Lee Rhiannon, Clover Moore and Frank Barnes at the launch of the amendment bill.

Move to close private school discrimination loophole

By Kerri Carr

The NSW Greens have launched a campaign and Private Members Bill to close a loophole so private schools and small businesses can no longer discriminate against people on the basis of homosexuality, transgender status, age, gender, race or disability.

Currently, the Anti-Discrimination Act gives private schools and businesses that employ fewer than six people, the right to discriminate on the basis of sexuality, disability, gender or age.

Speaking at the launch of the Bill, Greens MLC Lee Rhiannon said: "The Greens believe discrimination is not a relative concept. It is not OK for most of society to discriminate against lesbian, gay and transgender people, then it shouldn't be OK for anyone."

The Greens' campaign includes postcards to be distributed in cafes across NSW.

She hopes the postcards will "generate enough awareness and debate to ensure the major parties know that this reform is long overdue".

"The Anti-Discrimination Act 1977 explicitly states in respect to the employment of teachers that the Act does not apply 'to, or in respect of, a private educational authority'," Ms Rhiannon said.

"Similarly, in accepting the enrolments of students, these sections of the Anti-Discrimination Act do not apply 'to, or in respect of, a private educational authority."

Ms Rhiannon said private and religious schools have used their exemption from the Anti Discrimination Act to adopt discriminatory employment practices.

She said private schools have used the loophole to sack teachers who live in de facto relationships or who are gay or lesbian.

"Our Bill removes these exemptions, so that the Act applies to private schools and small businesses in the normal way," Ms Rhiannon said.

Bligh MP Clover Moore said the Bill, if passed, would provide long-delayed equality.

"It's time the parliament caught up with society," Ms Moore said.

She said it was unacceptable that the discrimination allowed by the loophole was allowed in schools.

"Schools are the place where we should be teaching tolerance," she said

Federation City Organiser and Officer attached to the Gay and Lesbian SIG Frank Barnes said teachers should be judged only on their ability to teach.

"We live in a world that is being divided by pushing difference," Mr Barnes said.

"I want to live in a society that isn't divided by race, religion, class, sexuality or ethnicity -- a place, a world to live in, that is harmonious."

Federation President Maree O'Halloran has called for all NSW state politicians to support the amendment to the Anti-Discrimination Amendment (Equality in Education and Employment) Bill.

"It is somewhat ironic that while the Federal Government is trying to break down its anti discrimination provisions by introducing amendments that would allow male-only scholarships, private schools and employers who have fewer than six employees have been exempt from the State Anti-Discrimination Act for almost 30 years," Ms O'Halloran said.

"In a society that is riddled with division caused by fear, it is critical that governments lead the way in overcoming such fears."

Ms O'Halloran said that during the years since the introduction of the Act, a number of teachers have been sacked from private schools because their sexuality has been uncovered.

"This is despite being excellent teachers who contributed positively to their schools," she said.

"We call for an end to this inverse discrimination so that all of our children can receive a well-rounded and harmonic education."

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