Appendix C – Overview of applicable laws in Australian jurisdictions Table C1 outlines key protections for religious belief in Australian legislation, including anti-discrimination, anti-vilification, constitutional, and human rights protections. Table C1: The human right to religious freedom Jurisdiction Constitutional protection Human rights charter Discrimination Vilification Commonwealth Limitation on Commonwealth legislative power. Constitution of Australia s 116. N/A Religion in employment. Fair Work Act 2009 (Cth). Ethnic origin, including ethno-religious origin. Racial Discrimination Act 1975 (Cth). Religious conviction. Discrimination Act 1991 (ACT). Urging violence against a groups, or members of groups, distinguished by religion. Criminal Code Act 1995 (Cth). Australian Capital None. Territory Freedom of thought, conscience, religion and belief. Human Rights Act 2004 (ACT). New South Wales None. N/A Northern Territory None. N/A Queensland None. N/A South Australia None. N/A Tasmania Freedom of conscience and the free profession and practice of religion. Constitution Act 1934 N/A Provision for exemption from special religious education in schools N/A Provision for General provision exemption from sex for exemption from education in schools classes in schools N/A N/A Religious conviction. Discrimination Act 1991 (ACT). Religious conviction. Criminal Code 2002 (ACT). Race, including ethno- Race, including ethnoreligious origin. religious origin. Anti-Discrimination Anti-Discrimination Act 1977 (NSW). Act 1977 (NSW). Yes – parents may request for their children to receive religious education. Education Act 2004 (ACT). Yes. Education Act 1990 (NSW). No. No. Covered by general exemption provision. Education Act 1990 (NSW). Only on religious grounds. Education Act 1990 (NSW). Religious belief or activity. Anti-Discrimination Act 1996 (NT). Religious belief or religious activity. Anti-Discrimination Act 1991 (Qld). Religious appearance or dress. Equal Opportunity Act 1984 (SA). None. Yes. Education Act 2015 (NT). Yes. Education Act 2015 (NT). Religion. Anti-Discrimination Act 1991 (Qld). No. No. Religious activity or affiliation, or religious belief. Anti-Discrimination Act 1998 (Tas). Religious activity or affiliation, or religious belief. Anti-Discrimination Act 1998 (Tas). Yes. Education (General Provisions) Act 2006 (Qld). Yes. Education Act 1972 (SA). Educational Regulations 2012 (SA). Yes. Education Act 2016 (Tas). Covered by general exemption provision. Education Act 2015 (NT). No. No. Yes (for activities). Education Act 2016 (Tas). None. 128 No. Jurisdiction Victoria Western Australia Constitutional protection (Tas). None. None Human rights charter Discrimination Vilification Provision for Provision for General provision exemption from exemption from sex for exemption from special religious education in schools classes in schools education in schools Freedom of thought, conscience, religion and belief. Charter of Human Rights and Responsibilities Act 2006 (Vic). N/A Religious belief or activity. Equal Opportunity Act 2010 (Vic). Religious belief or activity. Racial and Religious Tolerance Act 2001 (Vic). Yes. Educational Training and Reform Act 2006 (Vic). No. No. Religious conviction. Equal Opportunity Act 1984 (WA). None. Yes. School Education Act 1999 (WA). Covered by general exemption provision. School Education Act 1999 (WA). Yes. School Education Act 1999 (WA). 129