'Current law allows us to do what we're doing,' says Archbishop about promotions
Catholic Education Tasmania has revealed that job applicants' sexual orientation and relationship status are taken into account in employment decisions, according to reports.
ABC News reported remarks made by Gerard Gaskin, executive director of Catholic Education Tasmania, during a hearing on Friday for the parliamentary inquiry into discrimination and bullying in Tasmanian schools.
During Friday's hearing, Tasmanian Greens MP Vica Bayley asked if an applicant's sexual orientation or marital status impacted whether an individual would get a promotion.
"It would preclude them from applying for the position," Gaskin replied, as quoted by ABC News. "And if it was publicly known that the life they were living was outside of Catholic moral precepts, we would not be able to employ them as a senior leader."
According to the executive director, they have "no formal policy" over this rule: "There doesn't need to be. It's written into the contract of employment."
Equality Tasmania, a community group advocating for LGBTIQA+ in the state, pointed out that the practice at Catholic Education Tasmania may be a breach of the Tasmanian Anti-Discrimination Act.
The act prohibits discrimination on the ground of various attributes, including sexual orientation, gender, gender identity, marital status, relationship status, among others.
In exceptions relating to religious belief, affiliation, or activity, it states: "A person may discriminate against another person on the ground of religious belief or affiliation or religious activity in relation to employment if the participation of the person in the teaching, observance, or practice of a particular religion is a genuine occupational qualification or requirement in relation to the employment."
Rodney Croome, spokesperson for Equality Tasmania, said he was "very concerned" that Catholic Education Tasmania's practices may be a potential breach of the legislation.
"The act makes it very clear that faith-based schools cannot discriminate on the grounds of sexual orientation or gender identity," Croome said, as quoted by ABC News.
But Catholic Archbishop of Hobart Julian Porteous maintained in a hearing that the current law "allows" them to do what they do.
Australia's federal Sex Discrimination Act enables education institutions established for religious purposes to discriminate in employment based on sex, sexual orientation, gender identity, marital or relationship status, or pregnancy "in order to avoid injury to the religious susceptibilities of adherents of that religion or creed."
Porteous said they were happy to accept diverse staff and students as long as they are not presenting an alternative view.
"Operating within the school, they would need to accept the fact that this is a Catholic school, and there are certain principles upon which the school operates," the archbishop said, as quoted by ABC News. "Current law allows us to do what we're doing."
Despite the legislation having different rules, Tasmania's Acting Anti-Discrimination Commissioner Pia Saterno said both laws are designed to co-exist.
Saterno noted that the federal law states it was not "intended to exclude or limit the operation of a state or territory," ABC News reported.
There are approximately 1,800 Catholic schools and 1,110 independent schools in Australia. Catholic Education Tasmania operates 38 schools around the state.
Equality Australia noted that not all religious institutions discriminate against LGBTQ+ people, women, and people with different religious beliefs.
However, its review last year found that:
According to Equality Australia, they have documented reports of teachers who have been dismissed or refused employment for being gay.
There are also similar reported cases from individuals who became pregnant out of wedlock or with the assistance of IVF, as well as those who married a divorcee.
Various Australian states, such as Tasmania and Victoria, have restrictions against discrimination based on sex, sexual orientation, lawful sexual activity, marital status, parental status, or gender identity for religious educational institutions.
