Religious schools could not expel students for who they are
Federal law lets faith schools expel students or sack teachers for being gay, trans, divorced or pregnant. They must act honestly. Allegra Spender, a Member of Parliament (MP), has a bill that would remove that let-off for students and shrink it for staff.
Official name: Sex Discrimination and Fair Work Amendment (Equality in Treatment in Religious Schools) Bill 2026
- Religious schools could no longer treat students worse because of their sexuality, gender identity, relationship status or pregnancy.
- Schools could still prefer staff of their own religion when first hiring them. They could also do so when promoting staff to roles such as principal or chaplain, a faith worker who cares for students.
- They could not treat staff worse over sex, sexuality, gender identity, relationship status or pregnancy.
- Children of same-sex couples, and others linked to a person, would be protected too.
- It was brought in on 12 October 2026 and is waiting for debate in the House of Representatives.
Who it affects
- Students at religious schools: They could not be expelled, turned away or removed from student leader roles like prefect because of their sexuality, gender identity or similar reasons.
- Teachers and other staff at religious schools: Once hired, they could not be sacked or demoted over their religion, sexuality, divorce or pregnancy.
- Children of same-sex couples: A school could not treat them worse because of who their parents are.
- Religious schools: They could still choose staff of their own faith when first hiring, and for principal, chaplain and religion teacher roles.
- Students in boarding houses: The same protections would apply in school boarding houses.
Religious schools can expel students
The Sex Discrimination Act 1984 is a federal law. It bans unfair treatment because of things like a person's sex or pregnancy. Section 38 of it gives faith schools a let-off from that rule.
Under that let-off, a faith school can treat a student or staff member worse for some reasons. These are their sex, sexuality, gender identity, relationship status or pregnancy. The school must act honestly, to avoid offending people of its faith. The Fair Work Act 2009, the main law on jobs and pay, has similar let-offs.
The bill's notes say some teachers have been sacked or demoted. It happened when people found out about their sexuality, divorce or pregnancy through fertility treatment. Some students have been sent home, turned away or removed as prefect.
Equality Australia is a group that works for the rights of gay and trans people. It thinks more than 70,000 students and 10,000 staff in schools not run by the government are gay, lesbian, bisexual, trans or queer. In 2025, 37.2 per cent of school students in Australia went to schools not run by the government.
Who brought it and why
This is a private bill. That means the government did not bring it. Allegra Spender MP, the MP for Wentworth in Sydney, brought it in on 12 October 2026.
The bill's notes say both sides of politics have promised to act. In 2018 the government of Prime Minister Scott Morrison promised to stop students being expelled over their sexuality. In February 2022 the Labor party was not in government. It promised to protect students and staff.
In November 2022 the Labor government of Prime Minister Anthony Albanese asked the Australian Law Reform Commission how to do it. That body gives advice on changing laws. It reported in March 2024. It said section 38 should go. The notes say draft laws were seen in 2024 but never brought to Parliament.
Four states and territories have cut or shrunk such let-offs for staff in their own laws. They are Tasmania, the Australian Capital Territory, Victoria and the Northern Territory. The notes say just two states still let faith schools treat students worse over sexuality or gender. They are New South Wales and Western Australia.
Full protection for students
The bill would remove the let-off for students in section 38 and not bring it back.
There is also a second, general let-off for faith groups. The bill would switch it off for schools. That stops schools using it as a back door.
Say a Year 10 student comes out as gay. The school wants to remove him as a prefect. Under this bill, that would be against the law.
Narrow rule for hiring staff
The broad let-off for staff would be swapped for a much smaller one. A faith school could prefer a person of its own faith. It could turn away a person who does not share it. But only in two cases.
The first is when first hiring a new staff member. The second is when giving a staff member a top faith role. That means principal, deputy principal, chaplain or religion teacher. It also means a role with the same kind of duties.
The school would have to act honestly. The job would also have to involve teaching or living out the faith.
This narrow rule would only cover faith. It would not let schools treat staff worse for their sex, sexuality or gender. Nor could they do so for being intersex (born with a body that is not simply male or female), for who they live with, for pregnancy, breastfeeding or caring for family.
It would not cover current staff in their day-to-day jobs, contract workers, volunteers, trainee teachers or students. Say a maths teacher at a Catholic school gets divorced and marries again. Under this bill, the school could not sack her for it.
Family and friends protected
The bill would add a new rule across the whole Sex Discrimination Act. It would be unlawful to treat someone worse because of a protected trait of a person linked to them.
A linked person includes a husband or wife, partner, relative or carer. It includes someone they do business, sport or hobbies with. It also includes someone others think they are connected to.
In schools, this would protect a child from being treated worse because their parents are a same-sex couple.
School boarding houses
The law has a general let-off for faith groups that provide housing. It lets them treat people unfairly. It already does not apply to aged care paid for by the government.
The bill would also stop it applying to housing linked to a faith school. That means a boarding house or staff housing. Boarding for students of one sex only would still be allowed.
Matching work law changes
The Fair Work Act has its own let-offs for faith groups. They cover four things. Awards set the lowest pay and conditions for an industry. Workplace agreements are deals made at one workplace. Harming a worker, such as demoting them, is the third. Sacking is the fourth.
The bill would limit each of these. They could not be used to do something the new section 38 does not allow.
Some awards and deals make workers at faith schools follow a code about their beliefs or private life. Under the bill, such a rule would not count if it breaks the Sex Discrimination Act. This would apply to old awards and deals as well as new ones.
The rules on harming and sacking workers would only apply to things done after the law starts.
What stays the same
Faith groups could still choose who to make priests or ministers. They could choose how to train them, and who leads services.
The notes say the bill does not change the rules for single-sex schools or boarding. It does not change a Fair Work Act rule about what a job truly needs. That rule lets an employer act on the real needs of a job.
A note about Defence Force chaplains would be removed because it would be out of date. Their right to refuse to marry a couple in some cases would not change.
Start date
The law would start the day after the Governor-General, the King's representative, signs it.
Ms Spender brought the bill to the House of Representatives on 12 October 2026. That is the house of Parliament where the government is formed. The same day she opened the debate on its main idea. The House would now need to debate it and vote. Then the Senate, Parliament's second house, would need to pass it.
Private bills need the government to make time for them, and many never get a vote.
Its journey through Parliament
| 12 Oct 2026 | House of Representatives: Introduced and read a first time |
| 12 Oct 2026 | House of Representatives: Second reading moved |