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Independent MP Allegra Spender introduced the Sex Discrimination and Fair Work Amendment (Equality in Treatment in Religious Schools) Bill 2026 to the House of Representatives on October 12, seeking to remove legal exemptions that allow religious schools to discriminate against students and staff on the grounds of sexual orientation, gender identity, marital status and pregnancy. The move is seen as a direct test of the Labor government's 2022 reform pledge. According to the bill's record on the Australian Parliament's official website, it is a private member's bill that was read a first time on the day, with the second reading moved.
Under section 38 of the current Sex Discrimination Act 1984, religious educational institutions enjoy exemptions in enrolment, discipline and staff employment, allowing them to discriminate on those grounds. According to Australian media reports, Spender's bill would remove the exemption for students entirely and significantly narrow it for staff: schools could still give preference to people of the same faith in initial recruitment and in specified religious roles such as principal or chaplain, but could no longer expel students or sack teachers for being gay, transgender, divorced or pregnant. Telling parliament that most Australians would be surprised to learn religious schools can still do this under federal law, Spender said the bill "strikes a balance between faith and fairness".
Equality Australia welcomed the bill. Chief executive Anna Brown said a gay student should not have to hide who they are to have a shot at leadership or live in fear of being expelled, urging the federal government to "seize this opportunity and finally deliver these long-overdue reforms". The bill has Greens support, the Australian Associated Press (AAP) reported. The Independent Education Union's NSW/ACT branch also issued a statement calling on the government to honour its 2022 commitment. Spender criticised Labor for having a reform commitment but failing to act: "If they aren't going to act now, when will they?" On the other side, the Christian schools group My Christian School noted the bill is a private member's bill with no indicated government support, arguing it could significantly limit schools' ability to maintain their faith-based character after recruitment.
For background: Labor promised at the 2022 federal election to reform federal anti-discrimination law and repeal subsection 38(3) of the Sex Discrimination Act. After winning office, the attorney-general referred the matter to the Australian Law Reform Commission, which tabled a report in parliament in March 2024 recommending the repeal of laws allowing religious schools to discriminate against staff and students. The government shelved the reforms in 2024, and Prime Minister Anthony Albanese said in May 2025 that, lacking opposition support amid heightened community tensions, he would not revive religious discrimination legislation.
Analysis
The bill points in at least two directions. First, it puts Labor's 2022 election promise back on the agenda and forces the government to take a position. Second, it tests whether a legislative path around the government exists: according to Equality Australia, with Greens support there is a pathway through parliament. But as a private member's bill without government backing, its prospects of becoming law remain uncertain. For Australia's LGBTQ students and staff, the bill's introduction is itself a significant step after years of stalemate; whether the exemptions are actually removed will depend on whether the government is willing to honour a four-year-old promise.
Oceania Editorial Office: Oliver Taylor
Sources: Parliament of Australia, Australian Associated Press, Equality Australia and public reporting