The report by former attorney-general Philip Ruddock,which was ordered by Malcolm Turnbull in the wake of last year's same-sex marriage victory,was delivered to the government in May but has been kept under wraps ever since.
The front cover of the religious freedom review.
Prime Minister Scott Morrison has vowed to make the report public towards the end of the year,when he also plans to release the government's response.
The review's recommendations include amendments to federal laws permitting discrimination against gay students and teachers,and a new Religious Discrimination Act.
Fairfax Media can now publish the full 20 recommendations from the review for subscribers:
Recommendation 1
Those jurisdictions that retain exceptions or exemptions in their anti-discrimination laws for religious bodies with respect to race,disability,pregnancy or intersex status should review them,having regard to community expectations.
Recommendation 2
Commonwealth,state and territory governments should have regard to the Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights when drafting laws that would limit the right to freedom of religion.
Recommendation 3
Commonwealth,state and territory governments should consider the use of objects,purposes or other interpretive clauses in anti-discrimination legislation to reflect the equal status in international law of all human rights,including freedom of religion.
Recommendation 4
The Commonwealth should amend section 11 of the Charities Act 2013 to clarify that advocacy of a ‘traditional’ view of marriage would not,of itself,amount to a ‘disqualifying purpose’.
Recommendation 5
The Commonwealth should amend the Sex Discrimination Act 1984 to provide that religious schools can discriminate in relation to the employment of staff,and the engagement of contractors,on the basis of sexual orientation,gender identity or relationship status provided that:
Recommendation 6
Jurisdictions should abolish any exceptions to anti-discrimination laws that provide for discrimination by religious schools in employment on the basis of race,disability,pregnancy or intersex status. Further,jurisdictions should ensure that any exceptions for religious schools do not permit discrimination against an existing employee solely on the basis that the employee has entered into a marriage.
Recommendation 7
The Commonwealth should amend the Sex Discrimination Act to provide that religious schools may discriminate in relation to students on the basis of sexual orientation,gender identity or relationship status provided that:
Recommendation 8
Jurisdictions should abolish any exceptions to anti-discrimination laws that provide for discrimination by religious schools with respect to students on the basis of race,disability,pregnancy or intersex status.
Recommendation 9
State and territory education departments should maintain clear policies as to when and how a parent or guardian may request that a child be removed from a class that contains instruction on religious or moral matters and ensure that these policies are applied consistently. These policies should:
Recommendation 10
The Commonwealth Attorney-General should consider the guidance material on the Attorney-General’s Department’s website relating to authorised celebrants to ensure that it uses plain English to explain clearly and precisely the operation of the Marriage Act 1961. The updated guidance should include:
Recommendation 11
The Commonwealth Attorney-General should consider whether the Code of Practice set out in Schedule 2 of the Marriage Regulations 2017 is appropriately adapted to the needs of smaller and emerging religious bodies.
Recommendation 12
The Commonwealth should progress legislative amendments to make it clear that religious schools are not required to make available their facilities,or to provide goods or services,for any marriage,provided that the refusal:
Recommendation 13
Those jurisdictions that have not abolished statutory or common law offences of blasphemy should do so.
Recommendation 14
References to blasphemy in the Shipping Registration Regulations 1981,and in state and territory primary and secondary legislation,should be repealed or replaced with terms applicable not only to religion.
Recommendation 15
The Commonwealth should amend the Racial Discrimination Act 1975,or enact a Religious Discrimination Act,to render it unlawful to discriminate on the basis of a person’s ‘religious belief or activity’,including on the basis that a person does not hold any religious belief. In doing so,consideration should be given to providing for appropriate exceptions and exemptions,including for religious bodies,religious schools and charities.
Recommendation 16
New South Wales and South Australia should amend their anti-discrimination laws to render it unlawful to discriminate on the basis of a person’s ‘religious belief or activity’ including on the basis that a person does not hold any religious belief. In doing so,consideration should be given to providing for the appropriate exceptions and exemptions,including for religious bodies,religious schools and charities.
Recommendation 17
The Commonwealth should commission the collection and analysis of quantitative and qualitative information on the experience of freedom of religion in Australia at the community level,
including:
Recommendation 18
The Commonwealth should support the development of a religious engagement and public education program about human rights and religion in Australia,the importance of the right to freedom of religion and belief,and the current protections for religious freedom in Australian and international law. As a first step,the panel recommends that the Attorney-General should ask the
Parliamentary Joint Committee on Human Rights to inquire into and report on how best to enhance engagement,education and awareness about these issues.
Recommendation 19
The Australian Human Rights Commission should take a leading role in the protection of freedom of religion,including through enhancing engagement,understanding and dialogue. This should occur within the existing commissioner model and not necessarily through the creation of a new position.
Recommendation 20
The Prime Minister and the Commonwealth Attorney-General should take leadership of the issues identified in this report with respect to the Commonwealth,and work with the states and territories to ensure its implementation. While the panel hopes it would not be necessary,consideration
should be given to further Commonwealth legislative solutions if required.
Prime Minister Scott Morrison says that the law already permits schools from refusing to accept a child based on their involvement in the LGBTQI community and that the government is not looking to change that law.