DISCRIMINATION ACT 1991 - SECT 46 Religious educational institutions

DISCRIMINATION ACT 1991 - SECT 46

    (1)     Section 18 does not make unlawful discrimination on the ground of religious conviction in relation to a failure to accept a person's application for admission as a student at an educational institution that is conducted solely for students having a religious conviction other than that of the applicant.

Note     The Legislation Act

, dict, pt 1 defines fail to include refuse.

    (2)     Section 10 or section 13 does not make unlawful discrimination on the ground of religious conviction in relation to staff matters at an educational institution if—

        (a)     the institution is conducted in accordance with the doctrines, tenets, beliefs or teaching of a particular religion or creed; and

        (b)     the discrimination is intended to enable, or better enable, the institution to be conducted in accordance with those doctrines, tenets, beliefs or teachings.

    (3)     Subsection (1) does not apply unless—

        (a)     the educational institution has published its policy in relation to student matters; and

        (b)     the policy is readily accessible by prospective and current students at the institution.

    (4)     Subsection (2) does not apply unless—

        (a)     the educational institution has published its policy in relation to staff matters; and

        (b)     the policy is readily accessible by prospective and current employees and contractors of the institution.

    (5)     In this section:

"staff" matters , in relation to an educational institution, means—

        (a)     the employment of a member of staff of the institution; or

        (b)     the engagement of a contractor to do work in the institution.

"student matters", in relation to an educational institution, means the admission of a student at the institution.