Sunday 22 February 2009

By Tom Carr

On Tuesday 10 February, 50 religious leaders responded to an invitation from the Archdiocese, the Australian Christian Lobby and the Church & Nation Committee of the Presbyterian Church of Victoria and attended a meeting to discuss the Review of the Exceptions and Exemptions under the Equal Opportunity Act by the Parliamentary Scrutiny of Acts and Regulations Committee (SARC).

The gathering was chaired by Bishop Christopher Prowse and heard from Francis Moore, the Archdiocesan Business Manager, Brendan Avallone, Senior Associate, Minter Ellison Lawyers and Rob Ward of the Australian Christian Lobby.

This session addressed the status quo, the process to be followed by SARC, the changes being proposed along with some likely implications and how to respond at several levels.

The speakers noted that currently in Victorian law, men and women of faith and religious bodies, such as schools, churches and their charitable organisations are free under the Act, among other matters, to engage paid and voluntary workers who conform to the religious beliefs and principles of the body. For example, Catholic schools are able to insist that the Church’s teachings on marriage and the family are upheld by its employees. Parents can feel confident that by choosing a Catholic education for their children that the teachings and values of the Church are reflected in both the content of the education and the conduct of its employees.

There are moves to remove or diminish this freedom, limited as it might be. The Victorian Government has referred the question of the “Exemptions and Exceptions” to SARC which must report back by the end of April 2009. It is likely that this committee will take submissions and hold public hearings from stakeholders. While the subject of the inquiry is extensive, SARC has been afforded very limited time to undertake its inquiry and make its recommendations. Interested parties will have only limited opportunity to prepare submissions if indeed SARC takes submissions.

Speakers stressed that the critical issue is that in the absence of any specific statutory guarantee the exceptions which relate to the practice of religion constitute a limited guarantee of religious freedom which needs to be robustly defended. This cannot be taken for granted. In the last 12 months alone legislation has been enacted which challenges religious freedom. The Abortion Law Reform Act, as a case in point, has limited the right to freedom of conscience of heath professionals.

There is an emerging body of opinion which sees religious freedom as only meaning the right to worship freely. However, to quote Canadian Oblate Fr Ronald Rolheiser, “Faith is not simply the good, secure feeling that God exists. Faith is a commitment to a way of living beyond good and secure feelings. Ultimately faith is not in the head or the heart but in the action of a sustained commitment. Faith is fidelity, nothing more but nothing less. And, perhaps more than anything else, that gift is what is needed today in our families, in our churches, and in our world in general. The greatest gift we can give to those around us is the promise of fidelity.”

Tom Carr is Manager, Human Resources for the Catholic Archdiocese of Melbourne.