FED Religious Schools and Colleges Banned from Discriminating Against Students and Staff; Protection from Discrimination for a Person's Associates

Sex Discrimination and Fair Work Amendment (Equality in Treatment in Religious Schools) Bill 2026

Independent Bill

House of Representatives

Senate

Assent

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Introduced by: Allegra Spender MP (IND)

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

Religious educational institutions can no longer use religious exceptions to discriminate against students or staff.
Religious educational institutions can only consider a person's religion when first hiring staff or promoting them to senior religious leadership roles, such as a principal, chaplain, or religious education teacher. To do this, the employer must act in good faith and the role must involve teaching or practicing the religion.
Religious educational institutions are banned from discriminating against students or staff based on sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy, breastfeeding, or family responsibilities.
Religious educational institutions can no longer use religious exceptions to discriminate when providing accommodation, such as school boarding houses for students or staff housing.
It is now unlawful to discriminate against a person's 'associate'. This includes their spouse, partner, relative, carer, or a business or sporting associate.
Terms in modern awards or enterprise agreements are void if they require staff at religious institutions to follow a code of conduct regarding their private life or personal beliefs that breaches sex discrimination laws.
Employers at religious institutions cannot fire staff or take adverse action against them based on religion by claiming they are protecting 'religious susceptibilities'.
Existing modern awards and enterprise agreements must comply with these new rules against discrimination. Any existing terms that breach these rules are now void or limited.