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Human Rights Legislation Amendment 2021

✦ Plain-English Summary

# Human Rights Legislation Amendment Bill 2021 ## What it does This bill amends six existing anti-discrimination laws to add language about human rights principles. It also creates a new legal protection for charities that promote traditional (heterosexual) marriage, and appears to give religious educational institutions the right to refuse services based on religious grounds (though the exact provision is cut off in the text). ## Why it matters The changes could make it harder to challenge charities or religious organisations on discrimination grounds, while simultaneously adding human rights language to discrimination laws—creating potential tension in how these laws are applied. Religious schools and charities may gain broader legal protection to operate according to their beliefs. ## Key details - **Commencement**: The bill takes effect immediately upon receiving Royal Assent (the Governor-General's approval) - **Charities protection**: Any charity promoting traditional marriage gets automatic legal presumption that it's acting for "public benefit" and won't be found to breach public policy—closing off one avenue for legal challenge - **Affected laws**: Changes apply to age, disability, racial and sex discrimination laws, plus the Marriage Act and Charities Act

Official Description

Introduced with the Religious Discrimination Bill 2021 and Religious Discrimination (Consequential Amendments) Bill 2021, the bill amends the: Age Discrimination Act 2004 , Disability Discrimination Act 1992 , Sex Discrimination Act 1984 and Racial Discrimination Act 1975 to amend or insert objects clauses to provide that, in giving effect to the objects of each Act, regard must be had to the indivisibility and universality of human rights and their equal status in international law, and the principle that every person is free and equal in their dignity and rights; Charities Act 2013 to provide that otherwise charitable entities that engage in lawful activities promoting a traditional view of marriage are undertaking those activities for the public benefit and not contrary to public policy; and Marriage Act 1961 to allow religious educational institutions to refuse to provide facilities, goods or services in relation to the solemnisation of a marriage in accordance with their religious beliefs.

Committee Referrals

Parliamentary Joint Committee on Human Rights; Senate Legal and Constitutional Affairs Legislation Committee

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Audit History

Introduced

25 Nov 2021

Last updated on APH

10 Apr 2026

Last checked by Crossbench

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