EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 83 Religious schools

EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 83

    (1)     This section applies to a person or body, including a religious body, that establishes, directs, controls, administers or is an educational institution that is, or is to be, conducted in accordance with religious doctrines, beliefs or principles.

    (2)     Nothing in Part 4 applies to anything done (except in relation to employment) on the basis of a person's religious belief or activity, sex, sexual orientation, lawful sexual activity, marital status, parental status or gender identity by a person or body to which this section applies in the course of establishing, directing, controlling or administering the educational institution that—

        (a)     conforms with the doctrines, beliefs or principles of the religion; or

        (b)     is reasonably necessary to avoid injury to the religious sensitivities of adherents of the religion.

    (3)     Nothing in Part 4 applies to anything done in relation to the employment of a person by a person or body to which this section applies where—

        (a)     conformity with the doctrines, beliefs or principles of the religion is an inherent requirement of the particular position; and

        (b)             the person's religious belief or activity, sex, sexual orientation, lawful sexual activity, marital status, parental status or gender identity means that he or she does not meet that inherent requirement.

    (4)     The nature of the educational institution and the religious doctrines, beliefs or principles in accordance with which it is conducted must be taken into account in determining what is an inherent requirement for the purposes of subsection (3).