The Terms of Reference for this inquiry tasked the ALRC with recommending the legislative reforms required to ensure that the government’s policy when enacted as law, will be consistent with Australia’s international legal obligations. The ALRC conducted over 130 consultations and received over 400 submissions and 40,000 survey responses.

The ALRC was asked to have regard to the Australian Government’s commitment to introduce legislation to (among other things) prohibit discrimination on the basis of religious belief or activity, subject to a number of appropriate exemptions, and to consider whether some or all of the reforms recommended as a result of this inquiry could be included in that legislation.

A key finding of the inquiry is that the Australian government’s policy commitments, as reflected in the Terms of Reference, are able to be implemented in a manner that is consistent with the rights and freedoms recognised in the international agreements to which Australia is a party. This report contains recommendations on how these policy commitments should be implemented.

The implementation of the government’s policy in accordance with the ALRC’s recommended reforms will:

• substantially narrow the circumstances in which discrimination by religious educational institutions of their students and staff is permissible at law.
• maximise the enjoyment of human rights and appropriately manage the intersection of rights.
• ensure any restriction of rights is justifiable under international law.
• make federal law more consistent with state and territory laws and the law in comparable overseas jurisdiction.