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Full-Text Articles in Law
The Membership Decisions Of Religious Organisations: Equality, Religious Liberty And Freedom Of Association, G Walsh
Law Papers and Journal Articles
The merit of a provision that regulates the membership decisions of religious organisations is typically assessed according to the right to equality and religious liberty. Although such rights are of central importance in assessing such a provision, it is necessary to also consider other relevant considerations in order to reach an informed conclusion on the appropriateness of the provision. Freedom of association is a right that is often neglected in this context. This article argues that any assessment of the merits of a provision that impacts on the membership decisions of religious organisations should have a strong focus on freedom …
The Right To Equality And The Employment Decisions Of Religious Schools, Greg Walsh
The Right To Equality And The Employment Decisions Of Religious Schools, Greg Walsh
Law Papers and Journal Articles
Under the Anti-Discrimination Act 1977 (NSW) religious schools are provided with an exception from the operation of the Act in relation to their employment decisions. This article evaluates the merits of the legal protections provided to religious schools by specifically focusing on the extent to which the provisions are consistent with the right to equality. Although there are a range of other considerations relevant in determining the merits of the provisions a specific focus on the right to equality is appropriate considering the significance of the right in anti-discrimination legislation. The article explores the extent to which the provisions may …