1. Competing Arguments For: Need to present a biblical worldview Freedom of Religion Against: Why tolerate “intolerance”? Best interests of the child? Does it legitimise discrimination? BOUTIQUE NATIONAL ADVICE Attentive | Careful | Integrity || This presentation is information only not legal advice || © Corney & Lind Lawyers Slide 1

2. Anti-Discrimination Act 1991 Discrimination on the basis of an “attribute”? Sex Relationship Status Pregnancy Breastfeeding Religious belief/activity Lawful sexual activity Gender identity Sexuality BOUTIQUE NATIONAL ADVICE Attentive | Careful | Integrity || This presentation is information only not legal advice || © Corney & Lind Lawyers Slide 2

3. Anti-Discrimination Act 1991 Direct Discrimination? Less Favourable Treatment Substantially because of the Attribute Indirect Discrimination Unreasonable condition, requirement or practice The person with the attribute cannot comply Persons without the attribute can comply The condition being imposed is unreasonable BOUTIQUE NATIONAL ADVICE Attentive | Careful | Integrity || This presentation is information only not legal advice || © Corney & Lind Lawyers Slide 3

4. Anti-Discrimination Act 1991 Change of Landscape in 2002 Queensland Fertility Group (1998 Court of Appeal) What is “lawful sexual activity”? It is not being in a monogamous relationship (this is a “state”) Amending Legislation in 2002 Attributes of “sexuality” and “gender identity” added Exemptions for Non-State Schools removed BOUTIQUE NATIONAL ADVICE Attentive | Careful | Integrity || This presentation is information only not legal advice || © Corney & Lind Lawyers Slide 4

5. Anti-Discrimination Act 1991 Discrimination in the Education Area is prohibited Prospective Student Failing to accept an application Delaying the application Changing the criteria Changing the terms for admission Actual Student Varying the terms of enrolment Denying or limiting access to a benefit Excluding a student Treating a student unfavourably BOUTIQUE NATIONAL ADVICE Attentive | Careful | Integrity || This presentation is information only not legal advice || © Corney & Lind Lawyers Slide 5

6. Anti-Discrimination Act 1991 Exemption based on religious practices? Wholly or mainly operated for students of a particular religion Needs to be an express intention of the School What “particular religion”? Does the particular attribute mean the applicant is not of the particular religion? If operating “mainly” for students of a particular religion – difficulty with allowing some students in Probably not a successful argument to make Offending Religious Sensitivities exemption? Does not apply in education area BOUTIQUE NATIONAL ADVICE Attentive | Careful | Integrity || This presentation is information only not legal advice || © Corney & Lind Lawyers Slide 6

7. Anti-Discrimination Act 1991 Asking unnecessary information? Prohibited under section 124 Apply for an Exemption Application to QCAT The Anti-Discrimination Commissioner will provide a response Significant hurdle for organisations Unlikely outcome Religious Freedom under the Commonwealth Constitution? Does not apply to State legislation BOUTIQUE NATIONAL ADVICE Attentive | Careful | Integrity || This presentation is information only not legal advice || © Corney & Lind Lawyers Slide 7

8. Anti-Discrimination Act 1991 Complaints of Discrimination Conciliated by the Commission Referred to QCAT for trial No automatic legal representation Remedy can include damages for pain, suffering, humiliation BOUTIQUE NATIONAL ADVICE Attentive | Careful | Integrity || This presentation is information only not legal advice || © Corney & Lind Lawyers Slide 8

9. Questions? BOUTIQUE NATIONAL ADVICE Attentive | Careful | Integrity || This presentation is information only not legal advice || © Corney & Lind Lawyers Slide 9