ACTIn ForceAct
Discrimination Act 1991
32Religious bodies
Start here
Get a plain-English read of 32
Turn the raw legal text into a practical explanation grounded in Discrimination Act 1991.
32 Religious bodies
(1) Part 3 does not make it unlawful for a religious body to discriminate
against a person in relation to the following:
(a) the ordination or appointment, by the body, of priests, ministers
of religion or members of an order;
(b) the training or education of people seeking ordination or
appointment, by the body, as priests, ministers of religion or
members of an order;
(c) the selection or appointment of people to exercise functions for,
or in relation to, any religious observance or practice by the
body;
(d) the provision by the body of goods, services or facilities to the
public if—
(i) the discrimination—
(A) is on the ground of religious conviction only; and
(B) conforms to the doctrines, tenets or beliefs of the
body’s religion; and
(C) is necessary to avoid injury to the religious
susceptibilities of adherents of the religion; and
(ii) the body has published its policy in relation to the
provision of goods, services or facilities; and
(iii) the policy is readily accessible to the public;
(e) employment by the body if—
(i) the discrimination—
(A) is on the ground of religious conviction only; and
(B) conforms to the doctrines, tenets or beliefs of the
body’s religion; and
(C) is necessary to avoid injury to the religious
susceptibilities of adherents of the religion; and
(ii) the body has published its policy in relation to employment
with the body; and
(iii) the policy is readily accessible to the public;
(f) the provision by the body of accommodation for members of a
relevant class of people;
(g) any other act or practice of the body that—
(i) conforms to the doctrines, tenets or beliefs of the body’s
religion; and
(ii) is necessary to avoid injury to the religious susceptibilities
of adherents of the religion.
(2) Subsection (1) (d) to (g) does not apply to discrimination in relation
to—
(a) employment of a person at an educational institution; or
(b) admission, treatment or continued enrolment of a person as a
student at an educational institution.
(3) Subsection (1) does not apply to a religious body whose sole or main
purpose is a commercial purpose.