President's message

Religious freedom reforms – how will the potential legal changes affect the community?

Recent discussion about religious freedom and discrimination has ignited public interest like few other issues. At the heart of the debate is a significant law reform process – the Federal Government’s proposed Religious Discrimination Bills – which could change the legal landscape for many solicitors and their clients.

The draft legislation has generated more than 25,000 submissions in three consultations and left many stakeholders at odds over some key aspects of the proposed reforms. The high-profile legal dispute between Israel Folau and Rugby Australia over Folau’s religiously-inspired views on social media, which was ultimately settled out of court, has further divided public opinion on the religious freedom laws. Some say the proposed amendments go too far in protecting religious expression and others believe they do not go far enough.

As the Government works to finalise its legislation, the Law Society’s first Thought Leadership panel for 2020, “Religion and Reform”, on Monday 6 April, will explore the potential legal impacts of the proposed religious freedom reforms and their effect on business, individuals and the wider community.

Helping us navigate this complex and sensitive issue will be our panellists:

  • Professor George Williams AO, Dean, Anthony Mason Professor Scientia Professor, UNSW Law (facilitator)
  • Commissioner Edward Santow, Australian Human Rights Commissioner
  • Anne Robinson AM, Founder and Partner of Prolegis Lawyers, a provider of legal services to the not-for-profit sector.

Last week, the Australian Human Rights Commission released Respect@Work, its much-awaited final report arising from an 18-month national inquiry into sexual harassment in Australian workplaces.

Respect@Work is the first report of its kind in the world, and through its 55 recommendations proposes a new approach for government, employers and the community to better prevent and respond to sexual harassment in the workplace. The Law Society contributed to an extensive Law Council submission to the national inquiry and participated in a legal issues roundtable on the topic in February 2019. Sex Discrimination Commissioner Kate Jenkins, who led the inquiry, also participated in a ground-breaking panel discussion on sexual harassment in the legal profession at the Law Society in August 2019, in association with the International Bar Association.

While the Law Society’s policy committees are still considering the full findings and recommendations in the 900-page report, we are encouraged to see key aspects of our submission reflected in its recommendations on the legal and regulatory framework. The Federal Government has also welcomed the release of the report and committed to carefully considering its recommendations. We look forward to working with the Government on this important issue.

Richard Harvey, President, Law Society of NSW

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