Australian Capital Territory Numbered Acts

DISCRIMINATION AMENDMENT ACT 2023 (NO. 7 OF 2023) - SECT 9

substitute

31     Clubs and voluntary bodies

Part 3 does not make it unlawful for a club or voluntary body, or the committee of management or a member of the committee of management of the club or body, to discriminate against a person if—

        (a)     the club or body is established to benefit a class of people sharing a protected attribute; and

        (b)     the discrimination—

              (i)     is in relation to the provision of membership, benefits, facilities or services to the person; and

              (ii)     occurs because the person does not have the protected attribute; and

              (iii)     is reasonable, proportionate and justifiable in the circumstances.

32     Religious bodies

    (1)     Part 3 does not make it unlawful for a religious body to discriminate against a person in relation to the following:

        (a)     the ordination or appointment, by the body, of priests, ministers of religion or members of an order;

        (b)     the training or education of people seeking ordination or appointment, by the body, as priests, ministers of religion or members of an order;

        (c)     the selection or appointment of people to exercise functions for, or in relation to, any religious observance or practice by the body;

        (d)     the provision by the body of goods, services or facilities to the public if—

              (i)     the discrimination—

    (A)     is on the ground of religious conviction only; and

    (B)     conforms to the doctrines, tenets or beliefs of the body's religion; and

    (C)     is necessary to avoid injury to the religious susceptibilities of adherents of the religion; and

              (ii)     the body has published its policy in relation to the provision of goods, services or facilities; and

              (iii)     the policy is readily accessible to the public;

        (e)     employment by the body if—

              (i)     the discrimination—

    (A)     is on the ground of religious conviction only; and

    (B)     conforms to the doctrines, tenets or beliefs of the body's religion; and

    (C)     is necessary to avoid injury to the religious susceptibilities of adherents of the religion; and

              (ii)     the body has published its policy in relation to employment with the body; and

              (iii)     the policy is readily accessible to the public;

        (f)     any other act or practice of the body that—

              (i)     conforms to the doctrines, tenets or beliefs of the body's religion; and

              (ii)     is necessary to avoid injury to the religious susceptibilities of adherents of the religion.

    (2)     Subsection (1) (d) to (f) does not apply to discrimination in relation to—

        (a)     employment of a person at an educational institution; or

        (b)     admission, treatment or continued enrolment of a person as a student at an educational institution.

    (3)     Subsection (1) does not apply to a religious body whose sole or main purpose is a commercial purpose.

    (4)     Section 21 (Accommodation) does not make it unlawful for a religious body to discriminate against a person in relation to the provision of accommodation for members of a relevant class of people.