Showing posts with label Australia. Show all posts
Showing posts with label Australia. Show all posts

Monday, November 27, 2023

Australian State's Religious Vilification Act Takes Effect

As reported by Law and Religion Australia, the New South Wales Religious Vilification Act 2023 (full text) which was enacted in August took effect on November 11. The law provides in part:

It is unlawful for a person, by a public act, to incite hatred towards, serious contempt for or severe ridicule of—

(a) a person on the ground the person— (i) has, or does not have, a religious belief or affiliation, or (ii) engages, or does not engage, in religious activity, or

(b) a group of persons on the ground the members of the group— (i) have, or do not have, a religious belief or affiliation, or (ii) engage, or do not engage, in religious activity.

Among the exceptions in the law are: 

[A] public act, done reasonably and in good faith, for academic, artistic, scientific, research or religious discussion or instruction purposes or for other purposes in the public interest, including discussion or debate about and expositions of an act or matter.

Monday, August 07, 2023

Australian State's Ban on Kirpan in Schools Is Invalid

 In Athwal v. State of Queensland, (Queensland Sup. Ct., Aug. 1, 2023), a 3-judge panel of the Supreme Court of the Australian state of Queensland held invalid a provision in the Weapons Act that specifically provides carrying a knife for religious purposes is not one of the exceptions to the ban on possessing a knife in a school. The court concluded that the provision, which has the effect of barring Sikhs from wearing a kirpan, in a school, is inconsistent with a provision of the national Commonwealth Racial Discrimination Act. Justice Dalton filed a concurring opinion. New Indian Express reports on the decision.

Wednesday, February 01, 2023

Australia Proposes New Antidiscrimination Requirements For Religious Educational Institutions

On January 27, the Australian Law Reform Commission released a 54-page Consultation Paper on Religious Educational Institutions and Anti-Discrimination Laws (full text). The Commission summarized the Paper in a press release:

The Australian Law Reform Commission seeks stakeholder submissions on proposals to change the way Commonwealth anti-discrimination law applies to religious schools and other educational institutions.

The Consultation Paper sets out four general propositions supported by 14 technical proposals for reform. If adopted, these would:

make discrimination against students on the grounds of sexual orientation, gender identity, marital or relationship status, or pregnancy in schools and other religious educational institutions unlawful, by removing exceptions currently available under federal law,

protect teachers and other school staff from discrimination on the grounds of sex, sexual orientation, gender identity, marital or relationship status, or pregnancy, by removing similar exceptions, and

allow religious schools to maintain their religious character by permitting them to:

give preference to prospective staff on religious grounds where the teaching, observance, or practice of religion is a part of their role (and it is not discriminatory on other grounds); and

require all staff to respect the educational institution’s religious ethos.

Law and Religion Australia has more extensive reporting on the proposal.

Thursday, December 29, 2022

Rejection of Foster Parent Applicants Over Their Views on Homosexuality Violates Australian Equal Opportunity Law

In Hordyk v. Wanslea Family Services, Inc., (WA SAT, Dec. 23, 2022), the State Administrative Tribunal of Western Australia held that a non-profit family services agency that contracts with the state to arrange foster care for children placed in custody of the state violated Section 62 of the Western Australia Equal Opportunity Act 1984 when it rejected a couple who are members of the Free Reformed Church of Australia as foster parents. According to the court:

4, During the assessment process, the Hordyks revealed, in answer to specific questions asked of them, that they held the view that the Seventh Commandment in the Old Testament of the Bible requires sexual relationships to take place only between a man and woman who are married and that other expressions of human sexuality are sinful. The Hordyks believe that same-sex relationships are sinful and that people who feel same-sex attraction must fight the sin in order to live in conformity with the Commandments. They informed Wanslea that, as a result of their beliefs, in the event that a foster child who had been placed in their care was found kissing a child of the same sex at school, they would tell the child that they were loved but that the behaviour was sinful and needed to be resisted. The Hordyks said they would have to end the placement of a foster child who continued to behave in that way. They qualified that statement by saying that they would not terminate the placement immediately but could not foster that child in the long term.

5.  Following the Hordyks' expression of those views, Wanslea's staff decided not to proceed to a final assessment of the Hordyks' application and instead terminated the assessment process....

Law and Religion Australia reports at greater length on the decision.

Thursday, August 18, 2022

Commission Recommends Changes In Australian State's Anti-Discrimination Laws

On Aug. 16, the Law Reform Commission of Western Australia sent to Parliament its 297-page Final Report on its Review of the Equal Opportunity Act 1984 (WA) (full text). The Report makes 163 recommendations for changes in Western Australia's anti-discrimination laws. In connection with the Act's ban on discrimination based on religious conviction, the Report's Recommendation 51 provides:

Religious conviction should be defined in the Act. It should be defined as:
• having a religious conviction, belief, opinion or affiliation;
• engaging in religious activity;
• appearance or dress required by, or symbolic of, the person’s religious conviction;
• the cultural heritage and distinctive spiritual practices, observances, beliefs and teachings of Aboriginal and Torres Strait Islander peoples;
• engaging in the cultural heritage and distinctive spiritual practices, observances, beliefs and teachings of Aboriginal and Torres Strait Islander peoples;
• not having a religious conviction, belief, opinion or affiliation; and
• not engaging in religious activity.

The word religious should not be defined.

The Report also makes recommendations relating to discrimination on the basis of gender identity, sex characteristics and sexual orientation. It makes extensive recommendations on religious exceptions to anti-discrimination rules.

Christian Schools Australia issued a press release criticizing the Report.

Monday, January 03, 2022

Australian Court Holds Diocese Vicariously Liable For Abuse By Priest

In the Australian state of Victoria, a trial court has held a Catholic Diocese vicariously liable for sexual abuse of a five-year old in 1971 by Bryan Coffee, an assistant parish priest. In DP (a pseudonym) v. Bird, (Sup. Ct. Victoria, Dec. 22, 2021), the court, in a very lengthy opinion, said in part:

278 By reason of —(a) the close nature of the relationship between the Bishop, the Diocese and the Catholic community in Port Fairy; (b) the Diocese’s general control over Coffey’s role and duties within St Patrick’s parish; (c) Coffey’s pastoral role in the Port Fairy Catholic community; and (d) the relationship between DP, his family, Coffey and the Diocese, which was one of intimacy and imported trust in the authority of Christ’s representative, personified by Coffey — the Diocese is vicariously liable for his conduct....

280 I am also satisfied that Coffey’s role as a priest under the direction of the Diocese placed him in a position of power and intimacy vis-à-vis DP that enabled him to take advantage of DP when alone — just as he did with other boys. This position significantly increased the risk of harm to DP....

However the court refused to hold the Diocese liable on a direct negligence claim, concluding that Coffee's actions were not a foreseeable risk.  Law and Religion Australia and ABC Australia News reports at length on the decision, saying that this is the first time that an Australian court has found a diocese vicariously liable for actions of a priest.  [Thanks to Law & Religion UK for the lead.]

Wednesday, August 04, 2021

For First Time, Orthodox Rabbi Appointed To An Australian State Supreme Court

 ABC News and Hamodia report that for the first time, an Orthodox rabbi has been appointed to a Supreme Court of a state in Australia. Rabbi Marcus Solomon takes office today as the newest justice of the Supreme Court of the state of Western Australia. Rabbi Solomon, who has particular expertise in complex commercial matters, received his law degree in 1991. In 2006 he founded Perth Yeshivah, Western Australia's first post-secondary institution of Jewish studies and Talmudic law.

Tuesday, April 07, 2020

Australia's Top Court Reverses Sex Abuse Convictions of Cardinal George Pell

In Pell v. The Queen, (High Ct. Australia, April 7, 2020), Australia's highest court reversed the sex abuse convictions of Cardinal George Pell, finding:
there is "a significant possibility that an innocent person has been convicted because the evidence did not establish guilt to the requisite standard of proof."
The court ordered that judgments of acquittal be entered for Pell. the Court issued a press release summarizing the opinion. Pell, who at the time of the alleged offenses served as Archbishop of Melbourne, later become Vatican's Prefect of the Secretariat of the Economy and is the highest-ranking Catholic official to be accused of sex abuse. CNN and New York Times report on the court's decision. Pell released this statement after the Court's decision was handed down. [Thanks to Tom Rutledge and Scott Mange for the lead.]

Wednesday, August 21, 2019

Cardinal Pell's Conviction Upheld

In Australia, the Victoria Court of Appeal has affirmed the conviction of Cardinal George Pell for sexual offenses.  The court has published a summary of the judgment in Pell v. The Queen, (Victoria Ct. App., Aug. 21, 2019) indicating that the court , by a 2-1 vote, dismissed the appeal. (Case page.) The court's summary says in part:
Cardinal Pell’s conviction and this appeal have attracted widespread attention, both in Australia and beyond. He is a senior figure in the Catholic Church and is internationally well known. As the trial judge, Chief Judge Kidd, commented when sentencing Cardinal Pell, there has been vigorous and sometimes emotional criticism of the Cardinal and he has been publicly vilified in some sections of the community. There has also been strong public support for the Cardinal by others. Indeed, it is fair to say that his case has divided the community.
Catholic News Service reports on the decision.

Friday, August 02, 2019

Australian Rugby Star Sues Over His Firing For Instagram Post

In April, star Australian Rugby player Israel Folau was fired for breaching the Professional Players' Code of Conduct which requires players to "to treat everyone equally, fairly and with dignity regardless of gender or gender identity, sexual orientation, ethnicity, cultural or religious background, age or disability". The firing follows Folau's posting on Instagram a banner reading: "Drunks, homosexuals, adulterers, liars, fornicators, thieves, atheists and idolators - Hell awaits you." (Background.) Now, according to BBC News, Folau has filed suit against Rugby Australia seeking $10 million in damages and reinstatement. He alleges that he is the victim of religious discrimination for expressing his Christian religious views.  It is expected that the case will set important precedent for the balance between religious freedom and the interest in banning hate speech in Australia.

Wednesday, March 13, 2019

Cardinal Pell Sentenced By Australian Court To 6 Years In Prison On Sex Abuse Charges

As previously reported, last December a court in Australia convicted Catholic Cardinal George Pell on five counts of child sexual offenses dating back decades. As reported by CNN, yesterday the 77-year old Cardinal who was a top Vatican advisor was sentenced by the court to six years in prison.

Friday, March 01, 2019

Reporting On Cardinal Pell Conviction Is Examined

Get Religion published a piece today examining media coverage of the child sex abuse charges against Australia's Cardinal George Pell, as well as the outcome of his trial.  Reporter Julia Duin begins her report as follows:
I hadn’t been following the child abuse charges against Australian Cardinal Pell all that much because I assumed, based on the evidence, that they were somewhat plimsy and would never stick.
But they did — in a series of trials that are as odd as they come. At the heart of the proceedings there was a single witness and what appeared to be “recovered memories” of abuse. 
The end result? A cardinal is now in jail and a bunch of journalists have been handed the Aussie equivalent of contempt-of-court charges.
(See prior related posting.) Perth Now reports on Pell's appeal of his conviction.

Tuesday, February 26, 2019

Australian Court Convicts Cardinal Pell On Child Sex Abuse Charges

With the lifting today of a gag order that had been imposed by Australian courts,  NPR reports on the conviction last December of Australian Catholic Cardinal George Pell on five counts of historical child sexual offenses dating back decades.  Pell, now 77, once served as Archbishop in Melbourne. Pell had been a top advisor on the Vatican's budget to Pope Francis. He was removed from the College of Cardinals last October. Pell will be sentenced tomorrow. (Reports had surfaced outside of Australia last December of the conviction.)  [Thanks to Steven H. Sholk for the lead.]

Thursday, December 27, 2018

Australian Court Says Beth Din May Not Impose Religious Sanctions To Force Party To Appear

In Ulman v Live Group Pty Ltd., (New South Wales Ct. App., Dec. 20, 2018), the Court of Appeals of the Australian state of New South Wales held, in a 2-1 decision, that the rabbis and registrar of a Jewish religious court (Beth Din) were properly held in criminal contempt of a secular court for attempting to force adjudication of a commercial dispute in the Beth Din rather than in civil courts. The court however reduced the fines imposed for the contempt to a total of $25,000.  In the case, the Beth Din had informed the attorney representing the business being summoned to appear:
Unless by 5pm January 26 2017 the Beth Din hears from you on behalf of your client that he has recanted and that he acquiesces to the Beth Din process in accordance with Jewish Law, (which is indeed compatible with secular law), the following halachic sanctions will apply and the Synagogue/s where he prays will be informed accordingly.
1.   He will not be counted to a minyan.
2.   He will not be able to receive an aliyah to the Torah.
3.   He will not be offered any honour in the Synagogue.
J-Wire reports on the decision

Monday, October 22, 2018

Australia's Prime Minister Issues Apology To Victims of Institutional Child Sex Abuse [UPDATED]

As reported by The Telegraph, Australia's Prime Minister Scott Morrison today delivered a speech in Parliament (full text of remarks) apologizing for the government's lack of response to child sex abuse in the Catholic Church and other religious and secular institutions.  The emotional apology on behalf of the nation to victims and their families came after a five-year investigation by a government commission. (See prior posting). The Prime Minister said in part:
Today, we confront a question too horrible to ask, let alone answer. Why weren’t the children of our nation loved, nurtured and protected? Why was their trust betrayed? Why did those who know cover it up? Why were the cries of children and parents ignored? Why was our system of justice blind to injustice? Why has it taken so long to act? Why were other things more important than this, the care of innocent children? Why didn’t we believe? Today we dare to ask these questions, and finally acknowledge and confront the lost screams of our children. While we can’t be so vain to pretend to answers, we must be so humble to fall before those who were forsaken and beg to them our apology.
The Prime Minister also announced that a National Redress Scheme has begun:
The scheme will provide survivors with access to counselling and psychological services, monetary payments, and, for those who want one – and I stress for those who want one – a direct personal response from an institution where the abuse occurred.
[Updated to clarify that the Royal Commission's investigation covered other institutions as well as the Catholic Church.]

Thursday, July 19, 2018

Australian Court Bans Niqab In Spectator's Gallery

In Australia, a judge in the Victoria Supreme Court has refused to allow the wife of a terrorism defendant to wear a niqab (a full-face veil) in the court's public spectator gallery during her husband's trial.  In The Queen v. Chaarani, (VSC, July 18, 2018), the court said in part:
... Australia is obviously a multicultural society and I agree that religious dress should be accommodated as much as possible, but the right of religious freedom and the right to participate in public life are not absolutes....
Criminal proceedings in the trial division of the Supreme Court are often highly stressful experiences, not only for the accused but for those close to the accused. Likewise for those close to any victims. As a consequence of that stress, incidents happen from time to time in court.... Spectators whose faces are uncovered are likely to appreciate that, if they misbehave, it will not be too difficult to establish their identity, even if they manage to get away from the court....
A requirement that spectators have their faces uncovered is not to force anyone to act immodestly.  First, the exposure of one’s face in a court room cannot reasonably be viewed as an immodest act: subjective views to the contrary cannot rule the day, or the management of a court room. Second, if someone feels strongly that it would be improper for them to uncover their face in court, they can choose not to attend. If that is Ms Al Qattan’s choice, arrangements will be made for live streaming of the proceedings to a remote facility within the court building so that she can still view the trial.
The Guardian reports on the decision.

Tuesday, July 03, 2018

Australian Archbishop Sentenced To 12 Months Home Confinement For Concealing Priest Abuse

In Australia, Archbishop Philip Wilson, one of the country's most senior Catholic leaders, has been sentenced to 12 months home detention after being found guilty of concealing decades of abuse by a pedophile priest. The Australian reports that the sentence was imposed after a two-week trial on one count of concealing a serious indictable offense.

Friday, May 18, 2018

Australian Appeals Court Upholds Refusal To Allow Testimony From Plaintiff Wearing Niqab

In the Australian state of New South Wales, the Court of Appeal in Elzahed v. State of New South Wales, (NWCA, May 18, 2018), rejected a Muslim woman's contention that she should have been permitted to testify in her civil suit against police officers while her face was fully covered by a niqab.  Plaintiff was suing for assault allegedly occurring during the execution of a search warrant. The court said in part:
There was no error in the primary judge’s ruling that the appellant could not give evidence with her face covered by a niqab. The appellant was a party in the case, not merely a witness. The appellant’s evidence was strongly contentious. The resolution of the case would require the primary judge to make findings about whether to accept the appellant’s evidence or the conflicting evidence of the NSW police officers. Viewing the appellant’s face while she was giving her evidence was capable of affecting the resolution of that conflict. The primary judge did not err in concluding that fairness to all parties required her to reject the appellant’s application.
The appeals court pointed out that plaintiff had not asked the trial judge for alternative arrangements such as testifying from behind a screen so that her face would be visible only to to some of the people in the courtroom. Reporting on the decision, Australian Associated Press  adds this background information:
Moutia Elzahed, who's married to jailed Islamic State extremist Hamdi Alqudsi, tried unsuccessfully to sue the state and federal governments over claims of police violence during a 2014 raid on their Sydney home....
Judge Audrey Balla in mid-2017 ordered Elzahed pay $250,000 in costs to the commonwealth and state governments responsible for the federal and state police officers involved in the 2014 raid.
In early May, Elzahed became the first person in NSW to be found guilty of refusing to stand for a judge in court after insisting she only stood for Allah when she appeared before Judge Balla.

Tuesday, May 01, 2018

Former Vatican Official To Stand Trial In Australia On Some Sex Offense Charges Against Him

In Australia yesterday, a Melbourne Magistrate's Court ruled that Cardinal George Pell must stand trial on some of the sex offense charges lodged against him.  Crux reports:
Following a four-week committal hearing last month, an Australian magistrate on Tuesday dismissed some of the most serious charges of “historical sexual offenses” against Cardinal George Pell but also ruled that the 76-year-old prelate will stand trial on at least three different complaints....
Pell is currently on a leave of absence from his post as the Vatican’s Secretary for the Economy, and he becomes the most senior Church official ever to face criminal charges of sexual abuse in a civil court of law.

Wednesday, December 13, 2017

Australian Imams Publish Guidance For Muslim Witnesses In Judicial Proceedings

The Australian National Imams Council announced yesterday the release of a document titled Explanatory Note on the Judicial Process and Participation of Muslims (full text).  Prepared in cooperation with the Judicial Council of New South Wales, the document is designed to:
a) give practical guidance and explanation to members of the Australian Muslim community of the etiquette and behaviours expected of persons engaging in the judicial processes so that they may act consistently with these without compromising their religious beliefs; and,
b) provide information to judicial officers on Islamic concepts and practices as they relate to matters which may be raised in connection with Muslims participating in the court processes.
Among other things, the document says that there are no religious prohibitions on a Muslim standing up for the Magistrate or judge as a sign of respect.  It also announces:
It is not contrary to Sharia law for a woman to uncover her face when she is giving testimony in court, whether she is a witness in a case or is there to witness a deal, and it is not contrary to Sharia law for the Magistrate or Judge (male or female) to look at her in order to know or identify who she is, make assessments as to credibility where this is an issue and protect the rights of all concerned.
The document also outlines the appropriate way to swear in a Muslim witness. Daily Telegraph, reporting on the document, outlines some of the situations in Australian courts that led to the need for these clarifications.