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s 83

Religious educational institutions

In force
Part 5General exceptions to and exemptions from the prohibition of discrimination

83 Religious educational institutions

(1)

This section applies to a person or body, including a religious body, that establishes, directs, controls, administers or is an educational institution that is, or is to be, conducted in accordance with religious doctrines, beliefs or principles.

S. 83(2) amended by Nos 26/2011 s. 19(1), 56/2021 s. 7(2)(3).

(2)

Nothing in Part 4 applies to anything done (except in relation to employment) on the basis of a person's religious belief or activity by a person or body to which this section applies in the course of establishing, directing, controlling or administering the educational institution that is reasonable and proportionate in the circumstances, and—

S. 83(2)(a) amended by No. 56/2021 s. 7(4).

(a)

conforms with the doctrines, beliefs or principles of the religion in accordance with which the educational institution is to be conducted; or

S. 83(2)(b) amended by No. 56/2021 s. 7(4).

(b)

is reasonably necessary to avoid injury to the religious sensitivities of adherents of the religion in accordance with which the educational institution is to be conducted.

S. 83(3) repealed by No. 26/2011 s. 19(2), new s. 83(3) inserted by No. 20/2022 s. 7.

(3)

This section does not permit discrimination on the basis of any attribute other than as specified in subsection (2).

S. 83(4) repealed by No. 26/2011 s. 19(2).

* * * * *

S. 83A inserted by No. 56/2021 s. 8.

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