The Queensland government will move to scrap a controversial clause that religious bodies have used to justify discrimination against transgender, gay and unmarried people, as part of a large-scale overhaul of the state’s anti-discrimination laws.
On Monday, the state committed to repealing and replacing the Queensland Anti-Discrimination Act – legislated by the Goss government in 1991 – before the next election. It accepted “in principle” 122 recommendations that emerged from a 14-month review of the act by the Queensland Human Rights Commission (QHRC).
The ‘genuine occupational requirement’ clause in Queensland Anti-Discrimination Act enables faith-based schools to discriminate against teachers based on their sexuality, pregnancy, relationship status and gender identity.
Brisbane’s Citipointe Christian College appeared to mimic the wording of the clause last year in employment contracts that warned teachers they could be fired for being openly homosexual.
The QHRC recommended the clause be abolished and replaced with another exemption to allow religious organisations to only discriminate on the ground of religious belief or activity if “the teaching, observance or practice of a particular religion is a genuine occupational requirement”. This could see it applied to teachers specifically teaching religion rather than teachers of other subjects, for example.
The government said “further consideration will be given” to the clause around employment by religious bodies “and consultation undertaken … to ensure the proposed new Anti-Discrimination Act strikes the right balance”.
In its 420-page report the QHRC also called for the repeal of several “redundant exemptions”, including one that allows employers to discriminate against sex workers and gender-diverse and transgender people when working with children.
The government introduced the births, deaths and marriages registration bill last December which repeals the exemption, “so that it will no longer be lawful to discriminate on the basis of ‘lawful sexuality activity’ or ‘gender identity’ in the area of work”.
It said it would consider the repeal of an exemption that allows accommodation providers to lawfully discriminate against sex workers if there is a “reasonable belief” that they are engaging in sex work on the premises.
Another clause which allowed for discrimination on the basis of sexuality for access to IVF is also expected to be repealed.
Queensland’s attorney-general, Shannon Fentiman, said “significant legislation” will be prepared to better protect the state’s marginalised communities.
She said individuals and organisations will be legally obliged to “take reasonable and proportionate steps” to eliminate sex discrimination and sexual harassment.
Domestic violence victims will be better protected from discrimination when applying for a rental property and in the workplace, Fentiman said.
“There is no room in our society for discriminatory behaviour – or for victimisation, vilification, and sexual harassment,” she said.
“The Palaszczuk government will continue to strengthen laws that protect Queenslanders across our diverse community.”
Queensland’s human rights commissioner, Scott McDougall, said the act has been enforced by individual complaints for too long, placing an “unfair” burden on victims of harassment and discrimination.
“The consistent theme that emerged throughout our extensive consultation and submissions processes was that the current system lacks a preventative focus,” he said.
“The introduction of a positive duty was strongly supported by consultations and submissions, would aim to foster cultural change, and would shift the focus of the act from being reactive to proactive.”
