence if the person:

(a) is, or has been, an entrusted person; and

(b) has acquired protected information in the person's capacity

as an entrusted person; and

Penalty: Imprisonment for 2 years.

(2) Subsection (1) does not apply if:

(a) the conduct is authorised by a law of the Commonwealth or

of a State or Territory; or

(b) a person engages in the conduct:

(i) in the performance of a function under or in connection

with this Act; or

(ii) in the exercise of a power conferred on the Commission

or the Commissioner by this Act; or

(iii) in accordance with an arrangement in force under

section 16 of the

Australian Human Rights Commission

Act 1986

Note:

A defendant bears an evidential burden in relation to a matter in this

subsection (see subsection 13.3(3) of the

Criminal Code

(3) A person who is, or has been, an entrusted person must not be

required:

(a) to disclose to a court protected information acquired in the

person's capacity as an entrusted person; or

(b) to produce in a court a document containing protected

information of which that person has custody, or to which

that person has access, in that person's capacity as an

entrusted person;

except where it is necessary to do so for the purposes of this Act.

(4) In this section:

Other matters

Part 9

Section 75

No. , 2021

Religious Discrimination Bill 2021

court

includes any tribunal, authority or person having power to

require the production of documents or the answering of questions.

entrusted person

means:

(a) the Commissioner or another member of the Commission; or

(b) a member of the staff assisting the Commission; or

(d) a delegate of the Commissioner.

produce

includes permit access to.

protected information

means information:

(a) that is obtained by an entrusted person under or for the

purposes of this Act; and

(b) that relates to the affairs of another person.

75 Commissioner to give information to the Commission

The Commissioner must give the Commission such information

relating to the operations of the Commissioner as the Commission

requires.

76 Review of operation of Act

(1) The Commissioner must conduct a review of the operation of this

Act, which must be completed no later than 2 years after the

commencement of this Act.

(2) The Commissioner must give the Minister a written report of the

review.

(3) The Minister must cause a copy of the report to be tabled in each

House of the Parliament within 15 sitting days of that House after

the Minister receives the report.

77 Regulations

The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed by the

regulations; or

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RELIGIOUS DISCRIMINATION BILL 2021