Legislation:

Religious dress discrimination in South Australian law

South Australian law does not cover religion in general but covers the wearing of religious dress, in work and education only.

Under Part 5B of the Equal Opportunity Act 1984 (SA) it is unlawful to treat a person unfavourably in their work or their education because they wear dress or adornments that are required by or symbolic of their religion. For example, a school could not send a Muslim student to detention because she refused to remove her hijab.

Exceptions

There are exceptions in the following circumstances:

In general, employers may set reasonable dress requirements for the workplace.

Religious discrimination in Commonwealth law

Commonwealth law covers this ground of discrimination only in the area of work.

In Commonwealth law, it is unlawful to treat a person unfavourably in their work because of their religion. This includes refusing to hire them, hiring them on less favourable terms, denying them access to any benefits that go with the job, dismissing them or subjecting them to other adverse treatment. A complaint can be made to the Fair Work Ombudsman or the Australian Human Rights Commission, with different consequences.

Complaints

Complaints can be made to the Australian Human Rights Commission or the Equal Opportunity Commission. There is no cost to lodge a complaint in either Commission. For forms and guides on making a complaint see the websites of the Equal Opportunity Commission and the Australian Human Rights Commission.

For complaints relating to discrimination in employment, claims can may made to the Fair Work Commission, see the Employment chapter on protected workplace rights: General Protections.

Time limits:

The Australian Human Rights Commissioner may decide not to take any action for complaints on acts committed more than 2 years (24 months) previously [Australian Human Rights Commission Act 1986 (Cth) s 46PH]. Until 12 December 2022, the time period was 6 months.

General protections claims relating to dismissal have a 21 day time limit (from the date of notice of dismissal) in the Fair Work Commission, unless exceptional circumstances justify an extension of time [Fair Work Act 2009 (Cth) s 394].