Redrafting of WA equal opportunity laws “continuing as matter of priority”, says Attorney-General

Si Gladman / 24 October 2025

The West Australian government has confirmed it remains committed to reforming the state’s equal opportunity laws following questions from the Rationalist Society of Australia about the lack of action on religious exemptions.

In a letter to the RSA this week, Attorney-General Tony Buti (pictured) said that drafting work on a new Equal Opportunity Act was ongoing.

“The Cook Labor Government is committed to reforming our existing equal opportunity legislation to ensure it reflects the kind of fair society that we want to live in and protects all Western Australians from discrimination,” he said.

“Drafting of the new EO Act is continuing as a matter of priority and Government will introduce it to Parliament as soon as it is ready.”

Last month, RSA Executive Director Si Gladman asked Mr Buti about when the state government would deliver on its commitment to address the broad religious exemptions that allow religious schools to discriminate against LGBTIQA+ staff and students, and allow discrimination for other reasons to “avoid injury to the religious susceptibilities of adherents”.

In April 2024, Mr Buti’s predecessor, John Quigley, announced that he was postponing the reform effort until after the 2025 state election so as not to “upset the applecart”.

Then, in October last year Mr Quigley told the RSA that a re-elected Cook government would seek to amend the Equal Opportunity Act in 2025 as part of “reforming and narrowing the religious exemptions provided under the EO Act”.

At that time, Mr Quigley said that drafting work was “underway” and reiterated the government’s previous commitment – given in response to the Law Reform Commission of Western Australia’s (LRCWA) 2022 review of the Equal Opportunity Act – to strengthen equal opportunity protections for LGBTIQA+ staff and students in religious schools.

The LRCWA recommended that Western Australia follow the Victorian example and restrict discrimination in religious schools to positions where religion is an inherent job requirement.

Mr Buti took over the role as Attorney-General following the Cook government’s re-election earlier this year.

Yet, only three sitting weeks remain in the West Australian Parliament this year, meaning that the passing of any reforms will likely have to happen next year.

Speaking today, Mr Gladman said it was now time for the Cook government to get on with the job of delivering its commitment to West Australians.

“Discrimination such as this causes much harm in the West Australian community and is simply no longer appropriate for our modern society. Religion should not be accepted as an excuse for harming others,” he said.

The RSA has also called for strengthened protections for non-religious people in the state’s Equal Opportunity Act.

In 2022, the LRCWA’s report included a clearer statement that discrimination on the basis of absence of religious belief, conviction or activity should be prohibited. The RSA made that recommendation in a submission to the LRCWA review process in 2021.

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Si Gladman is the Executive Director of the Rationalist Society of Australia. You can contact him at sigladman@rationalist.com.au or follow him on Twitter at @si_gladman

 

Letter from Attorney-General Buti, 20 October 2025

Dear Mr Gladman

FOLLOW-UP REGARDING RELIGIOUS EXEMPTIONS IN THE EQUAL OPPORTUNITY ACT 1984 (WA)

Thank you for your email dated 23 September 2025, regarding the status and timing of reforms to the Equal Opportunity Act 1984 (WA) (the EO Act).

The EO Act is Western Australia’s cornerstone piece of anti-discrimination legislation. It aims to ensure everyone is treated equally and is free to exercise their human rights in a manner that respects the rights of others.

The Cook Labor Government is committed to reforming our existing equal opportunity legislation to ensure it reflects the kind of fair society that we want to live in and protects all Western Australians from discrimination.

Drafting of the new EO Act is continuing as a matter of priority and Government will introduce it to Parliament as soon as it is ready.

Thank you for your continued support for these important reforms.

Yours sincerely

Dr Tony Buti MLA

ATTORNEY GENERAL

 

RSA letter to Attorney-General Buti, 23 September 2025

Dear Attorney-General,

I’m writing on behalf of the Rationalist Society of Australia, which is Australia’s oldest freethought organisation promoting reason, secularism and evidence-based policy.

In October last year, your predecessor, John Quigley, told us that a re-elected Cook government would seek to amend the Equal Opportunity Act 1984 (WA) in 2025 as part of “reforming and narrowing the religious exemptions provided under the EO Act”.

In the letter to us, Mr Quigley said “policy and drafting work is underway”.

He also reiterated the government’s previous commitment – given in response to the Law Reform Commission of Western Australia’s 2022 review of the Equal Opportunity Act – to strengthen equal opportunity protections for LGBTIQA+ staff and students in religious schools.

Last year, we urged the Cook government to show leadership on this issue and do what is right for LGBTIQA+ West Australians and for others harmed by the exemptions to anti-discrimination laws.

Mr Buti, as we’re approaching the end of 2025, and being three years since the Law Reform Commission of Western Australia’s review, when will the Cook government finally deliver on these commitments?

We look forward to your reply.

Si Gladman

Executive Director

Rationalist Society of Australia

All the more reason.