This Background Paper aims to reflect what the Australian Law Reform Commission (‘ALRC’) heard from a wide range of stakeholders during its Inquiry into Religious Educational Institutions and Anti-Discrimination Laws. The Background Paper includes an overview of the Inquiry approach, including the methodology adopted to create an evidentiary base for the ALRC’s recommendations, and an analysis and discussion of key themes and interrelated issues which emerged from consultations, submissions, and survey responses.
These background papers are intended to provide a high-level overview of topics of relevance to the Inquiry, including key principles and areas of research that underpin the development of recommendations.
Around the world, jurisdictions have grappled with the problem of how best to maximise realisation of all human rights in the context of religious educational institutions. Different jurisdictions have dealt with this issue in different ways, which has led to a variety of legal approaches. This Background Paper discusses the application of anti-discrimination law to religious educational institutions from a comparative law perspective. The laws of five foreign jurisdictions are examined, including the European Union, England and Wales, the Republic of Ireland, New Zealand, and Canada.
These background papers are intended to provide a high-level overview of topics of relevance to the Australian Law Reform Commission’s Inquiry into Religious Educational Institutions and Anti-Discrimination Laws, including key principles and areas of research that underpin the development of recommendations.
This discussion of the submissions received in response to Interim Report C is the 12th in a series of background papers released by the Australian Law Reform Commission (‘ALRC’) as part of its Review of the Legislative Framework for Corporations and Financial Services Regulation (‘the Inquiry’).
These background papers are intended to provide a high-level overview of topics of relevance to the Inquiry. They discuss key principles and areas of research that underpin the development of recommendations.
The ALRC is required to publish the Final Report of the Inquiry by 30 November 2023. In the meantime, feedback on the background papers is welcome at any time by email to [email protected].
The Australian Law Reform Commission report, Financial Services Legislation: Interim Report C (Report 140, 2023), was tabled in Parliament by the Attorney-General of Australia, the Hon Mark Dreyfus KC MP on 22 June 2023.
Interim Report C contains recommendations, proposals, and questions in relation to the reform of corporations and financial services legislation. The recommendations in Interim Report B relate to technical improvements that would simplify corporations and financial services legislation. The recommendations are in a form that may be implemented prior to the conclusion of the Inquiry, if accepted by the Australian Government.
In respect of the proposals and questions, the ALRC is seeking written submissions from stakeholders. Submissions, together with further consultations, surveys, workshops, and seminars, will form part of the evidence base for a further Interim Report and the Final Report.
Submissions close 26 July 2023.
Download the Summary Report.
Download Interim Report C.
Hard copy versions of the report are also available to purchase.
Download additional resources:
- Selection of OPC Drafting Rules: Note summarising a range of drafting rules and conventions adopted by the Office of Parliamentary Counsel (Cth).
- Illustrative FSL Schedule: This Appendix, also published as Appendix D to Interim Report C, illustrates how the financial services-related aspects of Chapter 7 of the Corporations Act and the entirety of Part 2 Div 2 of the ASIC Act may be restructured within Sch 1 to the Corporations Act (the FSL Schedule), as contemplated by Proposals C9 and C10 of Interim Report C.
Further resources are available as part of the ALRC’s data analysis for the Review of the Legislative Framework for Corporations and Financial Services Regulation.
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This discussion of superannuation and the legislative framework for financial services is the 11th in a series of background papers released by the Australian Law Reform Commission (‘ALRC’) as part of its Review of the Legislative Framework for Corporations and Financial Services Regulation (‘the Inquiry’).
These background papers are intended to provide a high-level overview of topics of relevance to the Inquiry. Further background papers may be released throughout the duration of the Inquiry, addressing key principles and areas of research that underpin the development of recommendations.
The ALRC is required to publish one further Interim Report during the Inquiry, and this Report will include specific questions and proposals for public comment. A call for further submissions will be made on the release of this Interim Report. In the meantime, feedback on the background papers is welcome at any time by email to [email protected].
This discussion of post-legislative scrutiny is the eighth in a series of background papers to be released by the Australian Law Reform Commission (‘ALRC’) as part of its Review of the Legislative Framework for Corporations and Financial Services Regulation (‘the Inquiry’).
These background papers are intended to provide a high-level overview of topics of relevance to the Inquiry. Further background papers will be released throughout the duration of the Inquiry, addressing key principles and areas of research that underpin the development of recommendations.
The ALRC is required to publish one further Interim Report during the Inquiry, and this Report will include specific questions and proposals for public comment. A call for further submissions will be made on the release of this Interim Report. In the meantime, feedback on the background papers is welcome at any time by email to [email protected].
The Australian Law Reform Commission seeks stakeholder submissions on proposals to change the way Commonwealth anti-discrimination law applies to religious schools and other educational institutions.
The Consultation Paper sets out four general propositions supported by 14 technical proposals for reform. If adopted, these would:
- make discrimination against students on the grounds of sexual orientation, gender identity, marital or relationship status, or pregnancy in schools and other religious educational institutions unlawful, by removing exceptions currently available under federal law,
- protect teachers and other school staff from discrimination on the grounds of sex, sexual orientation, gender identity, marital or relationship status, or pregnancy, by removing similar exceptions, and
- allow religious schools to maintain their religious character by permitting them to:
- give preference to prospective staff on religious grounds where the teaching, observance, or practice of religion is a part of their role (and it is not discriminatory on other grounds); and
- require all staff to respect the educational institution’s religious ethos.
Submissions close 24 February 2023.
Download the Consultation Paper.
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On 4 November 2022, Commonwealth Attorney-General, the Hon Mark Dreyfus MP KC, asked the ALRC to recommend reforms to the law to implement the Government’s policy commitments in this area in a way that is consistent with Australia’s international legal obligations. |
Additional Resources:
This discussion of the submissions received in response to Interim Report B is the 10th in a series of background papers to be released by the Australian Law Reform Commission (‘ALRC’) as part of its Review of the Legislative Framework for Corporations and Financial Services Regulation (‘the Inquiry’).
These background papers are intended to provide a high-level overview of topics of relevance to the Inquiry. Further background papers will be released throughout the duration of the Inquiry, addressing key principles and areas of research that underpin the development of recommendations.
The ALRC is required to publish one further Interim Report during the Inquiry, and this Report will include specific questions and proposals for public comment. A call for further submissions will be made on the release of this Interim Report. In the meantime, feedback on the background papers is welcome at any time by email to [email protected].
This discussion of unconscionable and misleading or deceptive conduct is the ninth in a series of background papers to be released by the Australian Law Reform Commission (‘ALRC’) as part of its Review of the Legislative Framework for Corporations and Financial Services Regulation (‘the Inquiry’).
These background papers are intended to provide a high-level overview of topics of relevance to the Inquiry. Further background papers will be released throughout the duration of the Inquiry, addressing key principles and areas of research that underpin the development of recommendations.
The ALRC is required to publish one further Interim Report during the Inquiry, and this Report will include specific questions and proposals for public comment. A call for further submissions will be made on the release of this Interim Report. In the meantime, feedback on the background papers is welcome at any time by email to [email protected].
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Read the summary article: |
This discussion of the regulation of new business models, technologies, and practices is the seventh in a series of background papers to be released by the Australian Law Reform Commission (‘ALRC’) as part of its Review of the Legislative Framework for Corporations and Financial Services Regulation (‘the Inquiry’).
These background papers are intended to provide a high-level overview of topics of relevance to the Inquiry. Further background papers will be released throughout the duration of the Inquiry, addressing key principles and areas of research that underpin the development of recommendations.
The ALRC is required to publish one further Interim Report during the Inquiry, which will include specific questions and proposals for public comment. A call for further submissions will be made on the release of the third Interim Report. In the meantime, feedback on the background papers is welcome at any time by email to [email protected].