Independent MP Introduces Bill to Reform Religious Schools

The proposed legislation aims to remove federal exemptions that permit discrimination in Australian religious educational institutions.

Updated on Oct. 26, 2026 in Secondary Education

Bold flat-color editorial illustration showing a simplified school building silhouette, evoking institutional policy and legal reform. — Independent MP Allegra Spender introduced legislation to repeal federal exemptions that allow Australian religious schools to discriminate against students and staff. AI Illustration. Upload story photo >

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Should religious educational institutions be legally permitted to discriminate based on sexual orientation or gender identity?

Independent MP Allegra Spender has introduced the Sex Discrimination and Fair Work Amendment (Equality in Treatment in Religious Schools) Bill 2026. The legislation seeks to repeal existing federal exemptions that currently allow religious schools to discriminate against students and staff.

Why it matters

The bill attempts to align federal law with state and territory standards, as proponents argue that current laws wrongly imply discrimination against LGBTIQ people is permissible.

Legislators have reviewed over 70,000 submissions across 10 parliamentary inquiries and 260 hearings since 2016 regarding religious discrimination exemptions. The bill specifically proposes the insertion of section 7AAA into the Sex Discrimination Act 1984.

The players

Allegra Spender

Allegra Spender is an independent Member of Parliament who serves as the proponent of the Sex Discrimination and Fair Work Amendment Bill 2026.

Anthony Albanese

Anthony Albanese is the leader of the Labor Party and the current Prime Minister of Australia who previously committed to removing these legislative exemptions.

The details

The bill repeals section 38 of the Sex Discrimination Act 1984, which currently permits religious institutions to discriminate based on sex, sexual orientation, gender identity, marital status, or pregnancy. Under the new proposal, religious schools would only be permitted to preference staff based on faith during initial hiring or for specific senior leadership roles.

2013: Exemptions for sexual orientation and gender identity added to the Act.
October 2018: Ruddock review into religious freedoms recommended tightening exemptions.
May 2022: Labor Party committed to removing exemptions during the federal election.
March 2024: Previous Labor draft laws to remove exemptions were dropped.
12 October 2026: Allegra Spender introduced the reform bill to Parliament.

Culture Shift

This legislation reflects a long-standing national effort to reconcile historical religious freedoms with modern expectations for equality in public and private institutions. The proposal signifies a move away from broad institutional exemptions toward a more unified federal standard for all citizens.

The proposed bill would directly influence hiring and admissions policies for religious educational institutions across the country. Residents and families associated with these schools may see changes in how staff are recruited and how student protections are enforced if the bill passes.

The takeaway

This legislation highlights the ongoing tension between religious autonomy and anti-discrimination protections in the Australian education system. The proposal remains a critical test of how parliament balances institutional faith requirements with the rights of students and staff.