Summary
5.1 Religious freedom encompasses freedom of conscience and belief, the right to observe or exercise religious beliefs, and freedom from coercion or discrimination on the grounds of religious (or non-religious) belief.5.2 This chapter discusses the source and rationale for freedom of religion in Australian law; how this freedom is protected from statutory encroachment; and when …
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5.8 Arguably, ‘the struggle for most of the principal civil liberties we have today originated in the struggle for various aspects of religious liberty’.[1] However, the common law itself has provided little protection for freedom of religion.[2]5.9 Australian courts have stated that religious belief is a ‘fundamental right because our society tolerates pluralism and diversity …
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Australian Constitution5.25 Religious freedom receives some constitutional protection in Australia. Section 116 of the Australian Constitution provides:The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office …
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5.154 There is no obvious evidence that Commonwealth anti-discrimination laws significantly encroach on freedom of religion in Australia, especially given the existing exemptions for religious organisations. Nevertheless, concerns about freedom of religion should be considered in future initiatives directed towards the consolidation of Commonwealth anti-discrimination laws, or harmonisation of Commonwealth, state and territory anti-discrimination laws. …
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2.2 The rights, freedoms and privileges set out in the Terms of Reference have a long and distinguished heritage. Many have been recognised in Australia, England and other common law countries for centuries. They form part of the history of the common law, embodying key moments in constitutional history, such as the sealing of the …
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Review of Commonwealth Laws for Consistency with Traditional Rights, Freedoms and PrivilegesI, Senator the Hon George Brandis QC, Attorney-General of Australia, having regard to the rights, freedoms and privileges recognised by the common law,REFER to the Australian Law Reform Commission (ALRC) for inquiry and report pursuant to section 20(1) of the Australian Law Reform Commission …
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5.128 A wide range of Commonwealth laws may be seen as interfering with freedom of association, in the contexts of criminal law; public assembly; workplace relations; migration law; and anti-discrimination law. However, many provisions relate to limitations that have long been recognised by the common law itself, for example, in relation to consorting with criminals, …
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4.1 Generally speaking, Australians enjoy significant religious freedom, particularly by comparison to other jurisdictions. Australians enjoy the freedom to worship and practise religion, as well as the freedom not to worship or engage in religious practices.4.2 The common law provides limited protection for freedom of religion.[1] The scope of religious freedom at common law is …
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Australian Constitution4.20 Religious freedom is one of the few freedoms that receives some constitutional protection in Australia. Section 116 of the Australian Constitution provides:The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be …
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4.115 Generally speaking, Australians are not constrained in the exercise of religious freedom. There are only a few provisions in Commonwealth laws that interfere with religious freedom.4.116 A diverse range of stakeholders raised concerns about the scope and application of the religious organisation exemptions in ss 37 and 39 of the Sex Discrimination Act 1984 …
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