A religious education provider in Tasmania has told a parliamentary inquiry that it excludes employees based on their sexual orientation and relationship status — leaving an LGBTIQA+ group concerned state anti-discrimination laws have been breached.
Catholic Education Tasmania operates 38 schools around the state, with Archbishop Julian Porteous telling a current parliamentary inquiry that it educates "17,000 young Tasmanians each year and employs about 4,000 staff".
A parliamentary Inquiry into Discrimination and Bullying in Tasmanian Schools began last year, examining impacts of bullying on students' educational outcomes.
At a hearing on Friday, Catholic Education Tasmania was pressed on it's employment processes and a staff "culture of fear", which acting-Inquiry Chair and Labor MP Josh Willie said had "come up regularly through this inquiry process".
"Staff are fearful of speaking up, whether it's welfare of students or welfare of staff," Mr Willie said.
Catholic Education Tasmania said decisions around employment depended on whether staff were in 'regular' relationships or whether they were adhering to Catholic teachings.
"If a gay man or woman in a same sex marriage who had the equivalent qualifications to a heterosexual man or woman in a heterosexual relationship were to go for the position, would their sexual orientation or marital status have an impact on your decision as to whether they would be promoted?" Tasmanian Greens MP Vica Bayley asked during the hearing.
"It would preclude them from applying for the position," Catholic Education Executive Director Gerard Gaskin replied.
"And if it was publicly known that the life they were living was outside of Catholic moral precepts, we would not be able to employ them as a senior leader."
Asked whether this was a formal policy position, Dr Gaskin replied: "There is no formal policy, there doesn't need to be, it's written into the contract of employment."
'Religious freedoms' protected, education provider says
At the hearing, Archbishop Porteous said Catholic Education Tasmania was "very happy" to accept diverse staff and students, so long as they were not "publicly presenting an alternative view".
"Operating within the school, they would need to accept the fact that this is a Catholic school, and there are certain principles upon which the school operates," Archbishop Porteous said.
"Current law allows us to do what we're doing."
Under the federal Sex Discrimination Act, religious educational institutions have an exemption under which they can discriminate in employment on the grounds of sexual orientation, gender identity, or relationship status if it's to "avoid injury to the religious susceptibilities of adherents of that religion".
There is no exemption under Tasmanian state law, meaning educational institutions cannot discriminate based on sexual orientation, gender or relationship status.
Tasmania's Acting Anti-Discrimination Commisioner Pia Saterno said while Australia's constitution states federal law prevails over state law, Australian and Tasmanian anti-discrimination law are designed to co-exist.
Ms Saterno noted the federal law states it was not "intended to exclude or limit the operation of a state or territory".
Possible legal breach flagged
LGBTQIA+ rights advocate and Equality Tasmania spokesperson Rodney Croome said he was "very concerned" by Catholic Education Tasmania's practices, which "appear to be in breach of the Tasmanian Anti-Discrimination Act".
"The Act makes it very clear that faith-based schools cannot discriminate on the grounds of sexual orientation or gender identity," Mr Croome said.
"If you're accused of discrimination, you can't jurisdiction shop and go to the federal law if it happens to be weaker, which in many cases it is.
"I am also concerned about the negative impact of these policies on LGBTQIA+ people and school communities.
"Local and national research shows that not affirming a young person's gender identity can be disastrous for their mental health, while not promoting staff because they are gay means students and parents aren't necessarily getting the best teachers for the job."
Mr Croome said he was seeking advice from the Anti-Discrimination Commission and the regulator of non-government schools.
The ABC has sought a response from Catholic Education Tasmania regarding Mr Croome's comments.
Concerns of 'culture of fear' within Catholic Education institutions
In her submission to the inquiry, Tasmania's Anti-Discrimination Commissioner Sarah Bolt drew upon a case where an employee of a religious school in Tasmania applied for the Deputy Principal position — and was offered the role after being found to be the best applicant.
But the employee was not in a "regular" relationship according to Catholic principles — he was divorced but had a new partner, who he had a child with.
A senior church leader informed the school "that he was unable to support the offer of employment … because of the employees 'relationship arrangement'".
The offer was withdrawn, with the school stating "it would only employ staff in senior leadership positions if they had 'a regular relationship'".
Ms Bolt wrote that the complaint was withdrawn due to being resolved directly between the parties.
Catholic Education Tasmania was questioned on whether it was perpetuating a culture of fear.
"I'm certainly not aware of it," Archbishop Porteous responded, also saying he had not had any "direct representations" made to him on the matter.
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