Listen to Justice Rothman – Schools Need a Positive Right
Christian schools are calling on the Albanese Government to ensure certainty and clarity for faith-based schools by establishing a positive right to religious freedom as recommended by Justice Stephen Rothman.
In a speech to a Christian schools conference earlier today, Dr Mark Fowler quoted extensively from a recent speech by Justice Stephen Rothman, where he outlined his preferred approach to resolving issues of conflict between various human rights. As Dr Fowler indicated (emphasis added):
"Justice Rothman's views are unequivocal. The conflict between successive ALRC Commissioners that I referred to before has been resolved. The judicial expert appointed to conduct the review of the current exemptions for religious schools by the current government, having consulted the relevant bodies and surveyed the relevant law, has concluded that religious schools should be given a 'positive right' to preference staff which would be available in respect of attributes under the Sex Discrimination Act and in respect of both staff and students. To that extent the conflict between successive Commissioners is addressed; Justice Rothman's predecessor Justice Derrington reached the same conclusion in the draft reform model she released in 2019."
The views of two eminent jurists, who have extensively considered these issues, should guide the Government in finalising the long overdue religious discrimination legislation package.
Detailed proposals put to the Government by faith-based groups reflect these views and provide a clear basis for legislative drafting and the introduction of bills to Parliament for public consideration and discussion.
Christian schools are calling on the Government to learn from the shortcomings of the previous Parliament and introduce legislation well in advance of any looming Federal election.
