Religious freedom under threat in Victoria

Status: Completed

Submissions closed on 18 April 2008 for this Review of 'exceptions'.
A Report has not yet been issued.
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The Victorian government is REVIEWING the exceptions and exemptions in the Equal Opportunity Act. The Act contains several religious exceptions (Sections 75,76 and 77).

Peter Stevens, Festival of Light's Victorian State Officer says
"The Department of Justice is carrying out a review of all exceptions and exemptions under the Equal Opportunity Act 1995 to see if they are in conflict with the Charter of Rights and Responsibilities. The Equal Opportunity Act 1995 provides exceptions not just for religious bodies (eg churches) and religious schools but also for individuals to discriminate where it is necessary to comply with the person's genuine religious beliefs or principles. These exceptions are vital in preserving Christian freedom. Without these exceptions churches, Christian schools and individual believers could be forced to act in ways contrary to our beliefs, or face serious penalties.

He notes that "Some groups hostile to Christian freedom have already called for the removal of the religious exceptions".

We need to make our voice heard!

Submissions or letters are due by THIS Friday, 18 April.
Send by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it
They can be short - you could say in your own words something like "The religious exceptions in the Equal Opportunity Act - Sections 75, 76 and 77 - are vital for preserving freedom of speech and freedom of religion. Please ensure that these sections are retained."
Details of how to make a short submission are in the attached 2 page Action Alert prepared by Festival of Light.

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Read on for MORE details. . .

About the Review
The Victorian Equal Opportunity Act contains exceptions and exemptions - this means that in certain circumstances some groups or individuals are allowed to 'discriminate'.
Exceptions and exemptions: General exceptions are listed in the Equal Opportunity Act (Section 69 - 82). An 'exemption' can be granted by the Tribunal for 3 years (Section 83-84) but has to be applied for: eg a gym applying to have an 'exemption' so that they can have only female members.

A broad review of the Equal Opportunity Act 1995, (the Act) the Equal Opportunity Review, is currently being undertaken by former Victorian Public Advocate, Mr Julian Gardner to see if it meets the demands of the 'Charter of Human Rights and Responsibilities'.
The Victorian Justice Department is conducting a REVIEW of the exceptions and exemptions that are listed in the Equal Opportunity Act.

They have posted a webpage detailing the Review. The Justice Department has published an 'Exceptions Review Consultation paper' which outlines the exceptions and exemptions:

Discrimination Laws and 'Exceptions' and 'Exemptions'
We believe that many of these equal opportunity laws themselves restrict freedom of speech and are undesirable.
However, the fact is that all states, and the Commonwealth, have such laws. Over time more and more 'attributes' have been added (see Part 2, Section 6).
When such laws exist, the exceptions are vital to ensure continuing freedom of speech and action.
Even with 'exceptions', they are not 'automatic'. We have a letter from the Equal Opportunity Commission stating that, if a complaint is made, the organisation would still have to justify WHY they should have an exemption!

Religious Exceptions in the Equal Opportunity Act
In Victoria, the 'religious exceptions' are Sections 75, 76 and 77. The attribute that causes most concern to Christian ministries in the area of employment in particular is that of 'sexual orientation'.
These three sections relate to ordination, training and employment by churches, to employment by schools and to individuals.

FULL details of the Inquiry and a summary of these sections is in the attached Action Alert, prepared by Festival of Light.

There are a number of other exceptions - part 4 - Section 69 - 82. The exemption process is outlined in Sections 83-84.
These are listed in the Consultation Paper (link above).

The priority is for us to respond to the RELIGIOUS exceptions - if you have time, you could read the other exceptions and respond to those also.

Please ACT NOW!

The attached Action Alert explains the issues clearly and gives information on how to make a submission to the 'Exceptions Review' being held by the Justice Department.
Submissions are due by 18 April.
Send submissions by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Ask that Sections 75, 76 and 77 of the Equal Opportunity Act be retained.

Click here for the Equal Opportunity Act.

Attachments:
Action Alert - Religious freedom under new threat in Victoria - FOL	[ ]	22 Kb