Briefings - National Written by Stephen O'Doherty
Wednesday, 18 August 2010 20:53

Religious freedom has emerged as a mainstream issue late in the election campaign, with a surprisingly non-committal response from the Australian Labor Party to our question regarding support for the existing protections for religious faith-based schools.

Early in the campaign CSA wrote to both major parties seeking the following assurances:

Will you give an unequivocal commitment not to support amendments that would remove the current ability of religious schools to
  1. hire and retain staff on the basis that they are genuine adherents, in belief and practice, to the Christian or other faith basis of the school; and
  2. integrate a world view based on religious beliefs and values into curriculum and school practice including enrolment.

This issue is key for Christian and other religious faith-based schools. As our letter to the parties pointed out: 

No issue is felt more deeply by our members than preserving the right to operate schools in a way consistent with our religious beliefs. We regard as a basic right in a pluralistic democracy the ability for parents to choose for their children a school which is operated in accordance with their faith. Of course if schools do not have the genuine ability to operate in such a way, there is no real choice.

The matter is timely and relevant because the issue is to be investigated by the Standing Committee of Attorneys General (SCAG), with a push to 'harmonise' the anti-discrimination legislation nationally. Recent legislative changes in Victoria and South Australia give reason for concern that this will mean an erosion of current protections.

The Coalition's response was straightforward and supportive:

The Coalition would not support amendments that would remove the current ability of schools to hire and retain staff on the basis that they are genuine adherents, in belief and practice, to Christian or other faith basis of a school. Similarly the Coalition would not support amendments their ability to integrate a world view based on religious beliefs and values into curriculum and school practice including enrolment. (Christopher Pyne MP, 16/08/10)

The ALP response, from Education Minister Simon Crean, was surprisingly non-committal:

If re-elected,a Gillard Labor Government will harmonise and consolidate anti‑discrimination laws. This will include looking at gaps at the federal level and reviewing the powers of the Australian Human Rights Commission and the adequacy of the complaint-handling process. Federal Labor recognises that there are longstanding exemptions in anti‑discrimination laws, at both the federal and state level, for educational institutions established for religious purposes in relation to the employment of staff. This project would be undertaken in consultation with stakeholders, including independent schools, on the proposed single anti‑discrimination laws. (Simon Crean MP, email to CSA 18/08/10).

While 'recognising' the 'longstanding exemptions' under state and federal laws that protect religious schools, Labor's' response fails the test of endorsing or supporting the existing protections.

Labor's response fails to address our specific policy request to rule out changes to the existing exemptions. This contrasts with ALP responses in previous elections, which have ruled out support for changes to the current arrangements. 

The ALP response is certain to cause concern among Christian school communities.

Removal of the legislative protections for religiosu schools is a platform issue for the Greens, whose aim to gain the balance of power in the Senate has been backed by a preferences deal with the ALP.

CSA has informed Mr Crean's office that the response on this issue is less than adequate. However given that Labor's response has come so late in the campaign, and only after much prompting, we hold little hope of gaining a firmer commitment. 

icon Labor Equivocates on Religious Freedom

Responsibility for comment in this briefing is taken by Stephen O'Doherty. 

 


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