Ov & Ow v Members of the Board of the Wesley Mission Council

(2010) 270 ALR 542; [2010] NSWCA 155

NSW Court of Appeal

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Interrogate

Catchwords

1. Human Rights
2. › Discrimination
3. › Discrimination on ground of homosexuality
4. › Defences
5. › Religious bodies
6. › Whether refusal to accept foster care application from same-sex couple fell within religious body exception
7. › Whether 'religion' means the specific religion the body was established to propagate or Christianity generally
8. › Anti-Discrimination Act 1977 (NSW), s 56(d)
1. Human Rights
2. › Discrimination
3. › Discrimination on ground of homosexuality
4. › Defences
5. › Religious bodies
6. › Whether authorisation of foster carers constitutes 'appointment' within s 56(c)
7. › Anti-Discrimination Act 1977 (NSW), s 56(c)
1. Statutory Interpretation
2. › Construction of statutory provisions
3. › Whether words used in ordinary meaning
4. › Interdependence of meaning and construction
5. › Reading individual words in structure of provision
6. › Whether ordinary meaning of a word is a question of fact or law
1. Appeal
2. › Question of law
3. › Distinction between questions of law and questions of fact
4. › Construction of statute
5. › Administrative Decisions Tribunal Act 1997 (NSW), s 119

Quick Take

Section 56(d) of the Anti-Discrimination Act 1977 (NSW) requires identification of the specific religion a body was established to propagate, not a broad religious category such as 'Christianity'. The relevant doctrines are those adhered to by the body at the time of the impugned act or practice, even if they have evolved since the body was first established. The term 'appointment' in s 56(c) does not extend to statutory authorisation or accreditation of third parties to exercise independent functions such as foster care.