Victorian Current Acts

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EQUAL OPPORTUNITY ACT 2010 - SECT 83A

Religious educational institutions: employment

    (1)         A person may discriminate against another person in relation to the employment of the other person in a particular position by a relevant educational entity in the course of establishing, directing, controlling or administering an educational institution if—

        (a)     conformity with the doctrines, beliefs or principles of the religion in accordance with which the educational institution is to be conducted is an inherent requirement of the position; and

        (b)     the other person cannot meet that inherent requirement because of their religious belief or activity; and

        (c)     the discrimination is reasonable and proportionate in the circumstances.

    (2)     The nature of the educational institution and the religious doctrines, beliefs or principles in accordance with which it is to be conducted must be taken into account in determining the inherent requirements of a position for the purposes of subsection (1)(a).

    (3)     This section does not permit discrimination on the basis of any attribute other than as specified in subsection (1).

S. 84 repealed by No. 56/2021 s. 9.

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