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Discrimination Act 1991
46Religious educational institutions
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46 Religious educational institutions
(1) Section 18 does not make unlawful discrimination on the ground of
religious conviction in relation to a failure to accept a person’s
application for admission as a student at an educational institution
that is conducted solely for students having a religious conviction
other than that of the applicant.
(2) Section 10 or section 13 does not make unlawful discrimination on
the ground of religious conviction in relation to staff matters at an
educational institution if—
(a) the institution is conducted in accordance with the doctrines,
tenets, beliefs or teaching of a particular religion or creed; and
(b) the discrimination is intended to enable, or better enable, the
institution to be conducted in accordance with those doctrines,
tenets, beliefs or teachings.
(3) Subsection (1) does not apply unless—
(a) the educational institution has published its policy in relation to
student matters; and
(b) the policy is readily accessible by prospective and current
students at the institution.
(4) Subsection (2) does not apply unless—
(a) the educational institution has published its policy in relation to
staff matters; and
(b) the policy is readily accessible by prospective and current
employees and contractors of the institution.
(5) In this section:
staff matters, in relation to an educational institution, means—
(a) the employment of a member of staff of the institution; or
(b) the engagement of a contractor to do work in the institution.
student matters, in relation to an educational institution, means the
admission of a student at the institution.