LEGAL FRAMEWORK

The constitution bars the federal government from making any law imposing a state religion or religious observance, prohibiting the free exercise of religion, or establishing a religious test for a federal public office. The constitution’s protection of the “free exercise of any religion” may be limited only when deemed necessary to protect public safety, order, health, morals, or the fundamental rights and freedoms of others. Individuals who suffer religious discrimination have recourse under federal or state and territory discrimination laws and bodies such as the Australian Human Rights Commission.

Amended Victoria state government legislation that took effect in June prohibits a religious body or school from discriminating against individuals in employment decisions and decisions about students – for example, enrollment or expulsion – based on sex, sexual orientation, lawful sexual activity, gender identity, marital status, or parental status, unless another nonreligious exception applies.

Tasmania is the only state or territory whose constitution specifically provides citizens with the right to profess and practice their religion. In Queensland, Victoria, and the Australian Capital Territory, freedom of religion is protected in statutory human rights charters. The antidiscrimination laws of all states and territories, with the exceptions of South Australia, contain a prohibition against discrimination on the grounds of religious belief. In NSW, it unlawful to incite hatred, public contempt, or ridicule of a person or group because of their religious belief, affiliation, or activity. South Australia protects individuals from discrimination in employment and education because of religious dress. Complainants may seek redress through state and territory human rights bodies.

In December, Parliament passed federal laws banning the Nazi salute and the display or sale of symbols associated with terror groups. The laws, set to take effect in January 2024, allow exceptions for academic, artistic, and educational use.

Queensland bans the use of symbols that are widely known by the public or members of a relevant group “as being solely or substantially representative of an ideology of extreme prejudice against” a group based on religious identity and other factors. The law does not list specific motifs to be banned, but explanatory notes accompanying the legislation amending the law suggested hate symbols related to Nazi ideology would be included. The attorney general, in consultation with the chair of the Crime and Corruption Commission, the human rights commissioner, and the police commissioner, recommends which symbols are to be banned.

Victoria bans public displays of the Nazi swastika, with violations punishable by up to a year in prison or a fine of 22,000 Australian dollars ($15,000). A government-issued fact sheet states the legislation does not, however, ban the use of the swastika for “genuine academic, religious, artistic, or educational purposes.” The state of Victoria also bans Nazi gestures and other symbols; violators face fines of 23,000 Australian dollars ($15,600) or 12 months in prison.

Tasmania prohibits the public display of Nazi gestures or symbols. The law acknowledges the religious significance of the swastika in the Buddhist, Hindu, and Jain communities and makes exception for use in those contexts, as well as “for genuine academic, artistic, religious, scientific, cultural, educational, legal or law enforcement purpose.” Penalties are a fine of 3,900 Australian dollars ($2,700) for first offenses, and a fine of up to 7,800 Australian dollars ($5,300) and a maximum of six months in prison for repeat offenses.

Religious groups are not required to register with authorities. To receive tax-exempt status for income or other benefits and an exemption from the goods and services tax (sales tax), however, nonprofit religious groups must apply to the Australian Taxation Office. To receive tax-exempt status, an organization must be a nonprofit entity. An organization’s activities, size, and permanence are some of the factors considered when determining its tax-exempt status.

State and territory governments share responsibility for education policy with the federal government, and they generally permit religious education in public schools that covers world faiths and beliefs. Instruction in the beliefs and practices of a specific religion may also be permitted, depending on the state or territory. In some jurisdictions, such instruction may only occur outside regular class time, while in others, alternative arrangements are made for the children of parents who object to religious instruction. Approximately 35 percent of students attend private schools, approximately 94 percent of which are affiliated with a religious group. The NSW government requires schools to provide “meaningful alternatives” for students whose parents withdraw them from Special Religious Education, which could include courses in ethics.

Northern Territory antidiscrimination legislation has workplace protections that include sexual characteristics and does not include exceptions for faith-based schools.

In Victoria, laws require religious leaders and workers to report suspected child abuse, including where discovered through a religious confession. The law carries a sentence of up to three years in prison if a mandatory reporter (which includes persons in religious ministries) fails to report abuse to authorities. In Queensland, laws require adults to report knowledge of child sexual abuse, including where information is gained during a religious confession. South Australia has similar mandatory reporting laws to Victoria, although sentences are limited to fines of up to 10,000 Australian dollars ($6,800). In Tasmania, failure to report belief, suspicion, or knowledge on reasonable grounds formed in carrying out official duties in the course of one’s work carries a fine of up to 3,900 Australian dollars ($2,700), including for members of the clergy of any church or religious denomination. In the Northern Territory, the penalty for staff of NGOs who do not report a belief on reasonable grounds that a child has or is likely to suffer from child abuse is 35,200 Australian dollars ($24,000).

In November, NSW’s Voluntary Assisted Dying Act went into effect, allowing qualified patients to receive access to assisted dying in the state at any medical facility. The act provides for registered health practitioners to refuse to participate based on conscientious objections, which includes religious beliefs.

The country is a party to the International Covenant on Civil and Political Rights.

GOVERNMENT PRACTICES

Media outlets reported that on October 9 in NSW, approximately 1,000 pro-Palestinian protesters marched in an unauthorized rally from the town hall to the Sydney Opera House to protest the decision to light the opera house in the colors of the Israeli flag. The government intended the lighting ceremony as a show of solidarity after the October 7 Hamas attacks against Israel. Demonstrators chanted antisemitic as well as anti-Israel slogans, burned an Israeli flag, and prevented Jewish community members from holding their own vigil at the opera house. Critics said police failed to stop the unauthorized rally; NSW Police Minister Yasmin Catley told the NSW Parliament that police had moved to “manage the risk of violence.” NSW Premier Christopher Minns criticized the pro-Palestinian protesters for failing to remain peaceful, and acknowledged that by allowing the rally, the government had failed in its intention to create a safe public space for the Jewish community to hold a vigil.

In an interview on October 9, Prime Minister Albanese criticized a crowd that gathered in Lambek station in western Syndey for appearing to celebrate the Hamas attack and expressed concern about antisemitic conspiracy theories spreading online in connection with the debate surrounding the October 14 Voice referendum, a proposal to change the constitution to establish a formal body enabling Indigenous persons to provide advice on laws. He said, “Antisemitism, unfortunately, is present and it’s just wrong. I know that racism is always wrong no matter who’s targeted, whether it is antisemitism or Islamophobia.”

Media outlets reported that in March, a South Australia parliamentary committee considered legislation banning the public display of Nazi symbols. The legislation would set a maximum fine of 20,000 Australian dollars ($13,600) or 12 months’ imprisonment. The bill included exceptions for displays that served a “legitimate public purpose,” such as those employed for academic, artistic, religious, or educational purposes. Testifying before the committee, senior South Australia police officers said the bill was too narrow in scope. Stuart McLean, South Australia Police assistant commissioner, said, “Simply identifying one symbol will create the opportunity for people who espouse that particular ideology to adopt other symbols.” McLean said the bill should also consider the production, possession, and distribution of such material, including in the cyber environment. McLean said police already “commonly” see neo-Nazi groups adopting other symbols. The Jewish Community Council of South Australia also called for the legislation to include not only the display but also the production of known and nontraditional Nazi, neo-Nazi, and other hate symbols “as they become apparent.” The bill remained under consideration at year’s end.

Australian Broadcasting Corporation (ABC) News reported that in October, when announcing state authorities’ ban of hate symbols, Queensland Premier Annastacia Palaszczuk made specific mention of Nazism, calling the ideology “evil.” Commenting on the fact that the amendments gave the attorney general power to ban such symbols, critics said this type of extraordinary power should rest with the state’s parliament rather than with a member of the government. The government argued the attorney general would be able to quickly respond to new symbols that emerged.

In October, the Prime Minister announced a 50 million Australian dollar ($33.9 million) grant program to improve security at religious schools, preschools, places of worship, and faith-based community centers. The government said the funding aimed to help people of all faiths practice their religion safely.

In January, the NSW Jewish Board of Deputies called for more Holocaust education in schools after then-NSW Premier Dominic Perrottet was discovered to have worn a Nazi costume to his 21st birthday party in 2003. Former NSW Jewish Board of Deputies chief executive Vic Alhadeff acknowledged Perrottet’s apology for the incident as “sincere” and said, “Everyone has done something in their youth that they regret.”

On September 14, a federal court ruled that Richard Minack, the principal of Brighton Secondary College in Melbourne, failed to identify, prevent, and address antisemitic bullying against five Jewish students between 2015 and 2020, in breach of antidiscrimination laws. The students said fellow students repeatedly subjected them to antisemitic taunts and that Nazi symbols appeared as graffiti around the school. During the trial, several witnesses said Minack made references at an assembly to his father fighting for Germany during World War II, being a Nazi, and being a “good man,” after which plaintiffs said antisemitic incidents on campus increased. The court also found the state of Victoria liable for condoning what it ruled was the school’s negligence and ordered the state to pay more than 430,000 Australian dollars ($292,000) in damages to the plaintiffs. Following the verdict, Victoria education minister Natalie Hutchins released a statement of apology from the government, describing antisemitism and racism as “entirely abhorrent.” In October, Minack resigned as principal.

In March, the Queensland Human Rights Commission rejected a request from X Corp (owner of the social networking site X, formerly known as Twitter) and its Australian subsidiary to dismiss for lack of jurisdiction a complaint filed by the Australian Muslim Advocacy Network in 2022. The complaint alleged X failed to delete a far-right account from its platform or remove more than 400 examples of content connected to the account that showed “a pattern of hatred” towards Muslims. The case was pending before the Queensland Civil and Administrative Tribunal at year’s end.

ABC News reported that on January 31, Federal Education Minister Jason Clare said his department directed the NSW Education Standards Authority to investigate the Tangara School for Girls and the all-boys Redfield College, both Catholic schools affiliated with Opus Dei, after ABC’s Four Corners, an investigative television program, aired a story alleging faculty persistently tried to recruit students into the conservative Catholic organization Opus Dei and promoted anti-lesbian, gay, bisexual, transgender, queer, and intersex discrimination. On February 10, the Spectator Australia published an op-ed in which the author, commenting on the Four Corners report, wrote, “It is obvious that some Australians, powerful in media, business, and politics, have a special dislike against Christianity.”

In January, the Australian Law Reform Commission released a proposal to amend the country’s antidiscrimination law to prohibit religious schools from discriminating against students and teachers on the grounds of sexual orientation, gender identity, marital and relationship status, or pregnancy. The proposal would, however, permit a school to continue to teach its religious beliefs or doctrine on matters of sexuality and relationships. The proposal would also permit religious schools to maintain their character by allowing them to give preference to prospective staff on religious grounds where the teaching, observance, or practice of a religion was part of their role. The proposed amendment would require staff to “respect the educational institution’s religious ethos.” Critics of the proposal stated it would require schools to hire individuals who did not accord with Judeo-Christian teaching on marriage, family, and sex. The Guardian reported that on February 13, an alliance of religious leaders that included the Sydney Anglican and Catholic Churches, Greek Orthodox Church, National Imams Council, and ECAJ, wrote a letter to the attorney general stating the proposal would put unreasonable restrictions on their hiring practices.

Special Religious Education, an optional class on a particular religion, remained available in NSW public schools. Government-approved Special Religious Education providers included representatives of Christian denominations, Islam, Judaism, Buddhism, and other religious groups. During the year, the NSW government assisted public schools in implementing religion and ethics classes.

The federal government continued to provide funding to state and territory governments to support the employment of chaplains in public schools, pursuant to the National Student Wellbeing Program. Chaplains may represent any faith; the government bans them from proselytizing. In January, federal regulations went into effect allowing public, Catholic, and independent schools to hire a secular “student wellbeing officer” in lieu of a school chaplain.

In August, in advance of NSW’s Voluntary Assisted Dying law taking effect, the general manager of Anglicare, a Christian provider of aged care facilities, suggested the organization might need to consider whether to cease providing services rather than facilitate assisted dying on its premises. Catholic Health Australia said it would not facilitate the service but would “respond in a respectful and compassionate manner” to help residents who wanted to learn more about voluntary assisted dying.

The Australian Multicultural Council continued to provide guidance to the government on multicultural affairs policy and programs. The government’s national multicultural policy statement, Multicultural Australia – United, Strong, Successful, continued to be based on a government-wide approach to its stated goal of maintaining social cohesion, and included religious freedom as a component.

The Federal Parliament continued to begin each day’s session with recitation of a short prayer, followed by the Lord’s Prayer. Participation remained optional.

During debate on Victoria’s law banning the Nazi salute in October, Police and Crime Prevention Minister Anthony Carbines said the intent of the law was to “send a clear message denouncing Nazi ideology and the use of its gestures and symbols to intimidate and incite hate.” Media outlets reported that Parliament passed the law following a series of high-profile antisemitic incidents, including a demonstration in March by approximately 30 neo-Nazis who repeatedly performed the salute outside the parliament building during an antitransgender protest.

The country is a member of the International Holocaust Remembrance Alliance.