The Equality Act 2010 makes it unlawful to discriminate against someone because of religion or belief, or because of a lack a religion or belief. For example, the Act protects Christians if they are discriminated against because of their Christian beliefs.
Protected characteristics
These are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
(1)Religion means any religion and a reference to religion includes a reference to a lack of religion. (2)Belief means any religious or philosophical belief and a reference to belief includes a reference to a lack of belief.
If you were subjected to unlawful treatment (eg discrimination, harassment or victimisation) before 1 October 2010, the Equality Act won't apply. Instead, you'll be covered by the legislation that was in force at the time.
The Equality Act protects people from discrimination because of religion or religious or philosophical belief. To be protected, a person must belong to a religion that has a clear structure and belief system.
Title VII of the Civil Rights Act of 1964 protects all aspects of religious observance and practice as well as belief and defines religion very broadly for purposes of determining what the law covers.
Australia is a party to seven core international human rights treaties. The right to freedom of thought, conscience and religion or belief is contained in article 18 of the International Covenant on Civil and Political Rights (ICCPR).
7Gender reassignment
(1)A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex.
Section 15(1) of the Equality Act 2010 states that discrimination arising from disability occurs where both: A treats B unfavourably because of something arising in consequence of B's disability; and. A cannot show that the treatment is a proportionate means of achieving a legitimate aim.
13Direct discrimination
(1)A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.
Discrimination related to religion, religious conviction, religious belief or religious activity can be unlawful under the laws of the ACT, Northern Territory, Queensland, Tasmania, Victoria and Western Australia.
It is discrimination to treat you unfairly compared to someone else, because of your religion or belief. This is called direct discrimination and is illegal. Examples include: refusing you a bank loan because you're Jewish.
Description. Requires that everyone is treated equally before the law, without regard to their religion. This may apply to both public and private interactions in some jurisdictions.
27Victimisation
(a)bringing proceedings under this Act; (b)giving evidence or information in connection with proceedings under this Act; (c)doing any other thing for the purposes of or in connection with this Act; (d)making an allegation (whether or not express) that A or another person has contravened this Act.
(a)a reference to a person who has a particular protected characteristic is a reference to a person of a particular racial group; (b)a reference to persons who share a protected characteristic is a reference to persons of the same racial group.
(1)A person whose permission is required for the disposal of premises must not discriminate against another by not giving permission for the disposal of the premises to the other.
20Duty to make adjustments
(4)The second requirement is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.
19Indirect discrimination
(1)A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's. (d)A cannot show it to be a proportionate means of achieving a legitimate aim.
26Harassment
(ii)creating an intimidating, hostile, degrading, humiliating or offensive environment for B. (b)the conduct has the purpose or effect referred to in subsection (1)(b).
Section 12 of the Equality Act provides that no person may disseminate or broadcast any information, or publish or display any advertisement or notice that could reason- ably be understood to demonstrate a clear intention to unfairly discriminate against any person.
Section 11 of the Equality Act 2006 allows the Equality and Human Rights Commission (EHRC) to advise the UK Government on the effectiveness of equality law. The EHRC's initial response to this request is set out in a letter sent to the Minister on 3 April 2023.
29Provision of services, etc.
(1)A person (a “service-provider”) concerned with the provision of a service to the public or a section of the public (for payment or not) must not discriminate against a person requiring the service by not providing the person with the service.
Constitutional law
While there is some protection given to religious freedom in the Australian Constitution, it is far from comprehensive. Section 116 prohibits the Commonwealth Parliament from enacting legislation that would prohibit the free exercise of religion or establish a religion.
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching practice and observance.
Section 51 is the part of the Constitution that lets the Australian Parliament make national laws about different matters, like tax and welfare. Some words in section 51 give the Australian Parliament the power to make special laws for the people of any race. This is called the race power.