Parliamentary Joint Committee on Human Rights

Narrowing the religious exemptions in the SDA and FWA in this way would be in line with recent reforms and recommendations at the state and territory level.23 Addressing these exemptions would also leave intact separate exemptions relating to the ordination, appointment, training or education of religious leaders, or the selection or appointment of persons connected with or participating in religi. [...] In the UK, where a proceeding is brought for a contravention of the Equality Act, if a prima facie case has been found by the court, the court must hold that the contravention occurred, except where the respondent persuades the court otherwise.32 This addresses the imbalance of knowledge when a person is treated unfairly but cannot show – without more evidence from the defendant – that discriminat. [...] We need a mechanism that results in more jurisprudence to help guide complainants and respondents alike as to their rights and obligations, or which allows the regulator to provide a view as to the merits of a matter to inform industry practice without the need for individual complaints. [...] For example, when responding to systemic discrimination, the AHRC is limited to producing and publishing a report and presenting that report to the Minister.41 Following the Respect@Work reforms, the AHRC was given additional inquiry and enforcement powers, but those powers are limited only in respect of compliance with the new positive duty to prevent discrimination on the basis of sex.42 40 See. [...] In the past, the AHRC has not had the resources to adequately address the needs of LGBTIQ+ communities and the absence of a dedicated Commissioner has meant – with some notable exceptions43 – less focus than has been needed on the issues facing LGBTIQ+ people during times of incredible discrimination and struggle, particularly for trans and gender diverse people.