35BExemption – work in religious educational institutions

35B Exemption – work in religious educational institutions (1) An educational authority that operates or proposes to operate an educational institution in accordance with the doctrine of a particular religion may discriminate against a person in the area of work in the educational institution if the discrimination: (a) is on the ground of religious belief or activity; and (b) is in good faith to avoid offending the religious sensitivities of a reasonable person of the particular religion. (2) For subsection (1), the educational authority may: (a) give preference to employing persons of the same religion as the religion in accordance with which the educational institution operates or proposes to operate; and

Anti-Discrimination Act 1992 30 (b) establish requirements in relation to the manner in which a person employed by the educational authority conducts themselves while at the workplace of the educational institution. (3) Subsections (1) and (2) do not apply in respect of an educational institution unless the educational authority: (a) produces a written policy for the educational institution that sets out the elements of the doctrine of the religion in accordance with which the educational institution operates: (i) that may be taken in account in giving preference to the employment of people of that religion in accordance with subsection (2)(a); and (ii) in establishing any requirements under subsection (2)(b) as to the conduct at the workplace of persons employed by the educational institution; and (b) makes the written policy available to employees and prospective employees. doctrine, of a religion, includes the tenets, beliefs and teachings of the religion.