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3 5 Religious bodies 3 6 New section 82A inserted 4 7 Religious schools 4 8 New section 83A inserted 5 9 Section 84 repealed 6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
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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.".
Part 2—Amendment of Equal Opportunity Act 2010
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
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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
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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.
Part 2—Amendment of Equal Opportunity Act 2010
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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.