Equal Opportunity (Religious Exceptions) Amendment Bill 2021
Passed and Assented to
Equal Opportunity (Religious Exceptions) Amendment Act 2021

i

Equal Opportunity (Religious Exceptions)

Amendment Act 2021

No. of 2021

TABLE OF PROVISIONS

Clause Page

Part 1—Preliminary 1

1 Purposes 1 2 Commencement 2

Part 2—Amendment of Equal Opportunity Act 2010 3

Division 1—Employment and general 3

3 Definition of religious body 3 4 New section 81A inserted 3 5 Religious bodies 3 6 New section 82A inserted 4 7 Religious schools 4 8 New section 83A inserted 5 9 Section 84 repealed 6

Division 2—Government funded goods and services 6

10 Other definitions 6 11 Religious bodies 6 12 New section 82B inserted 7

Part 3—Repeal of this Act 9

13 Repeal of this Act 9 ═════════════

Endnotes 10

1 General information 10

1

Equal Opportunity (Religious

Exceptions) Amendment Act 2021†

No. of 2021

[Assented to ]

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The main purposes of this Act are to amend the

Equal Opportunity Act 2010

(a) to limit the exceptions in relation to

employment matters in respect of—

(i) religious bodies; and

Part 1—Preliminary

Equal Opportunity (Religious Exceptions) Amendment Act 2021

No. of 2021

2

(ii) educational institutions that are, or are

to be, conducted in accordance with

religious doctrines, beliefs or

principles; and

(b) to limit the exceptions in relation to the

provision of government funded goods and

services by religious bodies; and

(c) to limit the exceptions that apply in the

course of establishing, directing, controlling

or administering educational institutions that

are, or are to be, conducted in accordance

with religious doctrines, beliefs or principles;

and

(d) to remove the general exception on religious

grounds in respect of discrimination by

individuals.

2 Commencement

(1) Subject to subsections (2) and (3), this Act comes

into operation on a day or days to be proclaimed.

(2) If a provision of this Act, other than Division 2 of

Part 2, does not come into operation before the

day that is 6 months after the day on which this

Act receives the Royal Assent, it comes into

operation on that day.

(3) If Division 2 of Part 2 does not come into

operation before the day that is 12 months after

the day on which this Act receives the Royal

Assent, it comes into operation on that day.

Part 2—Amendment of Equal Opportunity Act 2010

Equal Opportunity (Religious Exceptions) Amendment Act 2021

No. of 2021

3

Part 2—Amendment of Equal Opportunity

Act 2010

Division 1—Employment and general

3 Definition of religious body

In section 81 of the Equal Opportunity

Act 2010, for "sections 82 and 83" substitute

"this Part".

4 New section 81A inserted

After section 81 of the Equal Opportunity

Act 2010 insert

"81A Other definitions

In this Part—

relevant educational entity means a person

or body to which section 83 applies.".

5 Religious bodies

(1) In section 82(2) of the Equal Opportunity

Act 2010, after "done" insert "(except in relation

to employment)".

(2) In section 82(2) of the Equal Opportunity

Act 2010, after "that" insert "is reasonable and

proportionate in the circumstances, and".

(3) In section 82(2)(a) and (b) of the Equal

Opportunity Act 2010, before "religion" insert

"religious body's".

(4) After section 82(2) of the Equal Opportunity

Act 2010 insert

"(3) Subsection (2) of this section has effect

subject to sections 83 and 83A.".

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Equal Opportunity (Religious Exceptions) Amendment Act 2021

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6 New section 82A inserted

After section 82 of the Equal Opportunity

Act 2010 insert

"82A Religious bodies—employment

(1) A person may discriminate against another

person in relation to the employment of the

other person in a particular position by a

religious body if—

(a) conformity with the doctrines, beliefs

or principles of the religious body's

religion is an inherent requirement of

the position; and

(b) the other person cannot meet that

inherent requirement because of their

religious belief or activity; and

(c) the discrimination is reasonable and

proportionate in the circumstances.

(2) The nature of the religious body and the

religious doctrines, beliefs or principles in

accordance with which it is conducted must

be taken into account in determining the

inherent requirements of a position for the

purposes of subsection (1)(a).

(3) This section does not permit discrimination

on the basis of any attribute other than as

specified in subsection (1).".

7 Religious schools

(1) In the heading to section 83 of the Equal

Opportunity Act 2010, for "schools" substitute

"educational institutions".

(2) In section 83(2) of the Equal Opportunity

Act 2010, for "done on the basis of a person's

religious belief or activity, sex, sexual orientation,

lawful sexual activity, marital status, parental

Part 2—Amendment of Equal Opportunity Act 2010

Equal Opportunity (Religious Exceptions) Amendment Act 2021

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status or gender identity" substitute "done (except

in relation to employment) on the basis of a

person's religious belief or activity".

(3) In section 83(2) of the Equal Opportunity

Act 2010, after "that" insert "is reasonable and

proportionate in the circumstances, and".

(4) In sections 83(2)(a) and (b) of the Equal

Opportunity Act 2010, after "religion" insert

"in accordance with which the educational

institution is to be conducted".

8 New section 83A inserted

After section 83 of the Equal Opportunity

Act 2010 insert

"83A Religious educational institutions:

employment

(1) A person may discriminate against another

person in relation to the employment of the

other person in a particular position by a

relevant educational entity in the course of

establishing, directing, controlling or

administering an educational institution if—

(a) conformity with the doctrines, beliefs

or principles of the religion in

accordance with which the educational

institution is to be conducted is an

inherent requirement of the position;

and

(b) the other person cannot meet that

inherent requirement because of their

religious belief or activity; and

(c) the discrimination is reasonable and

proportionate in the circumstances.

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(2) The nature of the educational institution and

the religious doctrines, beliefs or principles

in accordance with which it is to be

conducted must be taken into account in

determining the inherent requirements of a

position for the purposes of subsection

(1)(a).

(3) This section does not permit discrimination

on the basis of any attribute other than as

specified in subsection (1).".

9 Section 84 repealed

Section 84 of the Equal Opportunity Act 2010 is

repealed.

Division 2—Government funded goods and services

10 Other definitions

In section 81A of the Equal Opportunity

Act 2010 insert

"government funded goods or services means

goods or services (including accommodation

services) provided under a funding

agreement between a religious body and a

public sector body;

public sector body has the same meaning as in the

Public Administration Act 2004;".

11 Religious bodies

In section 82(2) of the Equal Opportunity

Act 2010, after "employment" insert "or the

provision of government funded goods or

services".

Part 2—Amendment of Equal Opportunity Act 2010

Equal Opportunity (Religious Exceptions) Amendment Act 2021

No. of 2021

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12 New section 82B inserted

After section 82A of the Equal Opportunity

Act 2010 insert

"82B Religious bodies—provision of

government funded services

(1) A person may discriminate against another

person if the discrimination is constituted by,

or relates to, one of the following—

(a) a religious body refusing to provide

government funded goods or services to

a person on the basis of the person's

religious belief or activity;

(b) a religious body determining the terms

on which government funded goods or

services are provided to a person on the

basis of the person's religious belief or

activity;

(c) a religious body subjecting a person to

any detriment, in connection with the

body's provision of government funded

goods or services to the person, on the

basis of the person's religious belief or

activity;

where—

(d) the refusal, the terms or subjecting the

person to the detriment, as the case

requires, is in conformity with the

doctrines, beliefs or principles of the

religious body's religion or is

reasonably necessary to avoid injury to

the religious sensitivities of adherents

of the religion; and

(e) the discrimination is reasonable and

proportionate in the circumstances.

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(2) This section does not permit discrimination

on the basis of any attribute other than as

specified in subsection (1).

(3) Subsection (1) applies whether or not the

government funded goods or services are

provided for payment.".

Part 3—Repeal of this Act

Equal Opportunity (Religious Exceptions) Amendment Act 2021

No. of 2021

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Part 3—Repeal of this Act

13 Repeal of this Act

This Act is repealed on the first anniversary of

the first day on which all of its provisions are in

operation.

Note

The repeal of this Act does not affect the continuing operation of

the amendments made by it (see section 15(1) of the

Interpretation of Legislation Act 1984).

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Endnotes

Equal Opportunity (Religious Exceptions) Amendment Act 2021

No. of 2021

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current

authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly:

Legislative Council:

The long title for the Bill for this Act was "A Bill for an Act to amend the

Equal Opportunity Act 2010 in relation to exceptions in respect of

religion, and for other purposes."

By Authority. Government Printer for the State of Victoria.