Queensland Premier Steven Miles has drafted legislation to ban discrimination against LGBTQ+ teachers in faith schools.
The draft was subject to public consultation in March with the bill expected to be introduced within the next five months. An election is due on 26 October.
Queensland already has laws in place in to protect LGBTQ+ students, but this Bill would restrict schools from hiring and firing staff on the basis of faith, sexuality, marital status and gender identity, bringing it into line with Victoria, Tasmania, the ACT and NT.
WA spokesperson for Just.Equal Australia, Brian Greig, said the Queensland move once again exposed the weakness of the West Australian Government to address this issue locally.
“Attorney General, John Quigley, has repeatedly said he cannot move in this area until the commonwealth responds federally to the inquiry by the Australian Law Reform Commission.
“This excuse has always been untrue. The states and commonwealth have equal powers to legislate anti-discrimination law. The bill by Premier Miles in Queensland demonstrates this and shows the Cook government is not telling the truth,” Greig said.
The draft Queensland Bill would allow schools to discriminate on grounds of religion, but only where that was a “genuine occupational requirement.” This might, for example, apply to a Divinity teacher, but not a geography teacher.
The Queensland Attorney General, Yvette D’Ath, has said protected attributes such as sexual orientation and relationship status “will not be permitted in any employment decisions.”
Last year the Queensland Human Rights Commission said that it was necessary to limit religious freedom to “uphold the privacy and non-discrimination rights of staff in religious bodies.”
Greig said the difference between the Queensland and WA governments in tackling this issue couldn’t be more stark.
“Premier Miles can see this as a defining issue for a Labor Government in an election year, while Premier Cook wants it all to go away, and ideally until after the 2025 election,” he said.
WA Labor had promised to end this discrimination this term but has since reneged.
Greig said if the Queensland bill passes, WA, NSW and SA would be the only states where faith schools could still discriminate against LGBT teachers and students.
