NSW ANTI-DISCRIMINATION CASE SHEDS NEW LIGHT ON THE MEANING OF RELIGION 

Author

Alistair Macpherson

Senior Associate

Brisbane Office

Contact Alistair

Ph (07) 3252 0011

OV v QZ (No 2) [2008] NSW ADT 115

A recent decision of the NSW Administrative Decisions Tribunal has shed new light on the meaning of religion, particularly in the application of Anti-Discrimination Legislation and decisions made by religious bodies that are prima-facie discriminatory (for example, discriminatory decisions against same-sex couples). 

 

Whilst the decision is specific to NSW Legislation, that legislation does have some similarity to the Queensland Anti-Discrimination Act 1991.  For that reason, it is useful to take note of the ramifications of this decision.

 

The facts of the case

 

In 2002, a same-sex couple contacted the Wesley Mission to make inquiries about becoming foster-carers.  They were told that, as a matter of policy, applications from same-sex couple were never accepted.  They lodged a complaint with the Anti-Discrimination Board alleging discrimination on the ground of homosexuality.

 

There was no dispute that the applicants were rejected on the basis of their homosexuality.  The Wesley Mission contended, however, that this policy did not constitute unlawful discrimination, and relied upon the defence for religious bodies, as provided in section 56 of the Anti-Discrimination Act 1977. 

 

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