RELIGIOUS schools will soon be able to reject prospective students who do not share their faith, regardless of enrolment levels.
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The Legislative Council has signed off on changes to the Anti-Discrimination Act, giving faith-based schools more power to decide on the children they accept.
Independent school and church groups endorse the changes, but they have attracted widespread condemnation from lawyers, unions, civil libertarians and gay rights activists. Opponents fear the legislation could have broad unintended consequences, opening a floodgate for schools to discriminate on a range of grounds under the guise of religion.
MLCs yesterday sought to tighten the bill by making it clearer that schools could not discriminate based on other matters such as race, gender identity or sexual orientation.
Murchison MLC Ruth Forrest said it remained to be seen what difference this clarification would make.
‘‘We’ll just have to wait until these news laws are tested in front of the Anti-Discrimination Commissioner, tribunals or the courts,’’ Ms Forrest said.
But Attorney-General Vanessa Goodwin is confident the legislation has been further strengthened by the changes.
‘‘The amendments which have been adopted further clarify that the exemption applies only to religious beliefs and affiliations,’’ Dr Goodwin said. ‘‘This was an election commitment of the Liberal government, which brings Tasmania into line with the rest of the country.’’
There were also concerns about how a young child’s religious belief would be tested.
Now, schools may consider the religion of parents, grandparents or guardians in reaching their decision.
Launceston MLC Rosemary Armitage is among the majority of MLCs satisfied with the bill.
‘‘I don’t think it’s at all unfair for schools of faith to choose their own students,’’ Ms Armitage said.
‘‘Nothing is going to change, and I think most people understand the likely conditions that come with applying to a religious school.’’
MLCs will give the bill a final stamp of approval next week, before the government does the same.