Submission: Petition No. 064 — Protect religious freedom and faith-based schools

RE: Petition No. 064 — Protect religious freedom and faith-based schools

Dear Chair,

I refer to the letter dated 11 June 2026 regarding your invitation to make a submission regarding the above tabled petition.

Parents across Western Australia are sending their children to faith-based schools in ever-growing numbers. There are around 170,000 students in Catholic and Independent schools in Western Australia, the vast majority of which are faith-based schools. This includes Catholic, Anglican and independent Christian schools, but also Islamic and Jewish schools, and therefore the sector represents a significant portion of Western Australian society.

The core appeal of these schools comes not from their academic performance, good as it often is, but from the character formation that they give their students through the faith-based ethos they adhere to. Employing staff who adhere to the school’s ethos enables the school to not only teach their students that ethos, but also have it reinforced in how they see the staff live out their lives from day to day.

This does not only apply to a small subset of staff, such as those engaged in specifically religious education. Every member of staff in these schools is part of the school community, with shared beliefs and values that they live out collectively. The outworking of the faith of the gardener is just as important to these communities as the faith of the principal.

It is deeply concerning that there have been recommendations from the Western Australian Law Reform Commission that the Equal Opportunity Act should be amended in such a way as to inhibit these schools from exclusively employing staff who adhere to the school’s ethos. The recommendations would also restrict the application of faith-based criteria to the point of initial student enrolment, limiting schools’ ability to maintain their faith-based community thereafter.

There have also been indications that the Government is in the process of drafting amendment to the Act, which, if based on the WALRC recommendations, may include amendments to the provisions for schools and other faith-based organisations to employ exclusively on this basis. Such amendments would likely constitute an unacceptable impingement on religious freedom and severely impact the ability of faith-based schools to be run in the way that parents choosing those schools desire.

Article 18(4) of the International Covenant on Civil and Political Rights, to which Australia is a signatory, expressly protects the liberty of parents to ensure the religious and moral education of their children in conformity with their own convictions.

In my own discussions with school leaders, I have found that there is widespread concern that amending the Act would make it impossible for their schools to continue functioning. I have also heard concerns from other faith-based organisations beyond the school system, who are equally concerned that they will also be prevented from exclusively employing people who adhere to their organisation’s ethos.

One of the many groups that have expressed their concern to me is Christian Schools Australia, who observed:

“Faith-based schools, including Christian-founded schools, make a significant contribution to Australian society because they are free to be authentically faith-based, passing on the parent’s wishes to teach a faith and love-motivated vision of life.

“The ability to employ staff who support and uphold a school’s religious mission is not a peripheral issue — it is fundamental to preserving the distinctive and spiritually-infused character that parents actively choose for their children.

“Recent statistics show that thousands of new migrant parents arriving in Western Australia are actively choosing this spiritual infusion, with eyes wide open to what their children will be taught. Removing these religious protections would diminish genuine educational diversity and undermine the rights of families to access schooling consistent with their deeply held beliefs and values.”

There is, in fact, a serious risk that, in the name of anti-discrimination, changes to the Act would end up discriminating against religious organisations. Parents and organisations should not be asked to act in a way that would be contrary to their beliefs, values and consciences. It is therefore absolutely essential to the fabric of our society that faith-based organisations, including schools, continue to enjoy the freedoms that have been a fundamental part of Western Australia law and society since its foundation.

Freedom of religion, freedom of association and freedom of conscience must all remain protected attributes of our state’s laws. Therefore, I urge the Committee to recommend that the Government:

• undertake serious and broad consultation with faith-based schools and other faith-based organisations before introducing any amendment bill;
• retain the substance of the current exemptions for faith-based schools and organisations; and
• commit to protecting these freedoms.