A Tasmanian parliamentary inquiry has found bullying and harassment levels in the state’s schools are higher than those reported in many other Australian jurisdictions. While the inquiry examined bullying in all its forms, it identified significant concerns about the treatment of LGBTQIA+ students and staff, particularly within the Catholic education system.
Brian Mitchell, who chaired the two-year inquiry, said he expected public attention would focus on the committee’s findings regarding bullying and discrimination experienced by LGBTQIA+ students in Tasmania’s Catholic schools.
Among its 55 findings, the final report concluded that Catholic Education Tasmania had discriminated against staff based on sexual orientation and marital status in ways the committee said contravened Tasmania’s Anti-Discrimination Act. However, the report also noted that those allegations have not been determined by a court. Catholic Education Tasmania operates 39 schools across the state.
Mitchell said criticism that the report focused excessively on the Catholic system or undermined religious freedom would be “unfair and untrue”. However, two Liberal members of the committee issued a dissenting statement expressing concern that the report went too far in responding to issues involving gender identity and faith-based education.
“Our concern is that the Report too often treats one set of rights, together with contested cultural beliefs about sex and gender, as requiring greater legislative or regulatory protection without giving equal weight to other lawful rights, beliefs and freedoms that Tasmanians value.” MPs Michael Ferguson and Mark Shelton wrote.
Equality Tasmania has described the inquiry’s findings as disturbing and has called on the Tasmanian Government to take action.
Spokesperson Rodney Croome said the inquiry had revealed widespread bullying of LGBTQIA+ students.
“This inquiry has produced disturbing evidence of discrimination and bullying in both the government and non-government school sectors in Tasmania.”
“Most disturbing of all is the finding that Catholic Education Tasmania has contravened Tasmania’s Anti-Discrimination Act by deliberately discriminating against LGBTQIA+ people in its schools.”
“We are particularly concerned by evidence that gay teachers in Catholic schools have not been promoted to positions they are qualified for, and that transgender students have not been recognised for who they are and have been sent to counsellors who endorse conversion practices.”
Croome said Catholic Education Tasmania had a responsibility to act immediately.
“We call on Catholic Education Tasmania to reverse course and invest in the training, resources and support necessary to eliminate discrimination and bullying from Catholic schools.”
“We call on the Tasmanian Government to remind all schools that the state Anti-Discrimination Act is not optional and to ensure teachers and students have the resources necessary to challenge discrimination and bullying.”
“At heart, this is a simple issue. All students should have safe learning environments, and all teachers should be selected and promoted on their merit.”
Equality Tasmania will also appeal to the state’s Anti-Discrimination Commissioner and urge the office to investigate the issues raised during the inquiry.
“We will write to the Anti-Discrimination Commissioner and the Non-Government Schools Registration Board asking them to initiate inquiries into discrimination against LGBTQIA+ staff and students in Catholic schools.”
“For non-government schools to be registered in Tasmania, they must uphold the law and, by its own admission, Catholic Education Tasmania has not upheld the Anti-Discrimination Act.”
“We will also increase our advocacy for a ban on conversion practices, given evidence some Catholic school students have potentially been exposed to such practices.”
The inquiry also increased pressure on the state government to clarify how state and federal anti-discrimination laws interact.
During hearings, Catholic Education Tasmania acknowledged it regularly prevented staff who were homosexual or in relationships it considered not “regular” from holding some leadership positions. It argued those practices were permitted under federal law, though concerns were raised that they could conflict with state legislation.
“We note Catholic Education Tasmania has offered the poor excuse that the federal Sex Discrimination Act allows it to discriminate against LGBTQIA+ people, despite that Act specifically stating it does not override state law,” Croome said.
“If CET continues to rely on federal law as a justification for discrimination, the Tasmanian Government should initiate a test case.”
“The burden of determining whether Tasmania’s Anti-Discrimination Act prevails should not fall on discrimination victims.”
“The Federal Government should also fulfil its repeated promise to remove exemptions in federal discrimination law that allow religious schools and services to discriminate against LGBTQIA+ people.”
In a statement sent to media outlets, Catholic Education Tasmania said it would continue to review and improve its educational environments and support systems for students, family and staff. Its executive director, Dr Terry McCarthy, said he was confident the organisation’s employment practices were lawful.
Croome dismissed the concerns raised by the dissenting MPs noting that Tasmania’s anti-discrimination framework has operated for decades without compromising religious freedom.
“For more than two decades Tasmania’s Catholic and independent education systems operated in accordance with the state Anti-Discrimination Act with no loss of religious freedom or family choice.”
“Only in recent years has the Anti-Discrimination Act come under attack from religious leaders who believe it is their God-given right to defy the law and discriminate against Tasmania’s LGBTQIA+ teachers and students.”
“When parents choose non-government schools, they want their child to be safe from bullying and to be taught by the best people for the job.”
Catholic Education Tasmania was contacted for additional comment. Any response will be added when received.
