Prohibition of discrimination etc. Part II
Exemptions Division 4
Section 38
38 Educational institutions established for religious purposes
(1) Nothing in paragraph 14(1)(a) or (b) or 14(2)(c) renders it unlawful
for a person to discriminate against another person on the ground
of the other person’s sex, sexual orientation, gender identity,
marital or relationship status or pregnancy in connection with
employment as a member of the staff of an educational institution
that is conducted in accordance with the doctrines, tenets, beliefs or
teachings of a particular religion or creed, if the first-mentioned
person so discriminates in good faith in order to avoid injury to the
religious susceptibilities of adherents of that religion or creed.
(2) Nothing in paragraph 16(b) renders it unlawful for a person to
discriminate against another person on the ground of the other
person’s sex, sexual orientation, gender identity, marital or
relationship status or pregnancy in connection with a position as a
contract worker that involves the doing of work in an educational
institution that is conducted in accordance with the doctrines,
tenets, beliefs or teachings of a particular religion or creed, if the
first-mentioned person so discriminates in good faith in order to
avoid injury to the religious susceptibilities of adherents of that
religion or creed.
(3) Nothing in section 21 renders it unlawful for a person to
discriminate against another person on the ground of the other
person’s sexual orientation, gender identity, marital or relationship
status or pregnancy in connection with the provision of education
or training by an educational institution that is conducted in
accordance with the doctrines, tenets, beliefs or teachings of a
particular religion or creed, if the first-mentioned person so
discriminates in good faith in order to avoid injury to the religious
susceptibilities of adherents of that religion or creed.
39 Voluntary bodies
Nothing in Division 1 or 2 renders it unlawful for a voluntary body
to discriminate against a person, on the ground of the person’s sex,
sexual orientation, gender identity, intersex status, marital or
Sex Discrimination Act 1984
Compilation No. 42
Compilation date: 11/09/2021
Authorised Version C2021C00420 registered 08/10/2021
53
Registered: 08/10/2021