Abstract

This article evaluates the merits of an opt-in approach to regulating the employment decisions of religious schools in Australia under anti-discrimination legislation. The essence of the model involves religious schools registering with the government for the specific protection they need to make employment decisions that they consider necessary due to the school’s religious identity. The legislature, executive and judiciary are provided with significant supervisory roles under the proposed model to address the potential for religious schools to abuse the protections provided. The article argues that the opt-in model has the potential to more appropriately regulate the employment decisions of religious schools compared to the other approaches currently relied upon in Australia.

Keywords

employment, religious schools, anti-discrimination legislation

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