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 Anti Discrimination Legislation

The Anti-Discrimination Act 1991 (Qld) provides an exemption from the provisions of the legislation where there are genuine occupational requirements of a position. In the case of employment with a religious entity, if the particular position genuinely and necessarily involves adhering to and communicating the entity’s religious belief, then discrimination on the basis of the religious belief or religious activity would be appropriate.

Specifically the act states:

s 25 Genuine occupational requirements
(1) A person may impose genuine occupational requirements for a position.
Examples of genuine requirements for a position

Example 1—
selecting an actor for a dramatic performance on the basis of age, race or sex for reasons of authenticity

Example 2—
using membership of a particular political party as a criterion for a position as an adviser to a political party or a worker in the office of a member of Parliament

Example 3—
considering only women applicants for a position involving body searches of women

Example 4—
employing persons of a particular religion to teach in a school established for students of the particular religion


Brisbane Catholic Education Office

243 Gladstone Road, Dutton Park Q 4102

GPO Box 1201 Brisbane 4001 Australia

Phone: (07) 3033 7000

Fax: (07) 3844 5101