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Catholic Education boss denies skirting around Tasmanian anti-discrimination laws

Dr. Terry McCarthy, the Executive Director of Catholic Education Tasmania, has responded to the findings of a parliamentary inquiry into school bullying that has prompted questions about whether his organisation has complied with Tasmania’s anti-discrimination laws.

The final report from a long-running parliamentary inquiry into bullying and discrimination in Tasmanian schools was released this week. While the inquiry identified many forms of bullying behaviour, it particularly highlighted the experiences of LGBTQIA+ students and staff.

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The report noted that incidents within the Catholic education system were a source of concern and questioned whether some practices used by Catholic Education Tasmania may have contravened Tasmania’s anti-discrimination laws. The report stressed that these concerns have not been tested in court.

Dr Terry McCarthy.

Responding to the findings, McCarthy said his organisation takes bullying seriously.

“Catholic Education Tasmania takes bullying and discrimination in schools extremely seriously, and all our schools have anti-bullying and anti-harassment policies and procedures in place.

“We recognise the courage of the witnesses in sharing their experiences with the Committee. The experiences of children and young people can be difficult and complex, and we will continue to review and improve our educational environments and support systems for students, staff and families.”

McCarthy also said the organisation was confident its employment practices complied with the law and noted that federal legislation provides protections relevant to employment matters. The inquiry heard evidence that some teachers in same-sex relationships, or relationships not considered “regular” under Catholic teaching, were allegedly blocked from leadership positions and career advancement.

“We are confident our employment practices are lawful, and we act at all times with the greatest respect and care for our staff, students and their families.

“Our hope is that we can continue to work with our colleagues across the education sector in Tasmania to ensure students can learn in environments that are free from bullying and discrimination.”

Catholic Education Tasmania also praised two Liberal MPs who submitted a dissenting opinion in the report, arguing that religious freedom is an essential consideration for church-based education providers.

Premier Jeremy Rockliff.

Tasmanian Premier says everyone should follow the law

In the Tasmanian Parliament on Wednesday, Independent MP Kristie Johnston challenged Premier Jeremy Rockliff to address what she described as a legal grey area involving the overlap between federal and state laws.

“Catholic Education Tasmania has admitted under oath that they discriminate on the basis of sexual orientation and marital status. What will the Premier do to uphold our laws and ensure no Tasmanian experiences discrimination on the basis of sexual orientation or marital status?” Johnston asked.

In response, the Premier said he expected everyone to comply with the law and reaffirmed his government’s commitment to reducing bullying of students and staff.

“Bullying and discrimination have no place in workplaces or school environments. Our Government is committed to ensuring schools are safe, inclusive and respectful places for everyone,” Rockliff said, adding that the government would assess all of the report’s recommendations.

When pressed by Johnston on whether action had been taken regarding the alleged anti-discrimination issue, the Premier responded:

“We all expect all Tasmanians to comply with the law.”

Local LGBTIQA+ advocacy group Equality Tasmania has called on the government to test the state laws in the court system. Spokesperson Rodney Croome said there was an opportunity for state and federal politicians to show leadership.

“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.” Croome said.

 

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