In the wake of Israel Folau's controversial GoFundMe campaign, is it time for a Religious Discrimination Act in Australia?

Religious freedom: What can and can't you say?

The government’s religious freedom reforms have taken another step forward with the release of a second draft, which includes a number of concessions following extended consultation.

Stakeholders from religious groups to aged care providers and LGBTI rights advocates have been involved in long-running negotiations for months.

Those talks led to the release today of the second and final exposure draft of the Religious Discrimination Bill, announced by Prime Minister Scott Morrison and Attorney-General Christian Porter.

What Australians believe, both those of faith and no faith, is “such a personal matter”, Mr Morrison told reporters in Sydney.

“It’s hard to imagine something more personal,” he said, adding it was for that reason the process had to be one that was “on a platform of tolerance and inclusion that brings people together around the big issues”.

The changes would enshrine the protection of religious belief and activity while also “unifying our country’s firm belief in religious freedom”, Mr Morrison said.

The second exposure draft includes 11 key changes, most of which focus on clarifying the definition of what constitutes a religious body and tightening the definition of vilification.

But perhaps the most timely change relates to someone suffering professional consequences for a religious view they’ve expressed outside of work, including on social media.

The change to that provision comes less than a week after Israel Folau and Rugby Australia reached a settlement to their long-running dispute.

Folau was sacked from the NSW Waratahs and the Wallabies teams for declaring on social media that homosexuals are destined for hell, after a warning for a similar post several months prior.

Under the draft legislation, should an employee be reprimanded for expressing a view based on their faith, that could be considered religious discrimination unless damage is proven.

“(Companies) would have to show there’s undue financial hardship (as a result of the belief being expressed),” Mr Porter said.

Similarly, professional registration bodies, such as those for doctors and lawyers, would not be able to impose social media policies that infringe on the free expression of beliefs.

But, in all respects, the second draft also “finetunes” the definition of “vilify”, Mr Porter said.

“It protects statements of religious belief, it doesn’t protect statements that vilify … that incite hatred or violence,” he said.

Another major change makes it clear that religious bodies are able to make employment and other administrative decisions based upon faith.

But now, that definition of ‘religious body’ would include charitable organisations that have a predominantly commercial function, such as St Vincent de Paul.



After the release of the first draft, LGBTI groups objected to the broad definition of medical professionals when it came to allowing conscientious objection for religious reasons.

The new draft narrows that to nurses, midwives, doctors, psychologists and pharmacists – something that Mr Porter pointed out was largely supported by religious groups.

However, the new draft makes it clear that the objection provisions don’t give the right to discriminate against individuals – but rather procedures themselves.

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The new draft also makes clear that religious hospitals, aged care facilities and accommodation providers can make staffing decisions based on faith.

Religious camps and conference centres can also take faith into account when deciding whether to provide accommodation, but must make their policy publicly available.

Mr Morrison said he was confident that the legislation could protect religious freedoms and prevent discrimination without “cutting across the broader rights and liberalities of all Australians”.

“We’ve been listening to everybody,” he said of the latest consultation.

“The practical issues that have been brought up during the consultation process have been very productive … it deals with the everyday experience of how religious organisations and people of faith go about expressing and conducting their faith.”

The reform process has been slow due to objections from religious groups after the release of the first draft.

A new round of submissions will now open, with stakeholders having until January 31 to offer feedback. The new draft is available for review.