A re-elected Labor government in Western Australia would aim to introduce legislation next year to remove religious exemptions to equal opportunity laws.

In a letter to the Rationalist Society of Australia last week, John Quigley (pictured), the state’s Attorney-General, reaffirmed the Cook government’s commitment to “reforming and narrowing the religious exemptions” that apply for religious schools and religious bodies under the Equal Opportunity Act 1984 (WA).

In September, the RSA urged Mr Quigley’s government to prioritise addressing the broad exemptions that allow religious schools to discriminate against LGBTIQA+ staff and students, and allow discrimination for reasons to “avoid injury to the religious susceptibilities of adherents” – including marital and relationship status, and pregnancy status. 

When the Albanese government was still considering its own reforms to remove religious exemptions from federal laws earlier this year, Mr Quigley postponed the Western Australia reform effort until after the 2025 state election so as not to “upset the applecart”.

Last week, his office told RSA Executive Director Si Gladman that “policy and drafting” was underway for a new Equal Opportunity Act.

“The Cook Labor Government hopes to have legislation to be ready for introduction in 2025 under a re-elected Cook Labor Government,”  said the letter (see below).

The state election will be held in March.

In response to the Law Reform Commission of Western Australia’s (LRCWA) 2022 review of the Equal Opportunity Act, Mr Quigley gave a commitment to strengthen equal opportunity protections for LGBTIQA+ teachers and students in religious schools. In a 2021 submission to the LRCWA’s review, the RSA had called for a narrowing of the broad religious exemptions.

Mr Quigley’s letter said the government remained committed to delivering on these LRCWA recommendations.

“In particular, the Government is supportive of the LRCWA recommendations which relate to reforming and narrowing the religious exemptions provided under the EO Act, and strengthening equal opportunity protections for LGBTIQA+ staff and students in religious schools.”

However, the letter from Mr Quigley’s office did not address the RSA’s call for the government to also support strengthened protections for non-religious people. The LRCWA’s report included a clearer statement that discrimination on the basis of absence of religious belief, conviction or activity should be prohibited.

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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

Photo: John Quigley (Facebook)

Letter from West Australian Attorney-General John Quigley, 22 October 2024

Dear Si Gladman

RELIGIOUS EXEMPTIONS IN WA EQUAL OPPORTUNITY LAWS

Thank you for your letter to the Hon. John Quigley MLA, Attorney General; Minister for Electoral Affairs, dated 19 September 2024 regarding reforms to the Equal Opportunity Act 1984 (WA) (the EO Act). I am responding on the Attorney General’s behalf.

As you are aware, the State Government broadly accepted the recommendations made by the Law Reform Commission of Western Australia (LRCWA) in the Final Report on the Review of the EO Act. In particular, the Government is supportive of the LRCWA recommendations which relate to reforming and narrowing the religious exemptions provided under the EO Act, and strengthening equal opportunity protections for LGBTIQA+ staff and students in religious schools.

Policy and drafting work is underway on a new EO Act for Western Australia. The Cook Labor Government hopes to have legislation to be ready for introduction in 2025 under a re-elected Cook Labor Government.

Thank you for your continued engagement and support for these important reforms.

Yours sincerely

OFFICE OF THE ATTORNEY GENERAL